Tuesday, March 14, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1913 Reso. No. 2023-014
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda March 14, 2023
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.
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
SPECIAL PRESENTATIONS:
A. 1. Mayor Warren and City Council to recognize Outgoing Parks, Community, and Human Services Commissioner Anahi Perez (Mayor Warren to present).
2. Mayor Warren to swear in newly appointed Chief of Police Michael Dorsey (Mayor Warren to present).
21-2053
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 .
2 City Council Meeting Regular Agenda March 14, 2023
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 21-1872
Approve the minutes of the February 28, 2023, Regular City Council meeting.
February 28, 2023 Minutes.pdfAttachments:
B. Adoption of Ordinance No. 1912 (Second Reading) 21-2063 Second Reading / Adoption of Ordinance No. 1912, An Ordinance of the City Council of the City of Fontana, California, Amending Chapter 33, “Cannabis Businesses And Activities” And Finding that the Ordinance is Exempt from the California Environmental Quality Act.
Ordinance - Amending Chapter 33 Cannabis Businesses and Activities (1).pdf
Attachments:
C. Approve task order for Engineering Services for pavement rehabilitation and sidewalk installation project on Randall Avenue from Citrus Avenue to Catawba Avenue.
21-2020
1. Approve and authorize the City Manager to execute a Task Order in the amount of $117,720.00 with Onward Engineering, for Engineering services for the pavement rehabilitation and sidewalk installation project on Randall Ave from Citrus to Catawba. Request for proposal SQ- 87-DE- 19-44.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
vicinity map.
Ranking.pdf
proposal.pdf
Attachments:
D. Approve Amendment to Fenagh Engineering & Testing Task Order for Geotechnical, Inspection and Testing Support
Services for Construction of Fire Station No. 81 at 16615 Casa Grande Avenue.
21-2027
1. Approve and authorize the City Manager to execute Task Order 3.2 to Fenagh Engineering & Testing in the amount of $58,901.52 for Support Services on Fire Station No. 81, for a total Task Order amount of $125,756.52.
3 City Council Meeting Regular Agenda March 14, 2023
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
Vicinity Map
Task Order Amendment #2 Scope and Fee
Attachments:
E. Approve a Cooperative Agreement with the City of Rialto for Construction of the Baseline Avenue at Palmetto Avenue
Traffic Signal Project
21-2025
1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of the Baseline Avenue at Palmetto Avenue Traffic Signal Project.
2. Accept outside Agency contribution of $236,341.00 for Project No. 0031 - Baseline Avenue at Palmetto Avenue Traffic Signal Project.
3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Baseline Avenue at Palmetto Avenue Traffic Signal Project.
Baseline-Palmetto Coop Agreement.pdf
Baseline & Palmetto Vicinity Map
Attachments:
F. Approve a Cooperative Agreement with the City of Rialto for Construction of the Sierra Avenue at Riverside Avenue Traffic Signal Project
21-2031
1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of the Sierra Avenue at Riverside Avenue Traffic Signal Project.
2. Accept outside Agency contribution of $120,000.00 for Project No. 3329 - Sierra Avenue at Riverside Avenue Traffic Signal Project.
3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Sierra Avenue at Riverside Avenue Traffic Signal Project.
Sierra-Riverside Coop Agreement.pdf
Sierra Riverside Vicinity Map
Attachments:
G. Approve a Cooperative Agreement with the City of Rialto for the Pavement Rehabilitation Project on Maple Avenue between Baseline Avenue and Miller Avenue
21-2032
1. Approve and authorize the City Manager to execute a Cooperative Agreement for the Pavement Rehabilitation Project on Maple Avenue
4 City Council Meeting Regular Agenda March 14, 2023
between Baseline Avenue and Miller Avenue
2. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Pavement Rehabilitation Project on Maple Avenue between Baseline Avenue and Miller Avenue.
Maple Coop Agreement.pdf
Maple Rehab Vicinity
Attachments:
H. Final Acceptance of Subdivision Improvements for Tract Map No. 18981 located on the northwest corner of Citrus Avenue and Curtis Avenue.
21-2033
1. Accept as complete the Subdivision Improvements for Tract No. 18981 located on the northwest corner of Citrus Avenue and Curtis Avenue.
2. Adopt Resolution No. 2023-014, accepting sewers in Tract No. 18981 as part of the City sewer system.
Tract Map.pdf
Vicinity Map.pdf
Sewer Resolution.doc
Attachments:
I. Approve Amendment to David Volz Design Landscape
Architects Task Order for Design Services for the Jurupa Landscape Median Project.
21-2037
1. Approve and authorize the City Manager to execute Task Order No. 1.2 to David Volz Design Landscape Architects in the amount of $63,205.00 for the Design Services of Jurupa Avenue Landscape Median Project. for a total contract amount of $222,719.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
David Volz Task Order Amendment
Vicinity Map
Attachments:
J. Award a bid for the 7714 Tamarind Ave Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU)
Construction SB-91-HD-23
21-2041
Award and authorize the City Manager to execute a construction contract with Lancet Contracting Inc for the construction of the 7714 Tamarind Ave Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) in the amount of $273,000 and authorize a 10% contingency in the amount of $27,300 (Bid No.
SB-91-HD-23).
5 City Council Meeting Regular Agenda March 14, 2023
Summary Bid Results SB-91-HD-23.pdf
Lancet Bid Details.pdf
7714 Tamarind Ave ADU & JADU - Lancet Contracting
Contract.DOCX
Attachments:
K. Miscellaneous Project No. 23 - 004 - Review of 2022 General Plan Annual Progress Report
21-2044
Direct staff to send the 2022 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).
Attachment No. 1 General Plan Annual Report
Attachment No. 2 Housing Element Annual Report
Attachments:
L. Proposed Distribution of Ad Valorem Taxes for LAFCO 3261 for reorganization and annexation of APN 0239-072-02 (Debris Basin for I- 15 Logistic Project) to the City of Fontana and Detachment from County Service Area 70. The annexation area generally lies along the north side of Lytle Creek Road, and west of Sierra Avenue.
21-2047
Adopt Resolution No. 2023-015, accepting the proposed distribution of Ad Valorem taxes as requested by the San Bernardino County auditor controller’s office for LAFCO 3261, which is for the reorganization and annexation to the City of Fontana and detachment from County Service Area 70 for APN 0239-072-02 (Debris Basin for I-15 Logistics project).
Vicinity Map and Site Plan
Ad Valorem Tax Resolution
Exhibit A to Ad Valorem Tax Resolution
Attachments:
M. Approve Memorandum of Understanding for Crossing Guards Services with Colton Joint Unified School District
21-2052
1. Approve Memorandum of Understanding between Colton Joint Unified School District (CJUSD) and the City of Fontana for crossing guard services provided by All City Management Services for one ( 1) year with up to four (4) additional one (1) year terms.
2. Authorize the City Manager to execute the Memorandum of Understanding and future amendments.
3. Approve a recurring appropriation from Fund 101 to 10140352.8130 to allow the City to fund 50% of the cost of crossing guard services for the 3 CJUSD elementary schools that fall within the City of Fontana.
CJUSD MOU exp 23.pdfAttachments:
N. Approve Purchase of the Jacobs Technology Inc. Rapid Solutions System
21-2054
6 City Council Meeting Regular Agenda March 14, 2023
1. Authorize the purchase and installation of the Base Station System from Jacobs Technology, Inc. in the amount of $920,098.94.
2. Approve the Sole Source Purchasing method under Section 3.1.5 Non-Competitive Proposal of the City ’s Purchasing Policies and Procedures and authorize the Fontana Police Department to purchase the cellular geo-location product from Jacobs Technology Inc.
3. Approve and authorize the City Manager or his assigned designee to execute documents related to the purchase of the Jacobs Technology Inc. Rapid Solutions System.
Condor quote.pdfAttachments:
O. Resolution of Intent to form Community Facilities District No . 112 (The Gardens Phase One).
21-2055
1. Adopt Resolution No. 2023-016, 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. 2023-017, of the City Council of the City of Fontana to Incur Bonded Indebtedness of the Proposed City of Fontana Community Facilities District No. 112 (The Gardens Phase One).
Resolution of Intent
Resolution to Incur Bonded Indebtedness
Proposed Boundary Map
Attachments:
P. Consider Opting into Settlement Agreements with Distributors of Opioids, Walgreens Co ., Walmart, Inc ., and Cvs Health Corporation/Cvs Pharmacy, Inc ., and Opioid Manufacturers Teva Pharmaceutical Industries ltd. and Allergan Finance, LLC/Allergan Limited
21-2061
It is recommended that the City Council adopt Resolution 2023-018, authorizing the City Manager to:
1. Opt into settlement agreement with opioid distributor, Walgreens Co ., and direct the City Manager to execute any documents necessary to implement the action.
2. Opt into settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to execute any documents necessary to implement the action.
3. Opt into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the City Manager to execute any documents necessary to implement the action.
4. Opt into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd ., and direct the City Manager to execute
7 City Council Meeting Regular Agenda March 14, 2023
any documents necessary to implement the action.
5. Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the City Manager to execute any documents necessary to implement the action.
Fontana -- Resolution Opting into 2022 National Opioid
Settlements-c1.doc
Exhibit A - Walgreens Settlement Agreement-c1.pdf
Exhibit B - Walmart Settlement Agreement-c1.pdf
Exhibit C - CVS Settlement Agreement-c1.pdf
Exhibit D - Teva Settlement Agreement-c1.pdf
Exhibit E - Allergan Settlement Agreement-c1.pdf
Exhibit F - Sample CA Allocation Agreement-c1.pdf
Exhibit G - Sample Participation Agreement-c1.pdf
Attachments:
Approve Consent Calendar Items as recommended by staff.
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
ADJOURNMENT:
A. Adjournment
Adjourn to the next Regular City Council Meeting on Tuesday, March 28, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2053 Agenda Date: 3/14/2023
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, March 14, 2023
7:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 3/8/2023Page 1 of 1
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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1872 Agenda Date: 3/14/2023
Agenda #: A. Category: Consent Calendar
FROM:
City Clerk
SUBJECT:
Approval of Minutes
RECOMMENDATION:
Approve the minutes of the February 28, 2023, Regular City Council meeting.
COUNCIL GOALS:
· .
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
DISCUSSION:
The City Council will consider approval of the minutes of the February 28, 2023, City Council meeting. The draft minutes are attached to this report for Council review and approval.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 3/8/2023Page 1 of 1
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10 Tuesday, February 28, 2023
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
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes
11 JOINT WORKSHOP:
A. 5:00 P.M. Joint City Council and Planning Commission Workshop
12 City Council Meeting Minutes February 28, 2023
The Joint Workshop meeting with the Planning Commission and City Council was held on Tuesday, February 28, 2023, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335.
Mayor Warren called the meeting of the City Council to order at 5:03 p.m.
Planning Commission Chair Fort called the meeting of the Planning Commission to order at 5:03 p.m.
ROLL CALL:
City Council Members
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, and Sandoval
ABSENT: Council Member Cothran
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
Planning Commission
PRESENT: Chair Fort, Vice-Chair Sangha, Secretary Sanchez, Commissioner's Quintana and Thrasher
ABSENT: None
The invocation was led by Planning Commissioner Fort, followed by the pledge of allegiance led by Mayor Warren.
City Clerk Key noted for the record that there were no public communication requests for this meeting.
The Regular City Council meeting agenda was reviewed and no items were pulled for report or discussion.
City Manager Ballantyne had no comments.
WORKSHOP ITEMS:
A. Leap Grant and SB 2 Presentation
Planning Director Patty Nevins introduced Dave Barquist, Kimley-Horn and Associate Planner Cecily Session-Goins to present on the Leap Grant.
Following City Council and Planning Commissioner questions and comments, Associate Planner Alejandro Rico and Planning Director Nevins presented on SB2.
Mayor Warren thanked the Planning Commission for their attendance at the workshop and
13 City Council Meeting Minutes February 28, 2023
insight on these important topics in Fontana.
Mayor Warren adjourned the City Council Workshop at 5:47 p.m.
Planning Commission Chair Fort adjourned the Planning Commission Workshop at 5:47 p.m.
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, with the exception of Council Member Cothran who was absent.
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
There were no public communications received for the following items:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: John B. Starks, Jr. vs. City of Fontana, et al.
Case #: CIV SB 2124569
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Alonso Perez vs. City of Fontana
Claim # 3020536
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov. Code Section 54956.9(d)(2) One Potential Case
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
A Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, February 28, 2023.
Mayor Warren called the meeting to order at 7:07 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts and Sandoval
ABSENT: Council Member Cothran
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
14 City Council Meeting Minutes February 28, 2023
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
The invocation was given by Fontana Police Department Chaplain Valerie Torres, followed by the pledge of allegiance led by Council Member Roberts.
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement
City Attorney Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff but took no reportable action.
SPECIAL PRESENTATIONS:
A. 21-2029
A. Mayor Warren and City Council to recognize Senior Engineer Ricardo Garay, Senior Civil Engineer Kimberly Young, Maintenance Worker II Mike Sanchez, Parks Technical Crew Chief David Kurowski, and Chief Equipment Mechanic Wes Winters, as the 2023 Public Works and Engineer Department Employees of the Year. (Public Works Director / City Engineer Gia Kim to present).
Director Kim shared a small video clip of all the recognized employees and was accompanied by the Mayor and City Council when presenting the awards to the Employees of the Year.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
1. Mark Schnose, representative from Mathasium, commented on upcoming ribbon cutting ceremony.
2. Amy Nevarez, representative from Chaffey College - Fontana Campus, commented on upcoming events and class registration.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, to approve Consent Calendar Items 'A-I'. The motion carried by a unanimous 4-0 roll call vote as follows: AYES: Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSENT: Cothran
A. Approval of Minutes 21-2001
Approve the minutes of the February 14, 2023, Regular City Council meeting.
B. Prohousing Incentive Pilot Program Resolution Authorizing Submittal of Application and Other Grant Related Documents..End 21-1996
15 City Council Meeting Minutes February 28, 2023
RECOMMENDATION:
1. Adopt Resolution No. 2023-011, a resolution of the City Council of the City of Fontana authorizing application for, and receipt of, up to $1,490,000 of Prohousing Incentive Pilot Program Funds.
2. Authorize the City Manager to execute and transmit any documents necessary or appropriate to ensure the City's timely submission of the Prohousing Incentive Pilot Program application.
C. Acceptance of Final Map for Parcel Map No. 20499 and Abandonment of a Certain Portion of Right of Way of Banana Avenue
21-2000
Accept Parcel Map No. 20499 located at the southwest corner of Santa Ana Avenue and Banana Avenue; accept as public dedicated streets and easements; and authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Banana Avenue.
D. 2023 Statement of Investment Policy 21-2009
Adopt the City of Fontana Statement of Investment Policy for 2023.
E. Communications and Marketing Service Agreement 21-2012 Approve and authorize the City Manager to execute a contractual services agreement between the City of Fontana and 20/20 Network in an amount not to exceed $716,000 over 2.5 years to provide communications and marketing services and support.
F. Final Acceptance of the South Fontana Park and Santa Ana Landscape Median Projects
21-2018
Accept as complete the work performed by Bogh Engineering for the construction of South Fontana Park and Santa Ana Landscape Median Projects and approve the final construction amount of $11,810,454.82 (SB-18-DE-22).
G. Senior Transportation Vendor Selection 21-2021
1. Award bid to GoGo Technologies, Inc. and Lyft, Inc. to provide Senior Transportation Services Program in the total amount of not to exceed $277,200.00 annually.
2. Authorize the City Manager to execute an agreement with GoGo Technologies, Inc. for one year with additional four one-year renewal.
3. Authorize the City Manager to execute any documents necessary with Lyft, Inc. to effectuate said agreements and future amendments for the Senior Transportation Services Program.
H. Purchase and Sale Agreement for 8470 Nuevo Avenue -
Downtown Fontana Property
21-2026
1. Approve a Purchase and Sale Agreement for the purchase of a building and associated land in the approximate amount of $1,825,000 located at 8470 Nuevo Avenue, west of Sierra Avenue in Downtown Fontana, more
16 City Council Meeting Minutes February 28, 2023
specifically described as APN #0191-162-35 and 0191-162-34.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
3. Approve the required increase in appropriation of $1,825,000 in Fund 601 to be included in the Third Quarter Budget Report.
I. Amend Administrative Policy 20-17, Employee Travel Expenditures Policy to the City of Fontana’s Administrative Policy and Procedures.
21-2036
Adopt Resolution No. 2023-012 of the City of Fontana, amending Administrative Procedure Section 20-17 “Employee Travel Expenditures”
NEW BUSINESS:
A. Fiscal Year 2022-23 Midyear Budget Status Report 21-2028 ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to
1. Approve the recommended Fiscal Year 2022-23 Mid-Year Budget adjustments.
2. Approve Resolution No. 2023-013 a Resolution of the City Council of the City of Fontana adopting new and updated job descriptions and salary ranges for specific classifications throughout the City and the updated corresponding salary tables.
The motion carried by a unanimous 4-0 roll call vote as follows: AYES:
Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSENT: Cothran B. An ordinance of the City Council of the City of Fontana, California, amending Chapter 33, “Cannabis Businesses and Activities” and finding that the Ordinance is exempt from the California Environmental Quality Act.
21-2040
Deputy City Manager Phil Burum presented the staff report and answered questions of the City Council.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, to approve:
1. Determine that the project is Categorically Exempt pursuant to Section 15061(b)(3) and State CEQA Guidelines Section 15060(c)(2).
2. Read by title only and waive further reading of and introduce Ordinance No. 1912 an Ordinance of the City Council of the City of Fontana, California, amending Chapter 33, “Cannabis Businesses and Activities,” and the reading of the titled constitutes the first reading thereof.
17 City Council Meeting Minutes February 28, 2023
The motion carried by a unanimous 4-0 roll call vote as follows: AYES:
Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSENT: Cothran CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Ballantyne thanked Monique Carter, Communications Manager, for an excellent presentation at this year's State of the City Address; invited the community to attend the upcoming ribbon cutting ceremony for South Fontana Park; and congratulated Police Captain Michael Dorsey on being selected as the new Police Chief.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks congratulated the Employees of the Year and thanked the entire Finance Department for all their hard work on the Budget Report.
City Clerk Key complimented the great State of the City presentation; congratulated Captain Dorsey for being selected as the new Police Chief; and wished grandson Jayden a Happy Birthday.
Mayor Pro Tem Garcia commented on Fontana being fiscally healthy and thanked Monique Carter, Communications Manager, for a great presentation at the recent State of the City address.
Council Member Roberts complimented the great State of the City presentation and congratulated Police Chief Green on his retirement.
Council Member Sandoval thanked the entire Finance Department for all their hard work on the Budget Report; mentioned some maintenance requests for staff; and wished Deputy City Clerk Arocho a Happy Birthday.
Mayor Warren thanked Monique Carter, Communications Manager, for a great presentation at the recent State of the City address; commented on newly approve Marketing Agreement on the agenda; commented on Fontana being fiscally healthy; thanked the entire Finance Department and CFO Brown for maintaining our finances; commented on employment opportunities within the City; asked residents to support restaurants and to eliminate use with illegal street vendors; recognized the end of the Governor State of Emergency from the pandemic; thanked first responders and staff for working through the difficult three years; recognized February as Black History Month; commented on the recent snow fall in Fontana; and commented on recently attended events.
ADJOURNMENT:
A. Adjournment
18 City Council Meeting Minutes February 28, 2023
The meeting was adjourned to the next Regular City Council Meeting on Tuesday, March 14, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
Mayor Warren adjourned the meeting at 8:41 p.m.
____________________________
Ashton R. Arocho, MMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MARCH 14, 2023.
____________________________
Germaine Key
City Clerk
19 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2063 Agenda Date: 3/14/2023
Agenda #: B. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Adoption of Ordinance No. 1912 (Second Reading)
RECOMMENDATION:
Second Reading / Adoption of Ordinance No. 1912, An Ordinance of the City Council of the City of Fontana, California, Amending Chapter 33, “Cannabis Businesses And Activities” And Finding that the Ordinance is Exempt from the California Environmental Quality Act.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Promote economic development by developing regulations for retail cannabis operations.
DISCUSSION:
Ordinance No. 1912 was introduced by a vote of 4-0-1 (Council Member Cothran absent) at the February 28, 2023, Regular City Council meeting.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 3/9/2023Page 1 of 1
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20 -1-
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FONTANA, CALIFORNIA, AMENDING CHAPTER 33,
“CANNABIS BUSINESSES AND ACTIVITIES” AND
FINDING THAT THE ORDINANCE IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on September 13, 2016, the City Council adopted Ordinance No. 1747 prohibiting all marijuana uses in the City to the extent allowed under California state law, and included a provision requiring a Residential Indoor Marijuana Cultivation (“ RIMC”) permit for any individual who desires to grow up to six (6) marijuana plants in their private residence; and WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled the “Adult Use of Marijuana Act” (the “AUMA”) and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical (“adult-use“ or “recreational”) cannabis, including cannabis products, for use by adults twenty-one (21) years of age and older; and
WHEREAS, on January 24, 2017, the City Council adopted Ordinance No. 1758 amending the Zoning and Development Code by adding a new Section 30 -7(b) entitled “Residential Indoor Marijuana Cultivation” to regulate indoor cultivation of marijuana and adopted Resolution No. 2017-05 establishing fees for a RIMC permit; and
WHEREAS, on March 12, 2019, the City council adopted Ordinance No. 1794 amending the RIMC fees; and
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the “Medicinal and Adult- Use Cannabis Regulation and Safety Act” (“SB 94” or the “MAUCRSA”). SB 94 creates one state regulatory structure for medical and adult-use commercial cannabis activities, reconciling AUMA, with the Compassionate Use Act of 1996 (Proposition 215) and MCRSA (collectively referr ed to as “the Act”). SB 94 provided that a state license will not be approved for a business to engage in Commercial Cannabis Activity if the business activity violates any local ordinance or regulation; and
WHEREAS, three State licensing authorities char ged with licensing and regulating commercial cannabis activities in California, the Bureau of Cannabis Control (“BCC”), the California Department of Food and Agriculture (“CDFA”), and the California Department of Public Health (“CDPH”), commenced releasing emergency regulations, outlining the standards and licensing procedures for both medicinal and adult-use commercial cannabis, and began issuing licenses for such activities on January 1, 2018; and
WHEREAS, having banned commercial cannabis citywide so as to monitor continuous developments with state law and how neighboring cities would regulate cannabis, the City Council has developed an approach to regulating cannabis businesses within the City which will increase 21 2
the likelihood of high quality and successful businesses and minimize potential adverse secondary impacts; and
WHEREAS, City Council adopted Ordinance 1899 on July 26, 2022 establishing a regulatory permit scheme for commercial cannabis activities; and
WHEREAS, City Council now wishes to amend Chapter 33 to add additional language regarding the requirements to enter into a development agreement with the City and expand requirements, in addition to those currently existing, that commercial cannabis activities are not allowed to be located within a 600-foot radius of any pre-school or boundaries of adjacent cities; and WHEREAS, the City Council finds and declares that this Ordinance constitutes a valid exercise of police power in accordance with Article XI, Section 7 of the Ca lifornia Constitution, is consistent with the language and intent of the AUMA, MAUCRSA, and related laws regulations, and policies issued by the state, consistent with the General Plan, and furthers the health, safety, and general welfare of the residents of the City of Fontana.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fontana as follows:
SECTION 1: Incorporation of Recitals . The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2: Municipal Code Amendment. Section 33-6(a) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“No person may engage in any commercial cannabis business or in any commercial cannabis activity within the city unless the person (a) has a valid commercial cannabis permit from the city, (b) has a valid State of California seller's permit, (c) has entered into a fully executed operating agreement, approved by city council, (d) has entered into a fully executed development agreement, approved by city council and (e) is in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and commercial cannabis activities, including the duty to obtain any required state licenses, business license obtained and all taxes paid and all other applicable laws including without limitation zoning and fire codes.”
SECTION 3: Municipal Code Amendment. Section 33-6(c) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“In addition to all other applicable zoning regulations and the requirements of all required state and local permits, no Commercial Cannabis Permit will be valid if the proposed Commercial Cannabis Business is located within a 600-foot radius of a school providing instruction in pre-school, kindergarten or any grades one through twelve, a day care center, park, a Youth and Recreation Center with primary Youth and Recreation Center activities, which is in lawful existence at the time a successful application was submitted to the City, or the City boundaries. No Commercial Cannabis Permit will be valid if the proposed Commercial Cannabis 22 3
Business is located within a 600 -foot radius of the City boundaries with adjacent cities.”
SECTION 4: Municipal Code Amendment . Section 33 -8(a)(14)(a)(2) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“Map identifying any instruction in pre-school, kindergarten or any grades one through 12, day care, park, youth and recreation center facilities, City boundaries with adjacent cities, and any commercial cannabis business located within 600 feet of the property lines of the proposed location. If the proposed location is not within 600 feet of any such uses, identify on the map the closest such use, and the distance in feet between that use and the property line of the proposed location;” SECTION 5: Municipal Code Amendment. Section 33-21 of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“Operating agreement required; Development agreement required.
Prior to issuing the permit and commencing operations, a permittee of a commercial cannabis business must enter into a fully executed operating agreement with appropriate fiscal mitigation measures, in a form satisfactory to city manager and city attorney. Additionally, the permittee of a commercial cannabis business must enter into a fully executed development agreement in a form satisfactory to city manager . City manager shall be authorized to execute the operating agreement and development agreement.”
SECTION 6 . Municipal Code Amendment . Section 33 -28(3)(b) of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“Downtown Retail;”
SECTION 7: Municipal Code Amendment. Section 33-29 of Chapter 33 of the Fontana Municipal Code is hereby amended to read as follows:
“No commercial cannabis business may be located within a 600 -foot radius of a school providing instruction in pre-school, kindergarten or any grades one through 12, a day care center, a park, a youth and recreation center, which is in lawful existence at the time a successful application for a commercial cannabis permit was submitted to the city, or the City boundaries with adjacent cities . The distan ce specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or other protected use to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.”
SECTION 8: CEQA. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) because it wil l not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, § 15060(c)(2)- 23 4
(3).) In the alternative, even if the Ordinance were a project subject to CEQA, the Ordinance would be exempt from CEQA under the “common sense” exemption set forth under State CEQA Guidelines section 15061(b)(3) on the basis that it can be seen with certainty that there is no possibility that the Ordinance may have a significant impact on the environment. Notably, the Ordinance does not authorize or permit the construction or operation of any cannabis business or cannabis-related use, nor does it authorize or permit any other activity that could potentially have a significant impact on the environment.
SECTION 9: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
SECTION 10: Nothing in this Ordinance shall be construed to allow persons to engage in conduct that violates state law, endangers others, causes a public nuisance, allows the use or diversion of cannabis in an unlawful manner or inconsistent with state law SECTION 11: The City Clerk shall attest to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall become effective thirty (30) days after its adoption.
24 5
PASSED, APPROVED AND ADOPTED this ____ day of __________, 2023.
________________________________
Acquanetta Warren, Mayor
City of Fontana
________________________________
Germaine McClellan Key
City Clerk
Read and Approved as to form:
Best, Best & Krieger, LLP.
__________________________________
Ruben Duran, City Attorney
25 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2020 Agenda Date: 3/14/2023
Agenda #: C. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve task order for Engineering Services for pavement rehabilitation and sidewalk installation project on Randall Avenue from Citrus Avenue to Catawba Avenue.
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a Task Order in the amount of $117,720.00 with Onward Engineering, for Engineering services for the pavement rehabilitation and sidewalk installation project on Randall Ave from Citrus to Catawba. Request for proposal SQ- 87-DE-19-44.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
The City of Fontana Council has approved the Randall Avenue Street Improvement Project (# 36000048) between Catawba Avenue and Citrus Avenue at the 2022/2023 fiscal year first quarter budget adjustment on October 25, 2022. The proposed improvements include pavement rehabilitation and installation of curb, gutter and sidewalks. The project will improve the existing road conditions by extending the pavement life significantly and providing continuous access to pedestrians through the school zone on Randall Avenue from Citrus Avenue to Catawba Avenue.
Staff solicited an RFP by notifying 46 prequalified firms through the Purchasing Office. Eleven (11) prospective firms downloaded the RFP documents, and a proposal was received from seven (7) engineering firms interested in providing design services for the project on December 15, 2022. The proposals were evaluated based on several considerations including experience with similar work, understanding of scope and issues, along with available staff and schedule. As a result, staff is recommending awarding the project to Onward Engineering for engineering design services based on being the best value to the city. Proposals pricing ranged from $53,436 to $369,041.
City of Fontana Printed on 3/9/2023Page 1 of 2
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26 File #: 21-2020 Agenda Date: 3/14/2023
Agenda #: C. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $117,720.00 and is included in the 2022- 2023 budget in 36000048-246-A-8113.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 3/9/2023Page 2 of 2
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27 N01 inch = 600 feet1200600
RANDALL AVENUE STREET IMPROVEMENT PROJECTFROM CITRUS AVENUE TO CATAWBA AVENUETRACKING NO. SQ-87-DE-19-44PROJECT LOCATION 28 Firms Ranking
Onward Engineering
Anaheim, CA 1
KOA Corporation
Ontario, CA 2
Wood Rogers, Inc.
San Diego, CA 3
TKE Engineering, Inc.
Riverside, CA 4
NV5, Inc.
Irvine, CA 5
Value Engineering, Inc.
Upland, CA 6
IMEG Corporation
Ontario, CA 7
Design Services
Street Improvements Randall Avenue
SQ-87-DE-19-44
29 design smarter. build better.
300 S. Harbor Blvd.
Suite 814
Anaheim, CA 92805
(714) 533.3050
www.oe-eng.com
REQUEST FOR
PROPOSAL
CITY OF FONTANA CALIFORNIA | ENGINEERING AND DESIGN SERVICES 8353 SIERRA AVENUE | FONTANA, CA 92335 | PHONE: (909) 350-7600
STREET IMPROVEMENT PROJECT AT RANDALL AVENUE,
FROM CITRUS AVENUE TO CATAWBA AVENUE
FOnTAnAciTy OF
ENGINEERING AND DESIGN SERVICES
Onward Engineering | Design Smarter. Build Better. | SQ-87-DE-19-44 30 City of Fontana December 15 th, 2022
8353 Sierra Avenue
Fontana, CA 92335
Subject: Street Improvement at randall avenue, from citruS avenue to catawba avenue Onward Engineering (OE) is pleased to submit this proposal to provide Engineering and Design Services for the Street Improvement Project at Randall Avenue, from Citrus Avenue to Catawba Avenue for the the City of Fontana.
This type of project is our specialty, as 90% of our work is roadway improvements (resurfacing and rehabilitation) and parkway improvements. Projects like this improve the quality of life for drivers, residents and pedestrians, providing greater access for pedestrians to reach their destinations and safer driving conditions for drivers. This is the type of project that we love to take on, because it leaves such a clear and positive impact on the community. Additionally, we have the personnel and resources to commit to the City’s schedule (full design by July 2023). In fact, our schedule anticipates that we would be able to complete the design nearly a month early. Once we commit to a schedule, we make sure not to overcommit our resources or stretch them thin, so that we can meet the milestones indicated in our proposed schedule. To do this, we make you our priority throughout the design phase, and we meet regularly so that our workload and progress is clear to the City, and that transparency gives the City peace of mind.
Our team is the heart of our business. Our innovative Project Engineers, led by Justin Smeets as the Project Manager and Majdi Ataya as the QA/QC Manager, will apply their professional skills to prepare a complete PS&E package for the City of Fontana. Our team is able to think innovatively and proactively to meet the City’s short-term and long-term goals for this project. Our team has already conducted a preliminary field walk, so that we are able to hit the ground running if selected. Ryan Dennis, P.Eng., Dayton Lowe, Riley Moore, EIT, David Loria, Jason To, Henry Lu and Leonard Phung,comprise our team of Project Engineers. Our team has worked together on a number of similar projects, allowing us to provide a seamless, confident, and familiar team dynamic.
Our team also puts a great emphasis on QA/QC. Our PS&E submittals will go through three levels of review prior to each submittal which allows for error mitigation on separate levels of detail: ground level (drafting, calculations, and document formatting), project management level (design and project intent compliance) and quality assurance level (completeness of documents and checking that we have a set of “biddable” plans). By instituting this three-tiered approach, we check that plans are consistent, clear, correct, constructible, and complete (5 C’s).
I would like to thank the City of Fontana for the opportunity to submit our proposal. If you have any questions, or would like any additional information, please feel free to contact me at: (714) 533-3050, or by email at: [email protected].
We acknowledge receipt of Addendum 1 and we thank you for the opportunity to serve the City of Fontana.
Thank you,
Majdi Ataya, PE
President, Onward Engineering
design smarter. build better.
300 S. Harbor Blvd.
Suite 814
Anaheim, CA 92805
(714) 533.3050
www.oe-eng.com
Cover Letter
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project | 1
31 H.l. HenrY lu
BS: University of Transport, Ho Chi Minh, Vietnam
dESign: Roadway/Drainage/Slope Stability/Utility
cAd: AutoCAD/Civil3D
ORgAnizATiOn chART
majdI ataYa, PE
BS: Civil Engineering, CSULB, 1981
mPA: Full Coursework, CSULB, 1993
PE: Professional Engineer #39392
CITY OF (former) Deputy Director of Public Works
LA hABRA : (former) City Engineer
juStIn SmeetS, PE,PLS,QSD
BS: Civil Engineering, CSUF, 2007
PE: Professional Engineer #78314
PLS: Professional Land Surveyor #9293
QSd: Qualified SWPPP Developer #00852
OcTA: (prior) CERTIFIED Pavement Rehabilitation
rYan dennIS, P. ENG.
daYton lowe
OcTA: (prior) Certified: Pavement Assessment,
Rehabilitation & Recommendations
cOURSES : Construction Management, Technology,
& Civil Engineering, Broward College
cAd: AutoCAD & Civil 3D
davId lorIa
AS: Computer Animation,
-Brooks College, Long Beach
cERTi FiEd: AutoCAD Certified Professional
TEch: Civil 3D, Revit, 3D Max, Recap, Scan
Master point cloud processing software
rIleY moore, EIT
BS: Civil Engineering, CalPoly Pomona, 2020
AS: Architectural Design - OCC, 2016
EiT: Engineer-in-Training, #174122
TEch: AutoCAD, Civil 3D, MicroStation, Revit,
BlueBeam, & HDL
project enGIneerS
project manaGerQa/Qc manaGer
BS: Civil Engineering,
-University of Calgary, 2005
minOR : Environmental Engineering,
-University of Calgary, 2005
P. Eng.: Professional Engineer (Canada)
cAd: AutoCAD & Civil 3D
l.f. leonard pHunG
BS: University of Transport, Ho Chi Minh, Vietnam
dESign: Roadway/Drainage/Slope Stability
cAd: AutoCAD/Civil3D/InfraWork
jaSon to
BS: Civil Engineering, CSUF, Fullerton
SkiLLS: AutoDesk/AutoCAD & ArcGIS/RAM
ExPER iEnc E: Surveying/Soil Mechanics/Reinforced
Concrete & Structural Steel Design
NOTE:
key personnel will be available to the extent proposed for the duration of the Project and no person designated as “key” to the Project shall be removed or replaced without the prior written concurrence of the City.
SECTION 1 : Proposed Project Team
Onward Engineering | Design Smarter. Build Better.
| 2
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project propoSed project team1
32 project under StandinG
The City of Fontana is seeking a qualified firm to provide professional engineering services for the Street Improvement Project at Randall Avenue from Citrus Avenue to Catawba Avenue. The purpose of the project is to rehabilitate approximately 1,300 linear feet (0.25 miles) of pavement on Randall Avenue and close curb, gutter, and sidewalk gap on the north side of the street. The street varies in width but primarily consists of one eastbound lane, two westbound lanes, and parking lanes on both sides of the street. Surrounding land use consists primarily of residential zones and Citrus Elementary School on the south side of the street. deSiGn component S
Site map
Signing and striping enhancements.
Pavement rehabilitation.
Utility appurtenance adjustments & relocations.
Curb, gutter, and sidewalk construction.
ADA curb ramp construction.
ADA driveway construction.
Site map randall avenue, from citruS avenue to catawba avenue town mileStoneS
Design Commencement – December 2022
Design Completion – July 2023
Construction Commencement – November 2023
1 2
3 citruS ave
catawba ave
randall ave
randall ave randall ave
SECTION 2 : Project Understanding & Approach
Onward Engineering | Design Smarter. Build Better.
| 3
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project project underStandinG & approacH2
33 project workflow
REcORdS RESEARch - Review available as-built records, topographic survey data, geotechnical reports (if available), as well as other data available from the City and third-party sources to assist in the preparation of the engineering design and construction plans.
UTiLiTy RESEARch - Identify all existing above ground and underground utilities and verify pertinent utility data (i.e. location, size, depth, type, etc.). Notify all utility owners of planned construction and modify, relocate, or protect in place all utilities.
TOPOgRAPhic SURvEy - Conduct a topographic survey to document existing site features and elevations to facilitate the development of the base map and vertical profiles. dROnE mAPPing - Collect high resolution aerial photographs of the streets to enhance the accuracy of the base map features including site geometry and utility appurtenance locations.
SiTE EvALUATiOn - Conduct a site evaluation to document the condition of existing infrastructure and verify utility appurtenance locations. Identify design constraints based on site conditions.
UTiLiTy POThOLing (IF REQUESTEd) - Conduct utility potholing to verify utility locations and depths and ensure there are no conflicts within the proposed design.
PLAnS, SPEciFicATiOnS, ESTimATES (PS&E) - Develop construction plans, specifications, and estimates (PS&E) that include pavement rehabilitation, curb, gutter, and sidewalk construction, ADA curb ramp and driveway construction, utility appurtenance adjustments/relocations, and signing and striping replacement.
REgULATORy cO mPLiAncE - Check that all designs adhere to the applicable state and federal standards, including ADA requirements.
Bid A nd cO nSTRUcTiOn SUPPORT - Provide the necessary support to the City to execute that Bid and Construction Phases of the project.
1 2
3 4
5 6
7 8
9 project approacH
DroNE MaPPiNG
The site assessment will be enhanced with the collection of high-resolution aerial photographs of the street using our drone. Our team has three remote pilots licensed by the FAA to fly drones for commercial use. The aerial photographs allow us to accurately denote site surface features, pavement condition, and street striping, as well as providing us with highly detailed reference data that cannot be achieved through traditional site evaluation methods. Additionally, the images collected are at a higher resolution than images provided by other sources and are ideal for use in the preparation of exhibits. The image below, collected for a previous project, demonstrates the level of detailed information that can be collected using drone technology. The aerial photos collected are merged into a composite image in post-processing to create complete street segments with very high levels of detail. aSpHalt crackInGada ramp detaIl
SECTION 2 : Project Understanding & Approach
| 4
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 34 PavEMENT rEhabi LiTaTioN
Based on preliminary field observations, the pavement is in poor condition on the south side of the street with widespread block cracking, and in very poor condition on the north side of the street with widespread alligator cracking. The recommended treatment for a street in this condition would be a grind and overlay on the south half of the street and full depth reconstruction on the north half of the street. Other paving methods such as recycled asphalt pavement and fiber reinforced asphalt will be evaluated during the design phase, and a final determination will be made following discussions with the City and a review of the preliminary site research which may include, pavement management plans, geotechnical recommendations (if available), construction budgets, and cost benefit analyses of the preliminary design options.
ExiSTiNG Curb, GuTTEr, a ND SiDEwa Lk rEPairS
Based on preliminary observations, the existing curb,
gutter, and sidewalk are generally in good condition.
A detailed assessment will be conducted to identify
areas requiring repairs that will be included in the
construction plans. At a minimum, curb and gutter
should be reconstructed where drainage is affected,
and sidewalk should be replaced where not in
compliance with ADA requirements (i.e. heaved
sidewalk panels, minimum path widths). Additional
reconstruction to replace sections where minor
cracking or breakage has occurred could also be
undertaken to improve aesthetics and prevent further
degradation that could affect ADA compliance,
drainage, or public safety in the future.
Damage to pavement, curb, gutter, and sidewalks due to
the infiltration of tree roots will also be documented. Tree roots under affected infrastructure to be reconstructed should be exposed and assessed by a licensed arborist
to determine if the roots can be removed without
affecting the health of the tree. If safe to do so, the roots can be trimmed, and a barrier can be installed to prevent the roots from re-infiltrating areas of concern.
NEw Curb, GuTTEr, a ND SiDEwa Lk CoNSTruCTio N
The new curb, gutter and sidewalk proposed on the north side of Randall Avenue will be graded to encourage excess stormwater run-off to flow from the back of sidewalk to the street gutters. If space permits, parkway can be placed between the sidewalk and curb to manage some of the run-off through percolation. Sidewalks will be constructed with maximum cross-slopes of two percent and minimum widths of 4 feet to achieve ADA compliance. A straight grade will be applied across the new gutter section to maximize the slope between the ends where tying into existing gutters.
All improvements will be designed to minimize impacts to the existing utility appurtenances and private parcels.
SECTION 2 : Project Understanding & Approach
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Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 35 aDa Curb ra MPS aND DrivEwayS
Based on a preliminary evaluation of the project limits, a total of 9 curb ramps have been identified that do not appear to satisfy ADA requirements. In addition, a total of 12 driveways will need to be reconstructed to accommodate the new curb, gutter, and sidewalk and achieve ADA compliance.
The curb ramps and driveways will be designed as 3-dimensional surfaces in Civil 3D to ensure that the ADA slope and dimension requirements are adhered to. Individual curb ramp and driveway details will be prepared for the construction plans and will include horizontal geometrics and design elevations.
If a ramp cannot be designed to achieve complete ADA compliance due to limiting site factors such as intersecting street and sidewalk grades, the ramp will be designed to be as compliant as possible, and a Curb Ramp Memo signed by a Professional Engineer will be prepared.
Based on the available right-of-way, it is anticipated that access to private properties might be required to construct the driveways and/or curb ramps; therefore, Temporary Construction Easements would be required.
SiTE Gra DiNG
A limited geotechnical investigation has been included as an optional item to verify the existing pavement structural section and evaluate the parkway subgrade for suitability for backfill. It is anticipated that site grading will primarily consist of excavating soil to accommodate the new curb, gutter, and sidewalk, backfilling beneath and behind the new sidewalks to support the structure, and contouring the existing land between the sidewalk and City right-of-way to manage surface run-off.
ADA Ramp Detail
3D Ramp Detail
SECTION 2 : Project Understanding & Approach
| 6
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 36 DESiGN CoNfLiCTS
Potential design conflicts observed during the preliminary site evaluation included:
Fences
Mailboxes
Retaining curbs and walls
Street signs
Trees
Utility poles
OE will begin identifying all the design conflicts to determine which items need to be relocated or removed, or where modifications to the design is the preferred approach. Third party utility owners such as SCE require long lead times if relocation of their utilities is required. Impacted utility owners will be engaged early in the design process to coordinate the relocation of utility appurtenances when the responsibility to relocate falls on the utility owner.
TEMPorary CoNSTruCTioN Ea SEMENTS
OE will attempt to design the improvements to minimize the encroachment into the private parcels by constructing the sidewalk, curb ramps, and driveways within the existing City right-of-way. Based on our initial site evaluation, Temporary Construction Easements (TCEs) may be required for up to ten properties located on the north side of Randall Avenue.
A final determination of the locations where temporary construction easements are required will require survey of the project limits to verify the right-of-way boundaries and comparison of those boundaries to the final design of the improvements. A cost for the preparation of legal descriptions and plats for the parcels of land where TCEs are required has been provided with the fees of this assumed scope. value enGineerin G
CoST SaviNG MEa SurES
The following cost saving measures may be incorporated into the scope of work:
dROnE mAPPing
Drone mapping will be utilized to document striping configurations and pavement conditions and prepare more accurate base maps reducing the amount of site evaluation documentation required.
PAvEmEnT EnginEERing
OE will assess the feasibility of utilizing alternative paving methods to reduce construction costs, reduce maintenance costs, and/or extend the service life of the pavement.
RighT-OF-EnTRy:
To minimize the number of Temporary Construction Easements required, OE can seek to gain Right-of-Entry agreements from the private property owners where feasible to allow the contractor to conduct work on the private property. This agreement is generally used when the contractor needs to perform work on a property but does not intend to reconstruct anything. It is most likely that this can be achieved for this project if access is only required for re-grading the soil.
LESS oNS LEarNED
The following is a description of some lessons learned on other projects of similar scope that can be applied to this project to improve efficiencies:
REcURREnT PROJEc T mEETIng S
It is recommended that progress meetings be conducted every two weeks or twice monthly between the City PM, Consultant PM, and Consultant Design Engineer. These approximately 30-minute meetings conducted via video conference or telephone allows the Consultant to give the City a brief update on the progress of the project and 1 2
3 4
5 6
SECTION 2 : Project Understanding & Approach
| 7
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 37 to discuss new design approaches and challenges. This continuous engagement assists in keeping the project on track to meet milestones and reduces the amount of time the City needs to spend reviewing the PS&E as many of their comments and concerns will have already been addressed.
BASE mAP Acc URAcy
To ensure that the base maps are accurate and complete, the site evaluation will be conducted once the drone mapping, topographic survey data, and utility as-built information has been incorporated into the base maps to verify that utility appurtenance locations and ownership are portrayed correctly.
AdhEREnc E TO BU dgET
Significant changes to the design can be costly and delay milestones, particularly on larger scale projects. Therefore, the budget will be strictly adhered to throughout the design phase and all construction items will be quantified as accurately as possible early in the design process to prevent scope creep.
ThiRd PARTy cOmmU nicATiOn
Early and continuous communication with third parties will be critical to minimize delays to the project schedule. OE will identify key personnel within organizations and provide complete design plans as early as feasible to minimize review cycles.
Scope of work
Site reSearcH pHaSe1
1.1 / 1.2 / 1.3 | meetinGS: kick-off, bi-weeklY proGreSS(x10), plan cHeck (x3) Meeting Minutes and Agenda (digital copy) - Project Schedule (digital copy - to be updated as necessary)
1.4 | reSearcH and review available data
Existing Records Matrix (digital copy) - Copies of Existing Records (digital copies)
1.5 | utilitY reSearcH and notification
Utility contact matrix (digital copy) - First, second and final utility notices, utility notification log, and correspondence to each utility owner (digital copies)
1.6 | topoGrapHic SurveY
Topographic survey basemap, CAD survey files (digital copies) preliminarY deSiGn pHaSe2
2.1 | baSe mapS
Street, Right-of-Way, and Utility Base Maps (digital copies)
2.2 | Site evaluation
Site Evaluation Notes and Photos (digital copies)
2.3 | 30% pS&e
30% PS&E (digital copies)
| 8
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project SECTION 2 & 3 : Project Understanding & Approach | Scope Of Work 38 final deSiGn pHaSe3
3.1 | 65% pS&e
65% PS&E (digital copies) - Submittal review comments/responses and red-lined plans (digital copies – PDF format)
3.2 | 90% pS&e
90% PS&E (digital copies) - Submittal review comments/responses and red-lined plans (digital copies – PDF format)
3.3 | 100% pS&e
- 100% Plans (hard copies – 24” x 36” format on bond paper, 24” x 36” double matte 4mm Mylar sheets – signed and stamped) - 100% Specifications (hard copy – bound)
- 100% Construction Cost Estimate (hard copy)
- Complete PS&E Package (digital copies – USB thumb drive) - AutoCAD and PDF design files (digital copies – USB thumb drive) bid aSSiStance and conStruction Support pH aSe4
4.1 | bid aSSiStance and conStruction Support (x16 conStruction meetinGS, rfI reSponSe, aS-builtS) - Responses to Design Inquiries (digital copies)
- As-built drawings (hard copy - 24” x 36” double matte 4mm Mylar sheets – signed and stamped) - Autocad and PDF design files (digital copies – USB flash drive) optional taSkS5
5.1 | utilitY potHolinG (per daY; 5 SHallow or 2 deep potH oleS) Potholing summary (digital copy)
5.2 | leGal deScription S, exHibitS, and l and title S (10 land parcelS) Legal descriptions, exhibits, and land titles (digital and hard copies) Legal descriptions and exhibits will be prepared by CL survey and land titles will be acquired for the acquisition of temporary construction easements where required. For this proposal, a per private parcel cost has been provided which may be multiplied by the number of parcels for which temporary construction easements are required.
SECTION 2 : Project Understanding & Approach
| 9
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 39 Id taSkS
Site reSearcH pHaSe 17 1/2/23 1/24/23
1 Kick-Off Meeting 1 1/2/23 1/2/23
2 Research and Review Available Data 1 1/3/23 1/3/23
3 Utility Research and Notification (First Notice) 2 1/4/23 1/5/23 4 Topographic Survey 15 1/4/23 1/24/23
preliminarY deSiGn pHaSe 37 1/25/23 3/16/23
6 Base Maps 2 1/25/23 1/26/23
7 Site Evaluation 2 1/27/23 1/30/23
8 30% PS&E 20 1/27/23 2/23/23
9 Submit 30% PS&E to City 1 2/24/23 2/24/23
10 City Review of 30% PS&E 15 2/24/23 3/16/23
final deSiGn pHaSe 78 3/17/23 7/4/23
11 Right-of-Way Determination 25 3/17/23 4/20/23
12 65% PS&E 25 3/17/23 4/20/23
13 Utility Research and Notification (Second Notice) 2 4/21/23 4/24/23 14 Submit 65% PS&E to City 1 4/21/23 4/21/23
15 City Review of 65% PS&E 15 4/24/23 5/12/23
16 Utility Potholing (If Required) 15 5/15/23 6/2/23
17 Legal Descriptions and Exhibits (If Required) 15 5/15/23 6/2/23 18 90% PS&E 15 5/15/23 6/2/23
19 Submit 90% PS&E to City 1 6/5/23 6/5/23
20 City Review of 90% PS&E 15 6/5/23 6/23/23
21 100% PS&E 5 6/26/23 6/30/23
22 Submit 100% PS&E to City 1 7/3/23 7/3/23
23 Utility Research and Notification (Final Notice) 1 7/4/23 7/4/23 final deSiGn pHaSe 1 7/5/23 7/5/23
22 Bidding and Construction Support 1 7/5/23 7/5/23
endbeGIndaYS
2023
januarY februarY marcH april maY june julY
10 15 20 25 30 15 10 15 20 25 30 15 10 15 20 25 30 15 10 15 20 25 30 15 10 15 20 25 30 1 115 10 1015 1520 2025 2530 305 51 auGuSt September october
1 110 10 1015 15 1520 20 2025 25 2530 30 305 5 5
SECTION 4 : Schedule
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Onward Engineering | Design Smarter. Build Better. | 10 Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project ScHedule4
40 QUALIFIcATIOnS
PE #39392 Registered Civil Engineer | BS: c iviL Engin EERing California State University, Long Beach, 1981 mPA: FULL c OURSEWORk California State University, Long Beach, 1993 | former TAc chAi RmAn Orange County Transportation Authority | former PRESidEnT Engineer’s Flood Control Advisory Committee | former PRESidEnT & hOnOREE Engineer’s Association of Orange County
BAckgROUnd
Majdi is the Principal-In-Charge of Ownard Engineering. Majdi Ataya, Professional Engineer and Former Deputy Director and City Engineer for the City of La Habra’s Public Works Department, is a seasoned engineer with over 41 years of solid and diversified experience in the public works sector. He is extremely familiar with the process of project management and design. He is a highly effective communicator and manager with an outstanding assimilation ability. Majdi is able to adapt and relate to all levels of management, and retain high energy levels and enthusiasm for the project at hand. Majdi understands the importance of excellent communication with public agencies and will be a dependable extension of your staff.
ExPERIEncE
dURFEE A vEnUE & RAmOnA BOULEvARd SidEW ALk ImPROvEmEnTS PROJEcT, EL mOnTE Majdi served as the QA/QC Manager for the City of El Monte with design engineering services for the Durfee Avenue & Ramona Boulevard Sidewalk Improvements Project (CIP No. 002). The project limits included two areas.
The first was south side of Ramona Boulevard, between the eastern city limit - west side of San Gabriel River Trail – and Durfee Avenue (1,115 linear feet). The second location was on both sides of Durfee Avenue, between Ramona Boulevard and the address of 4000 Durfee Avenue (2,525 linear feet). The project had five main objectives. (1) reconstruct sidewalks, driveways, and curb ramps within project limits as necessary to comply with current ADA requirements. (2) identify surface utilities preventing ADA compliance and provide design alternatives that include constructing around the interfering utilities or relocating them. (3) evaluate existing infrastructure (sidewalks, driveways, and curb ramps) for adherence to current ADA requirements. (4) construct new ADA compliant sidewalk where absent. (5) ensure all improvements are constructed within the existing right-of-way.
LOS SERRAnOS WIdEnIng & SIdEWALk ImPROvEmEnT, chInO hILLS Majdi was the QA/QC Manager on the Los Serranos Infrastructure - ATP Project. The proposed project limits included the widening of ten rural residential streets in the Los Serranos area of Chino Hills. The project limits are located just west of the 71-freeway towards the east end of the City of Chino Hills. The project locations are surrounded by single family residential homes. The project is funded through the Active Transportation Program Project.
Currently the Los Serranos area is very rural. The project limits include very minimal curb, gutter, and sidewalk.
The ATP grant proposed provided funding for curb, gutter, and sidewalk on one side of each of the ten streets.
The design included widening one side of the street on ten street segments within the City of Chino Hills.
LAkE FOREST d RIvE RESURFA cIng (BA kE PARk WAy TO I-5) , LAkE FOREST Majdi served as the QA/QC Manager for the City of Lake Forest on this project to prepare full design plans, specifications and estimates (PS&E) for this roadway resurfacing project located at Lake Forest Drive, between kEy PERSO nnEL
majdI ataYa, PE
QA/Qc mAnAgER
FiELdS OF ExPERTiSE:
ExPERiEncE
41 Year S of
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 41 Bake Parkway and the I-5 freeway. The project design plans were to be phased in order for the construction to be distributed into three phases as funding permitted. Along the approximately 5.5 mile stretch of road within the project limits, the phases required the construction of 152 ADA ramps and 22 ADA driveways in total and 7,105 linear feet of median curb height construction, along with the construction of bus pads, curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI of the street segments following our team’s professional assessment of the existing pavement conditions in order to extend the street service life, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance costs and enhance aesthetics. This project is funded through Measure M2, SB1 and Infrastructure Reserves Funds.
nIgUEL ROAd STREET REhABILITATIOn, LAgUnA nIgUE
Majdi served as the QA/QC Manager for the City of Laguna Niguel on the Niguel Road Street Rehabilitation and ADA Improvement Project. The project consisted of rehabilitating an approximately 1.93 mile (10,200-foot) section of Niguel Road that extends from Alta Tera to Marina Hills Drive. Niguel Road from Highland Avenue to Marina Hills Drive (8,450 linear feet) is an arterial street with two lanes of traffic in either direction, raised center medians, centerline striping, left and right-turn pockets, and bike lanes. Niguel Road from Alta Terra to Highland Avenue is a residential collector street (1,750-feet) with one lane of traffic in both directions. A major part of this project involves the full design of the 64 ramps for the nearly 2 mile stretch hilly roadway. Parking was prohibited on the street except on the north side of Niguel Road from Alta Terra to Galina Way which required traffic management. Additional tasks included repairing curb, gutter, and sidewalk and constructing ADA compliant access ramps where required. hEIL AvEnUE & WARd STREET REhABILITATIOn & RESURFAcIng PROJEcT, FOUnTAIn vALLEy Majdi served as the QA/QC Manager for the City of Fountain Valley on the Heil Avenue and Ward Street Rehabilitation and Resurfacing Project. The street limits extend along two roadaways-around 5,200 linear feet (1-mile) from Euclid Street to Harbor Boulevard on Heil Avenue, and 700’ from Edinger Avenue to the North City limit (150’ north of Margarita Avenue) along Ward Street. The project is calling for OE’s specialized detailed assessment of the roadway conditions and to draft a comprehensive analysis of the best potiential rehabilitation methods which includes verifying record drawings and data, evaluating pavement and concrete infrastructure conditions, identifying proposed private property improvements and requirements, and taking inventory of roadway signage and existing pavement markings. The site features, utility appurtenance locations, and street striping was documented by use of our drone. Substantial improvement needs within the street right-of-way include manholes; valve covers; utility vaults; poles; appurtenance and covers; signs and sign posts; trees; traffic signals and poles; local depressions; catch basins; fire hydrants; parkway drains; disrepaired curb, cross gutter and sidewalk; non-ADA compliant curb, ramp, and driveway; and signing and striping.
TORRAncE BOULEvARd RESURFAcIng FROm Pch TO PROSPEcT AvEnUE, REdOndO BEAch Majdi was the QA/QC Manager for the Torrance Boulevard Resurfacing from Pacific Coast Highway to Prospect Avenue Project (Job No. 41230). The project consists of rehabilitating the section of Torrance Boulevard between Pacific Coast Highway (PCH) and Prospect Avenue (approximately 2,800 linear feet). The western limits of the project at Pacific Coast Highway is under the jurisdiction of Caltrans, requiring coordination to acquire an encroachment permit along with the submittal of a Traffic Control Plan for construction activities within the vicinity of the Caltrans Right-of-Way, along with designing improvements (i.e. curb ramps) in accordance with Caltrans Standard Plans and Specifications. Associated sub-tasks include constructing 22 ADA compliant curb ramps and driveways, upgrading pedestrian countdown heads, adjusting and relocating utility appurtenances, and replacing signing and striping.
The project has a construction budget of approximately $950,000.
EUcLId STREET REhABILITATIOn & RESURFAcIng, FROm EdIngER TO WARnER AvEnUE, FOUnTAIn vALLEy
Majdi served as the QA/QC Manager for the City of Fountain Valley on the Euclid Street Rehabilitation and Resurfacing Project, which was located on Euclid Street, from Edinger Avenue to Warner Avenue. Approximately 5200 linear feet (1 mile) of roadway required rehabilitation which involved curb, gutter and sidewalk reconstruction, 8 curb returns with ADA curb ramp and 5 driveways to be replaced, signing and striping replacement, and utility appurtenance adjustments. Aerial photographs of the street were captured for use in base map features which included utility appurtenance locations, digout areas, street striping configurations, and pavement limits, along with a topographic survey. The construction budget of this project totaled approximately $1.7 million.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 42 QUALIFIcATIOnS
PE #78314 Registered Civil Engineer | PLS #9293 Professional Land Surveyor | QSd/QSP #00852 Qualified SWPPP Developer | BS civiL Engin EERing CSUF, 2007 | OcTA PAvEmEnT REhABiLiTATiOn (prior) Certification BAckgROUnd
Justin wields 17 years of experience involving civil engineering design, municipal engineering and facilities design, construction management and construction administration. Using AutoCAD Civil 3D, Justin handles the management and development of engineering plans and specifications and mapping. Justin additionally handles land development and grading design projects, conducted earthwork calculations, and incorporates typical designs. He is proficient in federally funded projects as well, and familiar with the Caltrans Local Assistance Procedures Manual (LAPM). Justin has successfully taken multiple projects from the initial federal funding application, to the Preliminary Environmental Study, to E-76 approval, and all the way through construction of audited federally funded construction projects. He has experience managing construction projects and handles planning and running kickoff meetings with the contractor, reviewing project submittals, RFIs, CCOs, and checking contractor invoices against field quantities. Justin ensures to coordinate the daily construction details with the contractor and inspector. He has completed multiple SWPPPs and erosion and sediment control plans per the latest Construction General Permit.
ExPERIEncE
dURFEE A vEnUE & RAmOnA BOULEvARd SidEW ALk ImPROvEmEnTS PROJEcT, EL mOnTE Justin was the Project Manager for the City of El Monte with design engineering services for the Durfee Avenue & Ramona Boulevard Sidewalk Improvements Project (CIP No. 002). The project limits included two areas. The first was south side of Ramona Boulevard, between the eastern city limit - west side of San Gabriel River Trail – and Durfee Avenue (1,115 linear feet). The second location was on both sides of Durfee Avenue, between Ramona Boulevard and the address of 4000 Durfee Avenue (2,525 linear feet). The project had five main objectives. (1) reconstruct sidewalks, driveways, and curb ramps within project limits as necessary to comply with current ADA requirements. (2) identify surface utilities preventing ADA compliance and provide design alternatives that include constructing around the interfering utilities or relocating them. (3) evaluate existing infrastructure (sidewalks, driveways, and curb ramps) for adherence to current ADA requirements. (4) construct new ADA compliant sidewalk where absent. (5) ensure all improvements are constructed within the existing right-of-way.
LOS SERRAnOS WIdEnIng & SIdEWALk ImPROvEmEnT, chInO hILLS Justin served as the Project Manager on the Los Serranos Infrastructure - ATP Project. The proposed project limits included the widening of ten rural residential streets in the Los Serranos area of Chino Hills. The project limits are located just west of the 71-freeway towards the east end of the City of Chino Hills. The project locations are surrounded by single family residential homes. The project is funded through the Active Transportation Program Project.
Currently the Los Serranos area is very rural. The project limits include very minimal curb, gutter, and sidewalk.
The ATP grant proposed provided funding for curb, gutter, and sidewalk on one side of each of the ten streets.
The design included widening one side of the street on ten street segments within the City of Chino Hills. juStIn SmeetS, PE, PLS, QSd
PROJEcT mAnAgER
FiELdS OF ExPERTiSE:
ExPERiEncE
17 Year S of
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 43 dEL AmO BOULEvARd PAvEmEnT REhABILITATIOn, cERRITOS
Justin was the Project Manager for the Del Amo Boulevard Project. Del Amo Boulevard is a major arterial oriented east/west and is used as a thoroughfare to adjacent cities. The project limits consist of a total of approximately 2,900 linear feet (approximately 0.55 miles) of Del Amo Boulevard between Pioneer Boulevard and Norwalk Boulevard.
The south half is under the City of Lakewood’s jurisdiction. Requirements included rehabilitation of pavement, concrete removal and replacement of damaged curb, gutter and sidewalks, identifying and addressing storm water drainage concerns, retrofitting curb access ramps with the latest ADA standards, and updating signing, striping and traffic loops. Close collaboration with the selected landscape architect was necessary to ensure all issues regarding tree root infiltration are addressed to accommodate both the civil and landscape designs and to ensure that the City receives a cohesive package of civil, landscape, and irrigation plans. The plans also included Low Impact Development (LID) Improvements to divert urban run-off from the storm drain system.
LAkE FOREST d RIvE RESURFA cIng (BA kE PARk WAy TO I-5) , LAkE FOREST Justin serv ed as the Project Manager for the City of Lake Forest on this project to prepare full design plans, specifications and estimates (PS&E) for this roadway resurfacing project located at Lake Forest Drive, between Bake Parkway and the I-5 freeway. The project design plans were to be phased in order for the construction to be distributed into three phases as funding permitted. Along the approximately 5.5 mile stretch of road within the project limits, the phases required the construction of 152 ADA ramps and 22 ADA driveways in total and 7,105 linear feet of median curb height construction, along with the construction of bus pads, curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI of the street segments following our team’s professional assessment of the existing pavement conditions in order to extend the street service life, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance costs and enhance aesthetics. This project is funded through Measure M2, SB1 and Infrastructure Reserves Funds.
nIgUEL ROAd STREET REhABILITATIOn, LAgUnA nIgUE
Justin provided Project Mangement services for the City of Laguna Niguel on the Niguel Road Street Rehabilitation and ADA Improvement Project. The project consisted of rehabilitating an approximately 1.93 mile (10,200-foot) section of Niguel Road that extends from Alta Tera to Marina Hills Drive. Niguel Road from Highland Avenue to Marina Hills Drive (8,450 linear feet) is an arterial street with two lanes of traffic in either direction, raised center medians, centerline striping, left and right-turn pockets, and bike lanes. Niguel Road from Alta Terra to Highland Avenue is a residential collector street (1,750-feet) with one lane of traffic in both directions. A major part of this project involves the full design of the 64 ramps for the nearly 2 mile stretch hilly roadway. Parking was prohibited on the street except on the north side of Niguel Road from Alta Terra to Galina Way which required traffic management. Additional tasks included repairing curb, gutter, and sidewalk and constructing ADA compliant access ramps where required.
BELLFLOWER BOULEvARd cOmPLETE STREETS PROJEcT, BELLFLOWER Justin served as the Project Manager for the City of Bellflower on the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.
EUcLId STREET REhABILITATIOn & RESURFAcIng, FROm EdIngER TO WARnER AvEnUE, FOUnTAIn vALLEy
Justin was the Project Manager for the City of Fountain Valley on the Euclid Street Rehabilitation and Resurfacing Project, which was located on Euclid Street, from Edinger Avenue to Warner Avenue. Approximately 5200 linear feet (1 mile) of roadway required rehabilitation which involved curb, gutter and sidewalk reconstruction, 8 curb returns with ADA curb ramp and 5 driveways to be replaced, signing and striping replacement, and utility appurtenance adjustments. Aerial photographs of the street were captured for use in base map features which included utility appurtenance locations, digout areas, street striping configurations, and pavement limits, along with a topographic survey. The construction budget of this project totaled approximately $1.7 million.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 44 QUALIFIcATIOnS
P.Eng. : APEgA Registered Civil Engineer | BS: civiL Engin EERing minOR : EnviROnm EnTAL Engin EERing University of Calgary, 2005 | cERTi FiEd AutoCAD & Civil 3D BAckgROUnd
As a Project Engineer for OE, Ryan leads the design team by performing and coordinating detailed designs on public works projects. Ryan has over 17 years of experience. He received his degree in Civil & Environmental Engineering from the University of Calgary and is a Registered Civil Engineer in Alberta, Canada. He possesses an ability to produce drawings, layouts, sketches, maps, and graphic representations of engineering designs. He also has extensive knowledge of AutoCAD Civil 3D. Ryan provides support during the overall engineering and design effort.
ExPERIEncE
dURFEE A vEnUE & RAmOnA BOULEvARd SidEW ALk ImPROvEmEnTS PROJEcT, EL mOnTE Ryan served as Project Engineer for the City of El Monte with design engineering services for the Durfee Avenue & Ramona Boulevard Sidewalk Improvements Project (CIP No. 002). The project limits included two areas. The first was south side of Ramona Boulevard, between the eastern city limit - west side of San Gabriel River T rail – and Durfee Avenue (1,115 linear feet). The second location was on both sides of Durfee Avenue, between Ramona Boulevard and the address of 4000 Durfee Avenue (2,525 linear feet). The project had five main objectives. (1) reconstruct sidewalks, driveways, and curb ramps within project limits as necessary to comply with current ADA requirements. (2) identify surface utilities preventing ADA compliance and provide design alternatives that include constructing around the interfering utilities or relocating them. (3) evaluate existing infrastructure (sidewalks, driveways, and curb ramps) for adherence to current ADA requirements. (4) construct new ADA compliant sidewalk where absent. (5) ensure all improvements are constructed within the existing right-of-way.
LOS SERRAnOS WIdEnIng & SIdEWALk ImPROvEmEnT, chInO hILLS Ryan was the Project Engineer on the Los Serranos Infrastructure - ATP Project. The proposed project limits included the widening of ten rural residential streets in the Los Serranos area of Chino Hills. The project limits are located just west of the 71-freeway towards the east end of the City of Chino Hills. The project locations are surrounded by single family residential homes. The project is funded through the Active Transportation Program Project.
Currently the Los Serranos area is very rural. The project limits include very minimal curb, gutter, and sidewalk.
The ATP grant proposed provided funding for curb, gutter, and sidewalk on one side of each of the ten streets.
The design included widening one side of the street on ten street segments within the City of Chino Hills.
LAkE FOREST d RIvE RESURFA cIng (BA kE PARk WAy TO I-5) , LAkE FOREST Ryan served as Project Engineer for the City of Lake Forest on this project to prepare full design plans, specifications and estimates (PS&E) for this roadway resurfacing project located at Lake Forest Drive, between Bake Parkway and the I-5 freeway. The project design plans were to be phased in order for the construction to be distributed into three phases as funding permitted. Along the approximately 5.5 mile stretch of road within the project limits, the phases required the construction of 152 ADA ramps and 22 ADA driveways in total and 7,105 linear feet of median curb height construction, along with the construction of bus pads, curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI of the street segments following our rYan dennIS, P. Eng.
PROJEcT EnginEER
FiELdS OF ExPERTiSE:
ExPERiEncE
17 Year S of
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 45 team’s professional assessment of the existing pavement conditions in order to extend the street service life, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance costs and enhance aesthetics. This project is funded through Measure M2, SB1 and Infrastructure Reserves Funds.
nIgUEL ROAd STREET REhABILITATIOn, LAgUnA nIgUE
Ryan served as Project Engineer for the City of Laguna Niguel on the Niguel Road Street Rehabilitation and ADA Improvement Project. The project consisted of rehabilitating an approximately 1.93 mile (10,200-foot) section of Niguel Road that extends from Alta Tera to Marina Hills Drive. Niguel Road from Highland Avenue to Marina Hills Drive (8,450 linear feet) is an arterial street with two lanes of traffic in either direction, raised center medians, centerline striping, left and right-turn pockets, and bike lanes. Niguel Road from Alta Terra to Highland Avenue is a residential collector street (1,750-feet) with one lane of traffic in both directions. A major part of this project involves the full design of the 64 ramps for the nearly 2 mile stretch hilly roadway. Parking was prohibited on the street except on the north side of Niguel Road from Alta Terra to Galina Way which required traffic management. Additional tasks included repairing curb, gutter, and sidewalk and constructing ADA compliant access ramps where required.
BELLFLOWER BOULEvARd cOmPLETE STREETS PROJEcT, BELLFLOWER Ryan is serving as a Project Engineer for the City of Bellflower on the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.
EUcLId STREET REhABILITATIOn & RESURFAcIng, FROm EdIngER TO WARnER AvEnUE, FOUnTAIn vALLEy
Ryan served as Project Engineer for the City of Fountain Valley on the Euclid Street Rehabilitation and Resurfacing Project, which was located on Euclid Street, from Edinger Avenue to Warner Avenue. Approximately 5200 linear feet (1 mile) of roadway required rehabilitation which involved curb, gutter and sidewalk reconstruction, 8 curb returns with ADA curb ramp and 5 driveways to be replaced, signing and striping replacement, and utility appurtenance adjustments. Aerial photographs of the street were captured for use in base map features which included utility appurtenance locations, digout areas, street striping configurations, and pavement limits, along with a topographic survey. The construction budget of this project totaled approximately $1.7 million.
TRABUcO ROAd RESURFAcIng PROJEcT (PEAchWOOd TO BAkE PARkWAy), LAkE FOREST Ryan was the Project Engineer for the City of Lake Forest on the Trabuco Road Resurfacing Project for road resurfacing on Trabuco Road, between Peachwood Parkway and Bake Parkway. The work required the construction of 11 ADA ramps and 2 ADA driveways in total, median curb height construction, along with curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI for Trabuco Road following our team’s professional assessment of the existing pavement conditions in order to extend the useful service life of the streets, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance needs and costs, and enhance aesthetics.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 46 QUALIFIcATIOnS
BROWARd cOLLEgE cOURSEWORk Civil Engineering T echnology & Construction Management | OcTA PAvEmEnT REhABiLiTATiOn (prior) Certification | cERTiFiEd AutoCAD & Civil 3D BAckgROUnd
As a Project Engineer for OE, Dayton performs and coordinates detailed designs on arterial roadways, utility coordination for major relocations on high profile projects and assistance in coordination efforts on multiple projects.
He possesses an ability to produce drawings, layouts, sketches, maps, and graphic representations of engineering designs. He also has extensive knowledge of AutoCAD, Autodesk Civil 3D, Eagle Pointe Civil package and others.
Dayton provides support during the overall engineering and design effort, including the preparation of design drawings and calculations. He is experienced in developing residential, commercial, and industrial conceptual site plans from the preliminary phase to final construction documents; knowledgeable in the design of gravity sanitary sewer systems; skilled in the design of sanitary sewer pump stations and force main systems; accomplished in the design of water mains for residential, commercial and industrial projects; practiced in the design of drainage systems; talented in preparing drainage calculations for effective and efficient drainage systems; and familiar in the design of grading plans for storm water drainage and ADA compliance. Dayton is also proficient in preparing and submitting packages to governmental agencies to obtain required permits for construction and in the design of roadway layouts including intersections, roundabouts, turn-lanes and travel lanes.
ExPERIEncE
dURFEE A vEnUE & RAmOnA BOULEvARd SidEW ALk ImPROvEmEnTS PROJEcT, EL mOnTE Dayton served as the Project Engineer for the City of El Monte with design engineering services for the Durfee Avenue & Ramona Boulevard Sidewalk Improvements Project (CIP No. 002). The project limits included two areas.
The first was south side of Ramona Boulevard, between the eastern city limit - west side of San Gabriel River Trail – and Durfee Avenue (1,115 linear feet). The second location was on both sides of Durfee Avenue, between Ramona Boulevard and the address of 4000 Durfee Avenue (2,525 linear feet). The project had five main objectives. (1) reconstruct sidewalks, driveways, and curb ramps within project limits as necessary to comply with current ADA requirements. (2) identify surface utilities preventing ADA compliance and provide design alternatives that include constructing around the interfering utilities or relocating them. (3) evaluate existing infrastructure (sidewalks, driveways, and curb ramps) for adherence to current ADA requirements. (4) construct new ADA compliant sidewalk where absent. (5) ensure all improvements are constructed within the existing right-of-way.
LOS SERRAnOS WIdEnIng & SIdEWALk ImPROvEmEnT, chInO hILLS Dayton was the Project Engineer on the Los Serranos Infrastructure - ATP Project. The proposed project limits included the widening of ten rural residential streets in the Los Serranos area of Chino Hills. The project limits are located just west of the 71-freeway towards the east end of the City of Chino Hills. The project locations are surrounded by single family residential homes. The project is funded through the Active Transportation Program Project.
Currently the Los Serranos area is very rural. The project limits include very minimal curb, gutter, and sidewalk.
The ATP grant proposed provided funding for curb, gutter, and sidewalk on one side of each of the ten streets.
The design included widening one side of the street on ten street segments within the City of Chino Hills. daYton lowe
PROJEcT EnginEER
FiELdS OF ExPERTiSE:
ExPERiEncE
19 Year S of
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 47 dEL AmO BOULEvARd PAvEmEnT REhABILITATIOn, cERRITOS
Dayton served as the Project Engineer for the Del Amo Boulevard Project. Del Amo Boulevard is a major arterial oriented east/west and is used as a thoroughfare to adjacent cities. The project limits consist of a total of approximately 2,900 linear feet (approximately 0.55 miles) of Del Amo Boulevard between Pioneer Boulevard and Norwalk Boulevard. The south half is under the City of Lakewood’s jurisdiction. Requirements included rehabilitation of pavement, concrete removal and replacement of damaged curb, gutter and sidewalks, identifying and addressing storm water drainage concerns, retrofitting curb access ramps with the latest ADA standards, and updating signing, striping and traffic loops. Close collaboration with the selected landscape architect was necessary to ensure all issues regarding tree root infiltration are addressed to accommodate both the civil and landscape designs and to ensure that the City receives a cohesive package of civil, landscape, and irrigation plans. The plans also included Low Impact Development (LID) Improvements to divert urban run-off from the storm drain system.
nIgUEL ROAd STREET REhABILITATIOn, LAgUnA nIgUE
Dayton served as the Project Engineer for the City of Laguna Niguel on the Niguel Road Street Rehabilitation and ADA Improvement Project. The project consisted of rehabilitating an approximately 1.93 mile (10,200-foot) section of Niguel Road that extends from Alta Tera to Marina Hills Drive. Niguel Road from Highland Avenue to Marina Hills Drive (8,450 linear feet) is an arterial street with two lanes of traffic in either direction, raised center medians, centerline striping, left and right-turn pockets, and bike lanes. Niguel Road from Alta Terra to Highland Avenue is a residential collector street (1,750-feet) with one lane of traffic in both directions. A major part of this project involves the full design of the 64 ramps for the nearly 2 mile stretch hilly roadway. Parking was prohibited on the street except on the north side of Niguel Road from Alta Terra to Galina Way which required traffic management. Additional tasks included repairing curb, gutter, and sidewalk and constructing ADA compliant access ramps where required.
BELLFLOWER BOULEvARd cOmPLETE STREETS PROJEcT, BELLFLOWER Dayton is serving as a Project Engineer for the City of Bellflower on the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.
TORRAncE BOULEvARd RESURFAcIng FROm Pch TO PROSPEcT AvEnUE, REdOndO BEAch Dayton was the Project Engineer for the T orrance Boulevard Resurfacing from Pacific Coast Highway to Prospect Avenue Project (Job No. 41230). The project consists of rehabilitating the section of Torrance Boulevard between Pacific Coast Highway (PCH) and Prospect Avenue (approximately 2,800 linear feet). The western limits of the project at Pacific Coast Highway is under the jurisdiction of Caltrans, requiring coordination to acquire an encroachment permit along with the submittal of a Traffic Control Plan for construction activities within the vicinity of the Caltrans Right-of-Way, along with designing improvements (i.e. curb ramps) in accordance with Caltrans Standard Plans and Specifications. Associated sub-tasks include constructing 22 ADA compliant curb ramps and driveways, upgrading pedestrian countdown heads, adjusting and relocating utility appurtenances, and replacing signing and striping.
The project has a construction budget of approximately $950,000.
TRABUcO ROAd RESURFAcIng PROJEcT (PEAchWOOd TO BAkE PARkWAy), LAkE FOREST Dayton was the Project Engineer for the City of Lake Forest on the Trabuco Road Resurfacing Project for road resurfacing on Trabuco Road, between Peachwood Parkway and Bake Parkway. The work required the construction of 11 ADA ramps and 2 ADA driveways in total, median curb height construction, along with curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI for Trabuco Road following our team’s professional assessment of the existing pavement conditions in order to extend the useful service life of the streets, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance needs and costs, and enhance aesthetics.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 48 QUALIFIcATIOnS
FAA LicEnSEd #4098277 Commercial Drone Remote Pilot | LEicA gEOSySTEmS Cyclone Point Cloud Processing Software | EOS Sy STEmS PhotoModeler Motion Photogrammetric Image Analysis/3D Modeling | AUTO dESk Auto CAD, Civil 3D, Revit, 3D Max, Recap | TOPcOn Scan Master Point Cloud Processing Software | AS: 3 d cO mPUTER AnimATiOn Brooks College, Long Beach, 2004 | cERTiFiEd AutoCAD & Civil 3D BAckgROUnd
David Loria has accumulated over 14 years of experience crafting his knowledge and skills in the survey and engineering industries that include CAD management, drafting and estimating, survey data and mapping, design analysis, base mapping, QA/QC checking, HD Laser scanning, 3D modeling and animation, forensic research, improving workflow pipeline methods, base maps, generating digital terrain models and accurate 3D line-work, and point cloud analysis and feature extraction, as well as advance photogrammetric modeling and analysis software. He has over 8 years of experience planning and performing site inspections and laser scans in the field, and analyzing, drafting, modeling and animating scenes for final presentations under strict deadlines. Other skills include drafting as-builts and record drawings for contract closeout submittals, and drafting base maps by combining survey data, Edison field inventory maps, public utility as-builts and other data for planning the removal, installation, replacement or repair of Edison electrical line, equipment or structures. David is proficient in multiple workflows depending on the needs and budget of a project to make sure it is completed on time and within budget.
ExPERIEncE
nEWPORT BOULEvARd WIdEnIng ImPROvEmEnT, cOSTA mESA
David worked as a Project Engineer to the City of Costa Mesa on the Newport Boulevard Widening Improvements Project. The project consists of widening a portion of 77 Fair Drive of southbound Newport Boulevard to accommodate a fourth through lane and improve its Level of Service from the current “F” rating (ranging from 1.10 to 1.30). The section of roadway to be enhanced extends approximately 2,700 linear feet southwest from 19th Street to the Superior Avenue turn-off located northeast of 17th Street. The project is located within Caltrans jurisdiction and requires traffic signal modifications, utility and street light relocations, and right-of way acquisitions to accommodate the additional through lane and right-turn pockets.
LAkE FOREST d RIvE RESURFA cIng (BA kE PARk WAy TO I-5) , LAkE FOREST David served as a Project Engineer for the City of Lake Forest on this project to prepare full design plans, specifications and estimates (PS&E) for this roadway resurfacing project located at Lake Forest Drive, between Bake Parkway and the I-5 freeway. The project design plans were to be phased in order for the construction to be distributed into three phases as funding permitted. Along the approximately 5.5 mile stretch of road within the project limits, the phases required the construction of 152 ADA ramps and 22 ADA driveways in total and 7,105 linear feet of median curb height construction, along with the construction of bus pads, curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI of the street segments following our team’s professional assessment of the existing pavement conditions in order to extend the street service life, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance costs and enhance aesthetics. This project is funded through Measure M2, SB1 and Infrastructure Reserves Funds. davId lorIa
PROJEcT EnginEER
FiELdS OF ExPERTiSE:
ExPERiEncE
14 Year S of
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 49 BELLFLOWER cOmPLETE STREETS PROJEcT, BELLFOWER
David is serving as a Project Engineer for the City of Bellflower on the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.
RESIdEnTIAL STREETS PAvEmEnT REhABILITATIOn PROJEcTS-AREAS 1, 2, & 4 , dOWnEy David provided the City of Downey with Project Engineering services for the Residential Streets Pavement Rehabilitation Project for Areas 1, 2, and 4. The main objective was to improve the PCI of the area residential street segments in order to extend the street service life, improve safety, minimize costs and maintenance needs, and enhance aesthetics. In order to accurately develop a scope of work and fees for the design services, OE conducted a detailed field evaluation, a thorough review of the City’s Pavement Management Plan, and approximated the costs for the construction activities to develop a final list of residential street segments. OE was then able to determine the quantity of streets that could be incorporated into the engineering design, which rehabilitation method to use and which method could be feasibly rehabilitated while adhering to the City’s available budget, along with providing recommendations and estimates. Upon approval by the City, the team then began to prepare separate PS&E packages for each of the 3 zone areas. The resulting work required a total of 7, 500 feet of new and reconstructed curb, gutter and sidewalk along 21 residential street segments, with roadway improvements stretching .18 mile in Zone 1, 1.003 miles in Zone 2, and .22 mile in Zone 3. On a number of segments OE used straight grade between tie-in points at adjacent segments to maximized drainage slopes. A total of 164 Curb Ramps were reconstructed to meet ADA compliance along with 85 total driveways, in addition to street widening and single-sided street parking construction. Collaboration with Caltrans, LA County Flood Control District and Union Pacific Rail Road was also performed in order to acquire permit acquisitions on the segments.
TRABUcO ROAd RESURFAcIng PROJEcT (PEAchWOOd TO BAkE PARkWAy), LAkE FOREST David served as a Project Engineer to the City of Lake Forest to prepare full design Plans, Specifications and Estimates (PS&E) to the City of Lake Forest on the Trabuco Road Resurfacing Project for road resurfacing on Trabuco Road, between Peachwood Parkway and Bake Parkway. The work required the construction of 11 ADA ramps and 2 ADA driveways in total, median curb height construction, along with curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI for Trabuco Road following our team’s professional assessment of the existing pavement conditions in order to extend the useful service life of the streets, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance needs and costs, and enhance aesthetics. cITyWIdE AdA cURB RAmPS & PATh OF TRAvEL PEdESTRIAn AccESSIBILITy ImPROvEmEnTS, LOng BEAch
David served as a Project Engineer to the City of Long Beach involving Citywide ADA Curb Ramps and Path of Travel Pedestrian Accessibility Improvements. The objective of the project is to design and construct at least 20,000 new ADA compliant curb ramps over the next 20 years in accordance with current State and Federal accessibility codes and standards. The project is to complete 1,000 of those ramps deemed most critical for accessibility. OE’s team utilizes AutoCAD Civil 3D on 3D surfaces for the designs in compliance with the Long Beach Standard Plan No. 122 in order to satisfy the maximum allowable slopes dictated in the most current version of Caltrans Standard Plan A88A, and has had to consider other accessibility standards due to occasional unavailability of a suitable ramp case and type. The project work entails the preparation of detailed individual curb ramp construction plans with the inclusion of horizontal geometrics, design elevations and dimensions, and utility appurtenance adjustments and relocations, along with concrete infrastructure such as curb, gutter, cross-gutters, and sidewalk. The necessary reconstruction is incorporated in order to accommodate the new curb ramps, meet accessibility requirements, and maintain drainage. Additional design elements have also required consideration, which involve constructing 32”x54” size flat landings next to each pedestrian push-button at signalized intersections and installing guardrails where retaining curbs adjoin walkable hard surfaces. Due to the large volume of ramps reconstructed each year, small batches of design details and construction of the ramps are being provided to the City at regular intervals through out a continuous process, with City submittals made on a monthly basis at a scaled frequency and quality.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 50 QUALIFIcATIOnS
EIT #174122 Engineer in Training | BS: civiL EnginEERing California State Polytechnic University, Pomona, 2020 AS: A RchiTEcTURAL d ESign Orange Coast College, 2016 | SOFTWARE PROF iciEncy AutoCAD-Civil 3D-Microstation- Revit-Bluebeam-HDL
BAckgROUnd
Riley is a recent graduate of California State Polytechnic University, Pomona in the field of Civil Engineering.
She is an active Project Engineer with a penchant for design where she makes great use of her extended proficiency in utilizing the most up-to-date engineering design software, which includes AutoCAD, Civil 3D, Microstation, Revit, Bluebeam and HDL. Her main fields of development and expertise include Architectural Design, Transportation Engineering, Structural Analysis and Fluid Mechanics. Recently, for nearly the past 3 years, Riley served the City of Clarement where she developed her skills and knowledge involving the review and processing of plan checks for residential improvements, striping plans for City streets, permitting for public works, utility, grading, and oversized transportation, construction documentation, topographic mapping, line drawing, land development solutions and improvements, and basic project take-offs. In her active role she maintains a positive influence among her peers, with a robust interest in advancing her knowledge and skills within the industry.
ExPERIEncE
ciTy WidE Ad A cURB RAmPS And P ATh OF TRAvEL PEdESTRiAn AccESSiBiLiTy ImPROvEmEnTS, LOng BEAch
Riley is providing Project Engineering services to the City of Long Beach involving Citywide ADA Curb Ramps and Path of Travel Pedestrian Accessibility Improvements. The objective of the project is to design and construct at least 20,000 new ADA compliant curb ramps over the next 20 years in accordance with current State and Federal accessibility codes and standards. The project is to complete 1,000 of those ramps deemed most critical for accessibility. OE’s team utilizes AutoCAD Civil 3D on 3D surfaces for the designs in compliance with the Long Beach Standard Plan No. 122 in order to satisfy the maximum allowable slopes dictated in the most current version of Caltrans Standard Plan A88A, and has had to consider other accessibility standards due to occasional unavailability of a suitable ramp case and type. The project work entails the preparation of detailed individual curb ramp construction plans with the inclusion of horizontal geometrics, design elevations and dimensions, and utility appurtenance adjustments and relocations, along with concrete infrastructure such as curb, gutter, cross-gutters, and sidewalk. The necessary reconstruction is incorporated in order to accommodate the new curb ramps, meet accessibility requirements, and maintain drainage. Additional design elements have also required consideration, which involve constructing 32”x54” size flat landings next to each pedestrian push-button at signalized intersections and installing guardrails where retaining curbs adjoin walkable hard surfaces. Due to the large volume of ramps reconstructed each year, small batches of design details and construction of the ramps are being provided to the City at regular intervals through out a continuous process, with City submittals made on a monthly basis at a scaled frequency and quality.
292 UnIQUE AdA AccESS RAmPS dESIgn, RAnchO cUcAmOngA
Riley provided Project Engineering services to the City of Rancho Cucamonga for a consecutive 3 years.
These projects included approximately 292 total ADA ramps which required custom designs for each ramp. rileY moore, eIt
PROJEcT EnginEER
FiELdS OF ExPERTiSE:
ExPERiEncE
3 Year S of
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 51 The FY 17/18 project included approximately 125 ADA ramps, with 43 additional ramps added by the City.
The FY 18/19 project included approximately 112 ADA ramps, with 15 additional ramps added by the City.
The FY 19/20 project includes approximately 55 ADA ramps. The ramp work on these projects were completed on an expedited schedule and with short turnaround times.
EUcLId ROAdWAy & SEWER REcOnSTRUcTIOn PROJEcT, FULLERTOn Riley provided Project Engineering services to the City of Fullerton on the Euclid Roadway and Sewer Reconstruction from Williamson to Fern Project. The project consisted of reconstructing or resurfacing approximately 3,700 linear feet of arterial streets between Fern Drive and Williamson Avenue and replacing approximately 1,700 feet of sewer mains between Malvern Avenue and Commonwealth Avenue. The sewer work included removing the existing 10-inch VCP and replacing it with new 12-inch VCP pipe between Commonwealth and Malvern and removing and replacing sewer north of Malvern to the end of the street project limits at Fern without upsizing. The worked also included removing the manholes at the center of the Euclid Street/Chapman Avenue intersection and establishing a new connection point approximately 50 feet to the east along Chapman Avenue as well as reconstructing the double barrel siphon and adjusting invert elevations to achieve a suitable slope. The design utilized a trenchless method to install the siphon beneath the OCPW Brea Creek Channel. Additional tasks included adjusting manhole elevations and reconnected service laterals, constructing new curb and gutter where gutter is absent, constructing ADA compliant curb ramps, and repairing curb, gutter, cross gutters, sidewalks and driveways where required.
The City utilized SB1 funds for the road rehabilitation and local funds for the sewer improvements. mAnhATTAn BEAch BOULE vARd And SEPULvEdA BOULE vARd WIdEnIng, mAnhATTAn BEAch Riley is providing Project Engineering services to the City of Manhattan Beach on the Manhattan Beach Boulevard and Sepulveda Boulevard Widening project. The proposed project limits include the intersection of Manhattan Beach Boulevard and Sepulveda Boulevard to accommodate dual left turn lanes in the northbound to westbound, eastbound to southbound, and westbound to northbound directions. The City of Lawndale is east of the project area, the City of Redondo Beach is south of the intersection, El Segundo sits to the north, and the Pacific Ocean to the west. Commercial businesses can be found throughout the project limits. The purpose of the project was to increase the operational capabilities of the intersection. This was accomplished by adding dual left turn lanes to the westbound, northbound and eastbound lanes. Northbound and southbound Sepulveda will have five travel lanes; two left turn lanes, and three through lanes. Eastbound and Westbound Manhattan Beach Boulevard will have five travel lanes; two left turn lanes, two through lanes and one dedicated right turn lane.
LOS nIETOS ROAd REhABILITATIOn PROJEcT, SAnTA FE SPRIngS Riley is providing Project Engineering services to the City of Santa Fe Springs on the Los Nietos Road Rehabilitation Project. The project consists of rehabilitating approximately 2.3 miles of roadway on Los Nietos Road between Pioneer Blvd. and Painter Ave. The segment of Los Nietos was noted to be in poor condition. Widespread alligator cracking, block cracking, and potholing were observed throughout the project limits. The rehabilitation entailed available grind and overlay on the street segments and milling the full width of the street in areas where the deterioration was extensive. Our team also identified areas of isolated deterioration where digouts and milling the edges of the street may be necessary. Additional tasks include reconstructing curb, gutter, cross-gutters, and sidewalks in disrepair, as well as constructing ADA compliant driveways and curb ramps. Railroad right-of-ways intersect Los Nietos Road within the limits of the project. All design and construction activities within these right-of-way was coordinated with the PUC and carried out in accordance with the applicable PUC Codes.
BELLFLOWER cOmPLETE STREETS PROJEcT, BELLFOWER
Riley is serving as a Project Engineer for the City of Bellflower on the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 52 jaSon to
PROJEcT EnginEER
FiELdS OF ExPERTiSE:
ExPERiEncE
5 Year S of
QUALIFIcATIOnS
BS: Bachelor of Science-Civil Engineering, California State University, Fullerton | SkILLS: AutoDesk, AutoCAD, RAM Structural Systems, ArcGIS | ROLES: CAD Designer 1, Lab Engineer 1, Technical Specialist, Construction Manager BAckgROUnd
Jason To is an entheusastic Project Engineer and a recent graduate from Calfornia State University, Fullerton, earning a Bachelor’s of Science Degree in Civil Engineering. He quickly followed this by taking on the role of Lab Engineer 1 and Technical Specialist for RMS Energy Consulting, where he provided projects scheduling, data analysis, drafted standard testing procedures for energy efficient appliances, and configured, calibrated and tested thermal couples equipment energy appliances for energy efficiency. In this role, Jason gained a wide range of design experience beginning with Soil Mechanics, where he determined properties of soil required for foundation design, then in Reinforced Concrete Design, where he designed and analyzed reinforced concrete structures, followed by Structural Steel Design, where he designed and analyzed steel structures. Jason also gained experience in Engineering Surveying, where he learned how to properly survey and use surveying equipment, as well as in Construction Management in learning how to create a project schedule and cost estimates with safety and reliability considerations through MS Project. His most recent position at Advantage Engineers allowed him work as a CAD Designer 1, where he designed and drafted zoning and construction drawings, site plans, red-line corrections, etc. for the purpose of wireless siting, and communicated drawing status and schedule to the Project Manager and other Team members, making him a team player along with his acquired design and management skills in the field.
ExPERIEncE
LAkE FOREST d RIvE RESURFA cIng (BA kE PARk WAy TO I-5) , LAkE FOREST Jason served as a Project Engineer for the City of Lake Forest on this project to prepare full design plans, specifications and estimates (PS&E) for this roadway resurfacing project located at Lake Forest Drive, between Bake Parkway and the I-5 freeway. The project design plans were to be phased in order for the construction to be distributed into three phases as funding permitted. Along the approximately 5.5 mile stretch of road within the project limits, the phases required the construction of 152 ADA ramps and 22 ADA driveways in total and 7,105 linear feet of median curb height construction, along with the construction of bus pads, curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI of the street segments following our team’s professional assessment of the existing pavement conditions in order to extend the street service life, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance costs and enhance aesthetics. This project is funded through Measure M2, SB1 and Infrastructure Reserves Funds. hEIL AvEnUE & WARd STREET REhABILITATIOn & RESURFAcIng PROJEcT, FOUnTAIn vALLEy Jason served as a Project Engineer for the City of Fountain Valley on the Heil Avenue and Ward Street Rehabilitation and Resurfacing Project. The street limits extend along two roadaways-around 5,200 linear feet (1-mile) from Euclid Street to Harbor Boulevard on Heil Avenue, and 700’ from Edinger Avenue to the North City limit (150’ north of Margarita Avenue) along Ward Street. The project is calling for OE’s specialized detailed assessment of the roadway conditions and to draft a comprehensive analysis of the best potiential rehabilitation methods which includes verifying record drawings and data, evaluating pavement and concrete infrastructure conditions, identifying proposed private property improvements and requirements, and taking inventory of roadway signage and existing
SIDEWALKROADWAY PAVEMENTWIDENING INTERSECTION
SECTION 1 : Statement of Qualifications and Experience
Onward Engineering | Design Smarter. Build Better.
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 53 pavement markings. The site features, utility appurtenance locations, and street striping was documented by use of our drone. Substantial improvement needs within the street right-of-way include manholes; valve covers; utility vaults; poles; appurtenance and covers; signs and sign posts; trees; traffic signals and poles; local depressions; catch basins; fire hydrants; parkway drains; disrepaired curb, cross gutter and sidewalk; non-ADA compliant curb, ramp, and driveway; and signing and striping.
EUcLId STREET REhABILITATIOn & RESURFAcIng, FROm EdIngER TO WARnER AvEnUE, FOUnTAIn vALLEy
Jason served as Project Engineer for the City of Fountain Valley on the Euclid Street Rehabilitation and Resurfacing Project, which was located on Euclid Street, from Edinger Avenue to Warner Avenue. Approximately 5200 linear feet (1 mile) of roadway required rehabilitation which involved curb, gutter and sidewalk reconstruction, 8 curb returns with ADA curb ramp and 5 driveways to be replaced, signing and striping replacement, and utility appurtenance adjustments. Aerial photographs of the street were captured for use in base map features which included utility appurtenance locations, digout areas, street striping configurations, and pavement limits, along with a topographic survey. The construction budget of this project totaled approximately $1.7 million.
Fy 2022-23 AnnUAL P AvEmEnT REhABiL iTATiOn PROJEcT, PhASES 1-4, WhiTTiER Jason is providing the City of Whittier with Project Engineering services through 4 phases of their Annual Pavement Rehabilitation Project. The project purpose is to rehabilitate approximately 49,000 linear feet (9.3 miles) of 46 streets with a variety of slurry and cape seal, grind and overlay in order to achieve an extended pavement service life while minimizing future maintenance needs, improve safety and enhance aesthetics. The required work involved pavement, curb, gutter and sidewalk repair and rehabilitation, reconstructing 62 curb ramps (52 with missing truncated domes), replacing 9 cross gutters, utility appurtenance adjusting and relocating, signing and striping. The project also required Caltrans Encroachment Permits for streets around Whittier Boulevard, and for the Union Pacific Railroad (UPRR) due to street proximity to the right-of-way on the southwest end. OE’s in- house Laser Scanner was utilized to capture visible indications of surface utilities, trees, utility poles, luminaries, fencing, walls, sidewalks, hardscape, signs, and edge of pavement lying within the ramp locations, as well as lip of gutter, flow-line, top of curb, and back of walk elevations were documented. The survey also extended beyond the ramp’s BCRs/ECRs to ensure proper tie-in to the existing infrastructure. zOnE 3 c OLLEc TOR ROAd imPRO vEmEnTS, LAgUnA BEAch
Jason is providing Project Engineering services to the City of Laguna Beach for the development of Plans, Specifications & Estimates for street improvements of Park Avenue, from Glenneyre Street to Wendt Terrace; Glenneyre Street, from Park Avenue to Thalia Street; and Thalia Street, from Temple Hills Drive to the South End The City. The project consists of rehabilitating approximately 3,200 linear feet of Park Avenue, 2,500 linear feet of Glenneyre Street, and 2,500 linear feet of Thalia Street. Additional tasks include analyzing crown slopes at pedestrian crossings to reduce crossfall and steep crowns, as needed, along with utility adjustments, a record of survey on Thalia Street, a two-phase set of traffic control plans, and signing and striping. Traffic control and detour plan phasing is also included in order to accommodate the summer moratorium and for Thalia Street, OE prepared and filed with the County of Orange a Record of Survey showing the existing centerline from Temple Hills Drive to the southwest end.
cLARk A vEnUE REhABiLiTATiOn PROJEcT, BELLFLOWER
Jason is providing Project Engineering services to the City of Bellflower on the Clark Avenue Rehabilitation project.
The project spanned 2,200 LF of arterial roadway from Artesia Boulevard to the South City limits. The scope of work included an inverted grind and overlay to reduce the crown height and provide more gradual grads at the edge of the roadway. The project also entailed a full-width ARHM overlay, localized full-depth reconstruction, installing 22 traffic loops, adjusting 22 manholes and 35 valves, metal hand-railing, curb & gutter, PCC driveways, and 11 curb ramp replacements to meet ADA compliance, as well as necessary traffic striping. Due to the projects close proximity to the City of Lakewood, OE was required to coordinate with both the City of Bellflower and the City of Lakewood.
SECTION 1 : Statement of Qualifications and Experience
Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project 54 taSk 1 - SI te re Searc H pHaSe taSk 1
1.1 Kick-Off Meeting 4 4 4 12 $2,060.00 $- $2,060.00
1.2 Bi-Weekly Progress Meetings (x10) 5 5 10 $1,575.00 $- $1,575.00
1.3 Plan Check Meetings (x3) 3 3 6 $945.00 $- $945.00
1.4 Research and Review Available Data 8 8 16 $2,520.00 $- $2,520.00
1.5 Utility Research and Notification 8 32 40 $5,880.00 $- $5,880.00
1.6 Topographic Survey 2 1 3 $490.00 $7,920.00 $7,920.00 $8,410.00 TASK 1 SUB- TOTAL 4 30 53 87 $13,470.00 $7,920.00 $- $- $7,920.00 $21,390.00 taSk 2 - prel ImInarY de SIGn pHaSe taSk 2
2 .1 Base Maps 2 16 18 $2,590.00 $- $2,590.00
2.2 Site Evaluation 2 16 18 $2,590.00 $- $2,590.00
2.3 30% PS&E 4 32 120 156 $23,200.00 $- $23,200.00 TASK 2 SUB- TOTAL 4 36 152 192 $28,380.00 $- $- $- $- $28,380.00 taSk 3 - f Inal de SIGn pHaSe taSk 3
3 .1 65% PS&E 8 32 120 160 $24,000.00 $- $24,000.00
3.2 90% PS&E 4 24 80 108 $16,200.00 $- $16,200.00
3.3 100% PS&E 2 8 40 50 $7,400.00 $- $7,400.00
TASK 3 SUB- TOTAL 14 64 240 318 $47,600.00 $- $- $- $- $47,600.00 taSk 4 - b IddInG and con Struct Ion S upport p HaSe taSk 4 4 .1 Bid Assistance and Construction Support
(x16 Construction Meetings, RFI Response, As-Builts) 8 40 8 56 $9,720.00 $- $- $- $9,720.00 TASK 4 SUB- TOTAL 8 40 8 56 $9,720.00 $- $- $- $- $9,720.00 optIonal ta SkS optIonal
5 .1 Utility Potholing (Per Day; 5 Shallow or 2 Deep Boreholes) 0 $- $7,000.00 $7,000.00 $7,000.00
5.2 Legal Description, Exhibit, and Land Title (1 Land Parcels) 0 $- $3,630.00 $3,630.00 $3,630.00 OPTIONAL TASKS SUB- TOTAL 0 0 0 0 $- $3,630.00 $- $7,000.00 $10,630.00 $10,630.00 TOTAL hOURS And cOSTS 653 $99,170.00 $18,550.00 $117,720.00 design smarter. build better.
Onward Engineering Fee Proposal to Provide:
Professional Design Services for the City of Fontana.
Street Improvement Project.
Qa/Qc
Manager
$200.00
HourlY
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300 S. Harbor Blvd.
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Onward Engineering | Design Smarter. Build Better.
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Request for Proposal, Engineering and Design Services for the City of Fontana California, Street Improvement Project fee5
55 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2027 Agenda Date: 3/14/2023
Agenda #: D. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Amendment to Fenagh Engineering & Testing Task Order for Geotechnical, Inspection and Testing Support Services for Construction of Fire Station No. 81 at 16615 Casa Grande Avenue.
RECOMMENDATION:
1. Approve and authorize the City Manager to execute Task Order 3.2 to Fenagh Engineering & Testing in the amount of $58,901.52 for Support Services on Fire Station No. 81, for a total Task Order amount of $125,756.52.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
COUNCIL GOALS:
· Improve public safety by maximizing fire and emergency medical service resources. · Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
Fire Station No. 81 is a priority one project that involves the construction of a new fire station at the northern edge of the City limits. The proposed site is located on the southwest corner of Casa Grande Avenue and Montelena Road (approximately 0.2 miles west of Sierra Avenue). The new fire station is needed to improve response times in the Summit at Rosena Specific Plan area. The proposed new fire station will help meet the goal of response times that are less than five minutes within the District 90 percent of the time. This project is part of the Fire Master Plan.
On October 26, 2021 a task order was issued to Fenagh Engineering & Testing (Fenagh for geotechnical inspection and material testing services in the amount of $38,647. On August 4, 2022 the task order was amended to include additional observation services of rock removal during grading operations in the amount of $28,208 increasing the total task order amount to $66,855.00.
The proposed second amendment will provide for additional construction support services required through completion of the project. Fenagh has been successfully providing testing and inspection services to meet the project needs and maintain the project schedule. During construction, additional inspection and observation services beyond the scope of first amendment have become necessary for successful project completion. These additional services include shop inspections for the structural steel elements, increased structural masonry inspections combined with sheer wall inspections, increased compaction testing and additional grading observation related to oversized rock in the sub-grade. The second amendment in the amount of $58,901.52 will increase the total task order amount to $125,756.52.
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56 File #: 21-2027 Agenda Date: 3/14/2023
Agenda #: D. Category: Consent Calendar
Construction is expected to be completed in May 2023.
FISCAL IMPACT:
Funds for this project are budgeted in Fiscal Year 2022/2023 Fire Capital Fund 610 in Project No. 3383 (Fire Station 81).
MOTION:
Approve staff recommendation.
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57 Project Site
N
Vicinity Map
58 9070 Center Avenue, Rancho Cucamonga, CA 91730 – (909) 587-6374 www.fenaghengineering.com
January 31, 2023
Jeffrey Kim,
Engineering Manager
City of Fontana
8353 Sierra Ave.
Fontana, California 92335
Reference: Contract No. SQ-87-DE-19, Task Order #3 Fire Station 81, Geotechnical Testing Services
Subject: Request for Additional Funds
Dear Mr. Kim:
Fenagh Engineering and Testing (Fenagh) appreciates the opportunity to be part of the City’s Construction Team for the Fire Station #81 project.
As you know, the need for our inspection and testing services are based on the General Contractor’s construction schedule, manpower loading and methods of construction as well as site conditions. This project required significantly more hours for compaction testing and masonry inspections. The project also required additional services beyond what was identified in the bid proposal, including additional professional engineering services related to the mitigation of oversize rock within the subgrade, structural steel/welding shop inspections, and structural sheer wall inspections.
As such, we expended more hours that were budgeted by the project te am and s o we req uest an augmentation to our Task Order, increasing the amount by $58,901.52 for a total of $125,756.52 to cover those services render ed to dat e and those anticipated to complete the project . Please refer to the accompanying spreadsheet that details the costs per line item.
Please feel free to contact me if you have questions or if we may be of further assistance.
Respectfully Submitted,
Fenagh Engineering and Testing
Martin B. Lowenthal
Regional Vice President
59 9070 Center Avenue, Rancho Cucamonga, California 91730 | (909) 587-6374 www.fenaghengineering.com
Proposal
Item Work Activity Description Estimated
Quantity Unit Rate Subtotal
FIELD
1 Grading Observation & Testing 158 HR 85 13,430.00 $
2 Compaction Testing 326 HR 85 27,710.00 $
3 Reinforced Concrete Inspection, Sampling & Testing 120 HR 85 10,200.00 $ 4 Special Inspection ‐ Welding 44 HR 86 3,784.00 $
5 Special Inspection ‐ Masonry 301 HR 85 25,585.00 $
LABORATORY
6 Grading Observation ‐ Maximum Density Testing 3 EA 100 300.00 $ 7 7. Compaction Testing 18 EA 1 18.00$
8 8. A/C Paving ‐ HVEEM Stability Test for Asphalt 1 EA 125 125.00 $ 9 9. Concrete Compression Strength Test (four 6"x12") 17 EA 12 204.00 $ 10 10. Tension & Bend Rebar, Post Installed Anchors 0 EA 40 ‐$ 11 11. Welding ‐ High Strength Bolt, Nut, Washer Testing 0 EA 100 ‐$ 12 12. Masonry ‐ Block (ASTM C90) 0 EA 65 ‐$
13 13. Masonry ‐ Mortar Compression Test 52 EA 12 624.00 $ 14 14. Masonry ‐ Grout Compressive Testing 28 EA 12 336.00 $ 15 15. Masonry ‐ Core (Shear) 0 EA 65 ‐$
16 16. Masonry ‐ Core (Compression) 0 EA 45 ‐$
OFFICE
17 17. Project Management 41 HR 20 820.00 $
18 18. Support Staff 36.5 HR 1 36.50$
19 19. Prepare Test Results Summary Report 1 HR 1 1.00$ ADDITIONAL OBSERVATION SERVICES (0versize Rock)
Field Supervisor/Staff Engineer (Meetings) 7 HR 165 1,155.00 $ Geotechnical Engineer Services 0.5 HR 245 122.50 $
Principal Engineer 13 HR 300 3,900.00 $
ADDITIONAL INSPECTION/TESTING SERVICES
Additional Services ‐ Steel ‐ Shop Inspection 140 HR 140 19,600.00 $ Additional Services ‐ Nondestructive Testing ‐ UT 4 EA 145 580.00 $ Additional Services ‐ Framing Inspection (Shear
Walls/Nailing) (Combined w/Masonry) 145 HR 85 12,325.00$ Additional Services ‐ Overtime Compaction Testing/Masonry Insp 22 HR 127.5 2,805.00$
Additional Services ‐ Concrete Compression Strength Testing (4x8) 72 EA 55 3,960.00$
Additional Services ‐ Sample Pick Ups 153 EA 25 3,825.00 $ (5,689.48)$
125,756.52$
PRIOR PAID INVOICES CORRECTIONS CREDIT
PROJECT TOTAL
CHANGE ORDER
60 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2025 Agenda Date: 3/14/2023
Agenda #: E. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve a Cooperative Agreement with the City of Rialto for Construction of the Baseline Avenue at Palmetto Avenue Traffic Signal Project
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of the Baseline Avenue at Palmetto Avenue Traffic Signal Project.
2. Accept outside Agency contribution of $236,341.00 for Project No. 0031 - Baseline Avenue at Palmetto Avenue Traffic Signal Project.
3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Baseline Avenue at Palmetto Avenue Traffic Signal Project.
COUNCIL GOALS:
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance. · Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’sapproved Capital Improvement Program budget includes the Baseline Avenue at Palmetto Avenue Traffic Signal Project (Project). The proposed improvements include construction of a new traffic signal at the intersection of Baseline Avenue and Palmetto Avenue. The intersection is ranked at the top of the City’s Traffic Signal Priority List. The implementation of a signal at this intersection will improve the flow of the traffic and enhance safety. Roadway signage, striping, and pavement will also be improved with this project.
The intersection is located at the City of Fontana and City of Rialto border with the north-east quadrant in the City of Rialto’sjurisdiction, whereas all three other quadrants are within the City of Fontana’s.
The cooperative agreement will define the financial responsibilities for both the City of Fontana and the City of Rialto for the construction of the Project. The City of Fontana will be the lead agency for the design and engineering, right of way, utility coordination, and construction of the Project. The total City of Fontana Printed on 3/9/2023Page 1 of 2
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61 File #: 21-2025 Agenda Date: 3/14/2023
Agenda #: E. Category: Consent Calendar
the design and engineering, right of way, utility coordination, and construction of the Project. The total project cost is $980,365. The City of Rialto will reimburse the City of Fontana for 25% of the Engineering and Design, Utility, Construction, Construction Contingency, and Construction Engineering costs up to $236,341.00. The agreement will be approved in counterpart by the City of Rialto on March 14, 2023. The Project is expected to start construction in late 2023.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is increase in revenue in Capital Improvement Fund #602 by $236,341.00 to Project No. 36000031-246-A-8329 - Baseline Avenue at Palmetto Avenue Traffic Signal Project. Funds in the amount of $744,024.00 for the City of Fontana’s share of the project are already budgeted in Local Measure I Fund (Fund 246) in Project No. 36000031-246-A-8329 - Baseline Avenue at Palmetto Avenue Traffic Signal Project.
MOTION:
Approve staff recommendation
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62
COOPERATIVE AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF RIALTO FOR THE COMPLETION OF CONSTRUCTION FOR THE BASELINE AVE AT PALMETTO
AVE TRAFFIC SIGNAL PROJECT
This Cooperative Agreement (“AGREEMENT”) is made and entered into on the day of 2023, by and between City of Rialto and the City of Fontana, sometimes individually or collectively hereinafter referred to as “PARTY” or “PARTIES.” This agreement defines the roles and responsibilities of City of Rialto and City of Fontana for the construction improvements of the BASELINE AVE AT PALMETTO AVE TRAFFIC SIGNAL PROJECT partially in the City of Fontana and partially within the City of Rialto, hereinafter referred to as the “PROJECT.”
RECITALS
WHEREAS, the PROJECT proposes to construct a new traffic signal at the intersection of Baseline Avenue and Palmetto Avenue; and
WHEREAS, PROJECT is partially within each city, and will be of mutual benefit to the PARTIES and this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership, operation, and maintenance of the existing and future improvements; and
WHEREAS, the City of Fontana has volunteered to complete the implementation of the PROJECT, including project management services, engineering design and construction services, procurement and management of a contractor, and coordination with utilities; and, WHEREAS, City of Rialto and City of Fontana desire to cooperate in the PROJECT; and WHEREAS the City of Fontana is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT and will complete and file the proper Categorical Exemption documentation to proceed with the PROJECT. The City of Rialto shall be identified as a Responsible Agency for purpose of CEQA compliance.
NOW, THEREFORE, City of Fontana and City of Rialto agree to the following:
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SECTION I
CITY OF FONTANA RESPONSIBILITIES:
1. City of Fontana shall render project management services and construction management services utilizing City of Fontana available staff which will be supplemented with consultants, hired at the City of Fontana’s discretion, that are specifically tasked for completing the PROJECT.
2. Under CEQA, the City of Fontana, as the Lead Agency, is the decision-making body and shall make a CEQA Determination on the PROJECT and file the necessary environmental document with the county clerk and complete all public notifications and hearings.
3. City of Fontana agrees to be the Lead Agency for addressing legal challenges to the environmental document.
4. City of Fontana will procure the necessary professional services to establish a project team to supplement the team as warranted for the PROJECT.
5. City of Fontana shall execute appropriate agreements to facilitate and coordinate the completion of the PROJECT.
6. City of Fontana shall procure and manage a qualified contractor to complete the construction of the PROJECT improvements.
7. City of Fontana shall designate a Project Manager to represent City of Fontana through whom all communications between the PARTIES shall be channeled.
8. City of Fontana shall provide the City of Rialto with a proposed project schedule to complete the PROJECT.
9. City of Fontana shall coordinate and conduct project development team meetings on a monthly basis to provide the City of Rialto with a PROJECT update that includes schedule updates, PROJECT cost updates, scope updates, status of action items, and status of issues/concerns.
10. City of Fontana agrees to have the Plans, Specifications, and Estimates (PS&E) documents and drawings of civil and any other engineering features of PROJECT prepared by or under the direction of engineers registered and licensed in the applicable professional field in the State of California. Any engineering reports, and each sheet of plans and specifications for PROJECT shall bear the professional seal, certificate number, registration classification, and signature of the professional engineer responsible for their preparation.
11. The construction of the PROJECT shall be performed in accordance with PARTIES’ standards and practices. The construction bid package will be based on the following standards but are not limited to:
a. Standard Specifications for Public Works Construction (Greenbook) b. Standard Plans for Public Works Construction
64
c. City of Fontana Special Provisions
d. City of Fontana Standard Plans
e. AASHTO Geometric Design of Highways and Streets and other AASHTO Standards
f. Other applicable standard plans and specifications
12. All work performed by City of Fontana or performed on City of Fontana’s behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that apply to the PROJECT.
13. City of Fontana shall make all PROJECT work performed by City of Fontana available for review and comment by the City of Rialto and City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree to in writing which comments shall be incorporated into the PROJECT.
14. City of Fontana and its consultants and contractors shall apply for encroachment permits, the issuance of which shall not be unreasonably withheld, authorizing entry onto City of Rialto right of way to perform design and construction activities, including surveying and geotechnical borings, required by the PROJECT.
15. Except as provided herein, City of Fontana agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies.
All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost.
16. City of Fontana agrees to identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary, their relocation.
SECTION II
CITY OF RIALTO RESPONSIBILITIES:
1. City of Rialto shall designate a Project Manager to represent City of Rialto through whom all communications between the PARTIES shall be channeled.
2. City of Rialto’s Project Manager shall be responsible for distributing PROJECT submittals for review and comment to the City of Rialto departments that are responsible for streets, sewers, water, drainage, traffic, land development, and planning
3. City of Rialto shall review and comment on all PROJECT work performed by City of Fontana. City of Rialto’s Project Manager shall transmit all review comments to City of Fontana within 20 working days after the submittal is received by the City of Rialto.
If comments are not provided by the 20th working day, the submittals will be deemed approved by City of Rialto and the City of Fontana shall notify the City of Rialto of its intention to move forward with PROJECT execution. The City of Rialto agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT related submittals requiring City of Rialto review and comment. City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree in writing to which comments shall be incorporated into the PROJECT.
65
4. City of Rialto agrees its Project Manager shall be responsible for preparing City of Rialto staff reports for city council consideration and City of Fontana agrees to provide supporting documentation for the staff reports.
5. City of Rialto agrees to exempt City of Fontana of City of Rialto plan check fees for submittal reviews.
6. City of Rialto agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the City of Fontana to perform investigative and construction activities required by the PROJECT.
7. City of Rialto agrees to provide at no cost to City of Fontana existing improvement plans (record drawings), and the Rialto standard plans and specifications.
8. City of Rialto agrees to provide City of Fontana copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs.
9. City of Rialto agrees it will invoke its franchise/utility agreements and have its prior rights imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. The City of Rialto will formally inform the utilities of the City of Rialto’s prior rights and request the relocation of utilities pursuant to the franchise/utility agreements.
10. City of Rialto agrees to enter into new maintenance agreements for the Baseline Avenue at Palmetto Avenue Traffic Signal Project, detailing the improvements associated with this PROJECT and the roles and responsibilities pertaining to ongoing maintenance of the improvements.
SECTION III
IT IS MUTUALLY AGREED:
1. The recitals set forth above are true and correct and are incorporated into this AGREEMENT as though fully set forth herein.
2. The PARTIES agree to mutually cooperate in order to help ensure that the PROJECT is successfully completed with minimum impact to both PARTIES, and the public.
3. The total estimated costs (“PROJECT” costs) are estimated at nine hundred eighty thousand and three hundred sixty-five dollars ($980,365) as detailed in Attachment A.
These PROJECT costs shall include: Engineering and Design Services, Right of Way, Utility, Construction, Construction Contingency, and Construction Engineering.
4. City of Rialto agrees to reimburse City of Fontana for 25% of engineering and design services cost, 25% of utility cost, 25% of construction cost, 25% of construction contingency, and 25% of construction engineering up to a total of two hundred thirty- six thousand and three hundred forty-one dollars ($236,341) using City of Rialto funds. 66
5. City of Fontana will request City of Rialto approval prior to executing a construction contract if PROJECT expenses are estimated to exceed the total estimated costs set forth in paragraph 3 above of this Section III and further delineated on Attachments A, based on construction bids received.
6. PARTIES agree the cost estimates included in Attachment A are “estimates” and are subject to change, and as a result, PARTIES agree that the stipulated costs are “estimates” to be used for budgetary and planning purposes and it is understood that there is a potential for cost increases or decreases. The City of Rialto agrees to reimburse City of Fontana for all costs in accordance with the AGREEMENT.
7. If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, City of Fontana may award the contracts necessary for the completion of the PROJECT and notwithstanding any provision herein to the contrary, City of Rialto and City of Fontana shall pay for the PROJECT costs as provided by this Agreement.
8. If, upon opening bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, City of Fontana shall not award any contracts for the PROJECT. Rather, City of Fontana and City of Rialto shall endeavor to agree upon an alternative course of action, including obtaining the necessary budget amendment for the completion of the project or the rebidding of the PROJECT.
9. City of Fontana shall invoice the City of Rialto on a monthly basis for reimbursement on PROJECT expenditures and costs.
10. City of Rialto agrees to pay City of Fontana’s undisputed invoices within 45 days of receipt of invoice.
11. In the event that change orders are required during the course of the PROJECT, copies of the change orders shall be delivered to City of Rialto within 2 business days of issuance by City of Fontana. City of Fontana shall not unreasonably withhold approval of change orders.
12. Neither City of Fontana nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City of Rialto under or in connection with any work, City of Rialto or jurisdiction delegated to City of Rialto under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Rialto shall fully defend, indemnify and save harmless City of Fontana its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Rialto under or in connection with any obligation, work, authority or jurisdiction delegated to City of Rialto under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Rialto pursuant to Government Code Section 895.6.
13. Neither City of Rialto nor any officer, director, member, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of 67
anything done or omitted to be done by City of Fontana under or in connection with any work, City of Fontana or jurisdiction delegated to City of Fontana under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Fontana shall fully defend, indemnify and save harmless City of Rialto its officers, directors, members, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Fontana under or in connection with any obligation work, authority or jurisdiction delegated to City of Fontana under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Fontana pursuant to Government Code Section 895.6.
14. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT . Should any claims arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend the termination date of this Agreement, until such time as the claims are settled, dismissed or paid.
15. Each PARTY warrants that it shall make its best efforts to perform all obligations assigned to it related to the PROJECT in such a manner as to allow the PROJECT to progress as scheduled.
16. City of Fontana is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
17. City of Rialto is a public entity with Professional Liability, General Liability and Automobile Liability policies of $10,000,000 each and Workers’ Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
18. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.
19. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.
20. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of 5 years from the later of; (a) the date on which this AGREEMENT terminates; or (b) the date on which such book or record was created.
21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the 68
remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.
22. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized to be executed by both PARTIES.
23. Unless otherwise specified herein, the PARTIES shall submit any unresolved dispute to their respective City Managers for negotiation. The PARTIES agree to undertake good faith attempts to resolve said dispute, claim, or controversy within 10 calendar days after the receipt of written notice from the PARTY alleging that a dispute, claim or controversy exists. The PARTIES additionally agree to cooperate with the other PARTY in scheduling negotiation sessions. However, if said matter is not resolved within 30 calendar days after conducting the first negotiating session, either PARTY may, but is not required to, request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the PARTIES.
24. If a matter is not resolved within 30 calendar days after the first negotiating session between the PARTIES, unless otherwise agreed upon in writing by the PARTIES, either PARTY may proceed with any other remedy available in law or in equity.
25. In the event of any litigation or claims arising from this AGREEMENT and/or PROJECT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 10 and 11 of this Section.
26. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
27. Any notice required or authorized to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing or email, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below.
28. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax, email or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph.
If to CITY: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attention: Jeffrey Kim
Engineering Manager
69
If to City of Rialto: City of Rialto
335 W. Rialto Ave
Rialto, CA 92376
Attention: Art Cervantes
Engineering Manager
29. The failure of performance by either PARTY (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other PARTY; acts or failure to act of any other public or governmental agency or entity (other than that acts or failure to act of the PARTIES); or any other causes beyond the control or without the fault of the PARTY claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the PARTY claiming such extension is sent to the other PARTY within 30 days of the commencement of the cause. Times of performance under this Cooperative Agreement may also be extended in writing by mutual agreement between the PARTIES.
30. No delay or omission in the exercise of any right or remedy of a non-defaulting PARTY on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either PARTY shall be deemed to waive or render unnecessary such PARTY’S consent to or approval of any subsequent act of the other PARTY. Any waiver by either PARTY of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
31. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this AGREEMENT, shall survive any such expiration or termination.
32. There are no third-party beneficiaries to this AGREEMENT.
33. This AGREEMENT contains the entire AGREEMENT of the PARTIES relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. Attachment A is attached to and incorporated into this AGREEMENT.
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[SIGNATURES ON THE FOLLOWING PAGE]
71
IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be entered into as of the date set forth above.
CITY OF FONTANA
By:________________________________
Matthew C. Ballantyne
City Manager
CITY OF RIALTO
By:_________________________________
Arron Brown
Acting City Manager
Attest:
By:________________________________
Germaine McClellan Key
City Clerk
Attest:
By:__________________________________
Barbara A. McGee, City Clerk
Approved as to form:
Best Best & Krieger LLP
City Attorney
Approved as to form and Procedure:
Eric Vail
Interim City Attorney
By:_____________________________
Phillip Burum, Deputy City Manager
Development Services Organization
By:_____________________________
Gia Lam Kim
Public Works Director/City Engineer
IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES
By:_____________________________
Rakesha Thomas, Director of
Human Resources and Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION
POLICIES/PROCEDURES
Jessica Brown
Chief Financial Officer
__________________________
Purchasing
72 Description Total
Engineering and Design * 75,365$ 56,524$ 75% 18,841$ 25% Right of Way 35,000 $ 35,000$ 100% - $ 0% Utility 30,000 $ 22,500$ 75% 7,500 $ 25% Construction 700,000 $ 525,000$ 75% 175,000$ 25% Construction Contingency (10%) 70,000$ 52,500$ 75% 17,500$ 25% Construction Engineering (Surveying
and Geotech) (10%) 70,000$ 52,500$ 75% 17,500$ 25% Total 980,365 $ 744,024$ 236,341 $ * Actual Engineering and Design Services Cost
City of Fontana City of Rialto
Attachment "A"
Estimated Project Cost
73
COOPERATIVE AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF RIALTO FOR THE COMPLETION OF CONSTRUCTION FOR THE BASELINE AVE AT PALMETTO
AVE TRAFFIC SIGNAL PROJECT
This Cooperative Agreement (“AGREEMENT”) is made and entered into on the day of 2023, by and between City of Rialto and the City of Fontana, sometimes individually or collectively hereinafter referred to as “PARTY” or “PARTIES.” This agreement defines the roles and responsibilities of City of Rialto and City of Fontana for the construction improvements of the BASELINE AVE AT PALMETTO AVE TRAFFIC SIGNAL PROJECT partially in the City of Fontana and partially within the City of Rialto, hereinafter referred to as the “PROJECT.”
RECITALS
WHEREAS, the PROJECT proposes to construct a new traffic signal at the intersection of Baseline Avenue and Palmetto Avenue; and
WHEREAS, PROJECT is partially within each city, and will be of mutual benefit to the PARTIES and this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership, operation, and maintenance of the existing and future improvements; and
WHEREAS, the City of Fontana has volunteered to complete the implementation of the PROJECT, including project management services, engineering design and construction services, procurement and management of a contractor, and coordination with utilities; and, WHEREAS, City of Rialto and City of Fontana desire to cooperate in the PROJECT; and WHEREAS the City of Fontana is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT and will complete and file the proper Categorical Exemption documentation to proceed with the PROJECT. The City of Rialto shall be identified as a Responsible Agency for purpose of CEQA compliance.
NOW, THEREFORE, City of Fontana and City of Rialto agree to the following:
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SECTION I
CITY OF FONTANA RESPONSIBILITIES:
1. City of Fontana shall render project management services and construction management services utilizing City of Fontana available staff which will be supplemented with consultants, hired at the City of Fontana’s discretion, that are specifically tasked for completing the PROJECT.
2. Under CEQA, the City of Fontana, as the Lead Agency, is the decision-making body and shall make a CEQA Determination on the PROJECT and file the necessary environmental document with the county clerk and complete all public notifications and hearings.
3. City of Fontana agrees to be the Lead Agency for addressing legal challenges to the environmental document.
4. City of Fontana will procure the necessary professional services to establish a project team to supplement the team as warranted for the PROJECT.
5. City of Fontana shall execute appropriate agreements to facilitate and coordinate the completion of the PROJECT.
6. City of Fontana shall procure and manage a qualified contractor to complete the construction of the PROJECT improvements.
7. City of Fontana shall designate a Project Manager to represent City of Fontana through whom all communications between the PARTIES shall be channeled.
8. City of Fontana shall provide the City of Rialto with a proposed project schedule to complete the PROJECT.
9. City of Fontana shall coordinate and conduct project development team meetings on a monthly basis to provide the City of Rialto with a PROJECT update that includes schedule updates, PROJECT cost updates, scope updates, status of action items, and status of issues/concerns.
10. City of Fontana agrees to have the Plans, Specifications, and Estimates (PS&E) documents and drawings of civil and any other engineering features of PROJECT prepared by or under the direction of engineers registered and licensed in the applicable professional field in the State of California. Any engineering reports, and each sheet of plans and specifications for PROJECT shall bear the professional seal, certificate number, registration classification, and signature of the professional engineer responsible for their preparation.
11. The construction of the PROJECT shall be performed in accordance with PARTIES’ standards and practices. The construction bid package will be based on the following standards but are not limited to:
a. Standard Specifications for Public Works Construction (Greenbook) b. Standard Plans for Public Works Construction
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c. City of Fontana Special Provisions
d. City of Fontana Standard Plans
e. AASHTO Geometric Design of Highways and Streets and other AASHTO Standards
f. Other applicable standard plans and specifications
12. All work performed by City of Fontana or performed on City of Fontana’s behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that apply to the PROJECT.
13. City of Fontana shall make all PROJECT work performed by City of Fontana available for review and comment by the City of Rialto and City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree to in writing which comments shall be incorporated into the PROJECT.
14. City of Fontana and its consultants and contractors shall apply for encroachment permits, the issuance of which shall not be unreasonably withheld, authorizing entry onto City of Rialto right of way to perform design and construction activities, including surveying and geotechnical borings, required by the PROJECT.
15. Except as provided herein, City of Fontana agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies.
All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost.
16. City of Fontana agrees to identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary, their relocation.
SECTION II
CITY OF RIALTO RESPONSIBILITIES:
1. City of Rialto shall designate a Project Manager to represent City of Rialto through whom all communications between the PARTIES shall be channeled.
2. City of Rialto’s Project Manager shall be responsible for distributing PROJECT submittals for review and comment to the City of Rialto departments that are responsible for streets, sewers, water, drainage, traffic, land development, and planning
3. City of Rialto shall review and comment on all PROJECT work performed by City of Fontana. City of Rialto’s Project Manager shall transmit all review comments to City of Fontana within 20 working days after the submittal is received by the City of Rialto.
If comments are not provided by the 20th working day, the submittals will be deemed approved by City of Rialto and the City of Fontana shall notify the City of Rialto of its intention to move forward with PROJECT execution. The City of Rialto agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT related submittals requiring City of Rialto review and comment. City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree in writing to which comments shall be incorporated into the PROJECT.
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4. City of Rialto agrees its Project Manager shall be responsible for preparing City of Rialto staff reports for city council consideration and City of Fontana agrees to provide supporting documentation for the staff reports.
5. City of Rialto agrees to exempt City of Fontana of City of Rialto plan check fees for submittal reviews.
6. City of Rialto agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the City of Fontana to perform investigative and construction activities required by the PROJECT.
7. City of Rialto agrees to provide at no cost to City of Fontana existing improvement plans (record drawings), and the Rialto standard plans and specifications.
8. City of Rialto agrees to provide City of Fontana copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs.
9. City of Rialto agrees it will invoke its franchise/utility agreements and have its prior rights imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. The City of Rialto will formally inform the utilities of the City of Rialto’s prior rights and request the relocation of utilities pursuant to the franchise/utility agreements.
10. City of Rialto agrees to enter into new maintenance agreements for the Baseline Avenue at Palmetto Avenue Traffic Signal Project, detailing the improvements associated with this PROJECT and the roles and responsibilities pertaining to ongoing maintenance of the improvements.
SECTION III
IT IS MUTUALLY AGREED:
1. The recitals set forth above are true and correct and are incorporated into this AGREEMENT as though fully set forth herein.
2. The PARTIES agree to mutually cooperate in order to help ensure that the PROJECT is successfully completed with minimum impact to both PARTIES, and the public.
3. The total estimated costs (“PROJECT” costs) are estimated at nine hundred eighty thousand and three hundred sixty-five dollars ($980,365) as detailed in Attachment A.
These PROJECT costs shall include: Engineering and Design Services, Right of Way, Utility, Construction, Construction Contingency, and Construction Engineering.
4. City of Rialto agrees to reimburse City of Fontana for 25% of engineering and design services cost, 25% of utility cost, 25% of construction cost, 25% of construction contingency, and 25% of construction engineering up to a total of two hundred thirty- six thousand and three hundred forty-one dollars ($236,341) using City of Rialto funds. 77
5. City of Fontana will request City of Rialto approval prior to executing a construction contract if PROJECT expenses are estimated to exceed the total estimated costs set forth in paragraph 3 above of this Section III and further delineated on Attachments A, based on construction bids received.
6. PARTIES agree the cost estimates included in Attachment A are “estimates” and are subject to change, and as a result, PARTIES agree that the stipulated costs are “estimates” to be used for budgetary and planning purposes and it is understood that there is a potential for cost increases or decreases. The City of Rialto agrees to reimburse City of Fontana for all costs in accordance with the AGREEMENT.
7. If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, City of Fontana may award the contracts necessary for the completion of the PROJECT and notwithstanding any provision herein to the contrary, City of Rialto and City of Fontana shall pay for the PROJECT costs as provided by this Agreement.
8. If, upon opening bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, City of Fontana shall not award any contracts for the PROJECT. Rather, City of Fontana and City of Rialto shall endeavor to agree upon an alternative course of action, including obtaining the necessary budget amendment for the completion of the project or the rebidding of the PROJECT.
9. City of Fontana shall invoice the City of Rialto on a monthly basis for reimbursement on PROJECT expenditures and costs.
10. City of Rialto agrees to pay City of Fontana’s undisputed invoices within 45 days of receipt of invoice.
11. In the event that change orders are required during the course of the PROJECT, copies of the change orders shall be delivered to City of Rialto within 2 business days of issuance by City of Fontana. City of Fontana shall not unreasonably withhold approval of change orders.
12. Neither City of Fontana nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City of Rialto under or in connection with any work, City of Rialto or jurisdiction delegated to City of Rialto under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Rialto shall fully defend, indemnify and save harmless City of Fontana its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Rialto under or in connection with any obligation, work, authority or jurisdiction delegated to City of Rialto under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Rialto pursuant to Government Code Section 895.6.
13. Neither City of Rialto nor any officer, director, member, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of 78
anything done or omitted to be done by City of Fontana under or in connection with any work, City of Fontana or jurisdiction delegated to City of Fontana under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Fontana shall fully defend, indemnify and save harmless City of Rialto its officers, directors, members, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Fontana under or in connection with any obligation work, authority or jurisdiction delegated to City of Fontana under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Fontana pursuant to Government Code Section 895.6.
14. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT . Should any claims arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend the termination date of this Agreement, until such time as the claims are settled, dismissed or paid.
15. Each PARTY warrants that it shall make its best efforts to perform all obligations assigned to it related to the PROJECT in such a manner as to allow the PROJECT to progress as scheduled.
16. City of Fontana is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
17. City of Rialto is a public entity with Professional Liability, General Liability and Automobile Liability policies of $10,000,000 each and Workers’ Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
18. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.
19. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.
20. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of 5 years from the later of; (a) the date on which this AGREEMENT terminates; or (b) the date on which such book or record was created.
21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the 79
remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.
22. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized to be executed by both PARTIES.
23. Unless otherwise specified herein, the PARTIES shall submit any unresolved dispute to their respective City Managers for negotiation. The PARTIES agree to undertake good faith attempts to resolve said dispute, claim, or controversy within 10 calendar days after the receipt of written notice from the PARTY alleging that a dispute, claim or controversy exists. The PARTIES additionally agree to cooperate with the other PARTY in scheduling negotiation sessions. However, if said matter is not resolved within 30 calendar days after conducting the first negotiating session, either PARTY may, but is not required to, request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the PARTIES.
24. If a matter is not resolved within 30 calendar days after the first negotiating session between the PARTIES, unless otherwise agreed upon in writing by the PARTIES, either PARTY may proceed with any other remedy available in law or in equity.
25. In the event of any litigation or claims arising from this AGREEMENT and/or PROJECT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 10 and 11 of this Section.
26. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
27. Any notice required or authorized to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing or email, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below.
28. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax, email or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph.
If to CITY: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attention: Jeffrey Kim
Engineering Manager
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If to City of Rialto: City of Rialto
335 W. Rialto Ave
Rialto, CA 92376
Attention: Art Cervantes
Engineering Manager
29. The failure of performance by either PARTY (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other PARTY; acts or failure to act of any other public or governmental agency or entity (other than that acts or failure to act of the PARTIES); or any other causes beyond the control or without the fault of the PARTY claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the PARTY claiming such extension is sent to the other PARTY within 30 days of the commencement of the cause. Times of performance under this Cooperative Agreement may also be extended in writing by mutual agreement between the PARTIES.
30. No delay or omission in the exercise of any right or remedy of a non-defaulting PARTY on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either PARTY shall be deemed to waive or render unnecessary such PARTY’S consent to or approval of any subsequent act of the other PARTY. Any waiver by either PARTY of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
31. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this AGREEMENT, shall survive any such expiration or termination.
32. There are no third-party beneficiaries to this AGREEMENT.
33. This AGREEMENT contains the entire AGREEMENT of the PARTIES relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. Attachment A is attached to and incorporated into this AGREEMENT.
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[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be entered into as of the date set forth above.
CITY OF FONTANA
By:________________________________
Matthew C. Ballantyne
City Manager
CITY OF RIALTO
By:_________________________________
Arron Brown
Acting City Manager
Attest:
By:________________________________
Germaine McClellan Key
City Clerk
Attest:
By:__________________________________
Barbara A. McGee, City Clerk
Approved as to form:
Best Best & Krieger LLP
City Attorney
Approved as to form and Procedure:
Eric Vail
Interim City Attorney
By:_____________________________
Phillip Burum, Deputy City Manager
Development Services Organization
By:_____________________________
Gia Lam Kim
Public Works Director/City Engineer
IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES
By:_____________________________
Rakesha Thomas, Director of
Human Resources and Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION
POLICIES/PROCEDURES
Jessica Brown
Chief Financial Officer
__________________________
Purchasing
83 Description Total
Engineering and Design * 75,365$ 56,524$ 75% 18,841$ 25% Right of Way 35,000 $ 35,000$ 100% - $ 0% Utility 30,000 $ 22,500$ 75% 7,500 $ 25% Construction 700,000 $ 525,000$ 75% 175,000$ 25% Construction Contingency (10%) 70,000$ 52,500$ 75% 17,500$ 25% Construction Engineering (Surveying
and Geotech) (10%) 70,000$ 52,500$ 75% 17,500$ 25% Total 980,365 $ 744,024$ 236,341 $ * Actual Engineering and Design Services Cost
City of Fontana City of Rialto
Attachment "A"
Estimated Project Cost
84 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2031 Agenda Date: 3/14/2023
Agenda #: F. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve a Cooperative Agreement with the City of Rialto for Construction of the Sierra Avenue at Riverside Avenue Traffic Signal Project
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of the Sierra Avenue at Riverside Avenue Traffic Signal Project.
2. Accept outside Agency contribution of $120,000.00 for Project No. 3329 - Sierra Avenue at Riverside Avenue Traffic Signal Project.
3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Sierra Avenue at Riverside Avenue Traffic Signal Project.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’sapproved Capital Improvement Program budget includes the Sierra Avenue at Riverside Avenue Traffic Signal Project. The proposed improvements include construction of a new traffic signal at the intersection of Sierra Avenue at Riverside Avenue. The implementation of a signal at this intersection will improve the flow of the traffic and enhance safety. Roadway widening, signage, and striping will also be improved with this project.
The intersection is located at the City of Fontana and City of Rialto border with the north-east quadrant in the City of Rialto’sjurisdiction, whereas all three other quadrants are within the City of Fontana’s.
The cooperative agreement will define the financial responsibilities for both the City of Fontana and the City of Rialto for the construction of the Project. The City of Fontana will be the lead agency for the design and engineering, right of way, utility coordination, and construction of the Project. The total capital project cost is estimated at $1,800,000. The City of Rialto will reimburse the City of Fontana City of Fontana Printed on 3/9/2023Page 1 of 2
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85 File #: 21-2031 Agenda Date: 3/14/2023
Agenda #: F. Category: Consent Calendar
capital project cost is estimated at $1,800,000. The City of Rialto will reimburse the City of Fontana for 25% of the construction cost for the traffic signal and 6.7% of construction contingency and construction engineering, a total cost up to $120,000.00. The agreement will be approved in counterpart by the City of Rialto on March 14, 2023. The Project is expected to start construction in late 2023.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is the increase in revenue and expenditures in Capital Improvement Fund #602, Project No. 36003329-246-A-8329 by $120,000.00.
City of Fontana’s share of the project in the amount of $1,680,000.00 is not fully included in the FY 2022/2023 budget and additional budget request will be submitted in the next quarterly budget report and will be funded through Local Measure I Fund (Fund 246) in Project No. 36003329-246-A-8329 - Sierra Avenue at Riverside Avenue Traffic Signal Project.
MOTION:
Approve Staff recommendation
City of Fontana Printed on 3/9/2023Page 2 of 2
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COOPERATIVE AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF RIALTO FOR THE COMPLETION OF CONSTRUCTION FOR THE SIERRA AVE AT RIVERSIDE AVE
TRAFFIC SIGNAL PROJECT
This Cooperative Agreement (“AGREEMENT”) is made and entered into on the day of 2023, by and between City of Rialto and the City of Fontana, sometimes individually or collectively hereinafter referred to as “PARTY” or “PARTIES.” This agreement defines the roles and responsibilities of City of Rialto and City of Fontana for the construction improvements of the SIERRA AVE AT RIVERSIDE AVE TRAFFIC SIGNAL PROJECT partially in the City of Fontana and partially within the City of Rialto, hereinafter referred to as the “PROJECT.”
RECITALS
WHEREAS, the PROJECT proposes to construct a new traffic signal at the intersection of Sierra Avenue and Riverside Avenue; and
WHEREAS, PROJECT is partially within each city, and will be of mutual benefit to the PARTIES and this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership, operation and maintenance of the existing and future improvements; and
WHEREAS, the City of Fontana has volunteered to complete the implementation of the PROJECT, including project management services, engineering design and construction services, procurement and management of a contractor, and coordination with utilities; and, WHEREAS, City of Rialto and City of Fontana desire to cooperate in the PROJECT; and WHEREAS the City of Fontana is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT and will complete and file the proper Categorical Exemption documentation to proceed with the PROJECT. The City of Rialto shall be identified as a Responsible Agency for purpose of CEQA compliance.
NOW, THEREFORE, City of Fontana and City of Rialto agree to the following:
SECTION I
CITY OF FONTANA RESPONSIBILITIES:
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1. City of Fontana shall render project management services and construction management services utilizing City of Fontana available staff which will be supplemented with consultants, hired at the City of Fontana’s discretion, that are specifically tasked for completing the PROJECT.
2. Under CEQA, the City of Fontana, as the Lead Agency, is the decision-making body and shall make a CEQA Determination on the PROJECT and file the necessary environmental document with the county clerk and complete all public notifications and hearings.
3. City of Fontana agrees to be the Lead Agency for addressing legal challenges to the environmental document.
4. City of Fontana will procure the necessary professional services to establish a project team to supplement the team as warranted for the PROJECT.
5. City of Fontana shall execute appropriate agreements to facilitate and coordinate the completion of the PROJECT.
6. City of Fontana shall procure and manage a qualified contractor to complete the construction of the PROJECT improvements.
7. City of Fontana shall designate a Project Manager to represent City of Fontana through whom all communications between the PARTIES shall be channeled.
8. City of Fontana shall provide the City of Rialto with a proposed project schedule to complete the PROJECT.
9. City of Fontana shall coordinate and conduct project development team meetings on a monthly basis to provide the City of Rialto with a PROJECT update that includes schedule updates, PROJECT cost updates, scope updates, status of action items, and status of issues/concerns.
10. City of Fontana agrees to have the Plans, Specifications, and Estimates (PS&E) documents and drawings of civil and any other engineering features of PROJECT prepared by or under the direction of engineers registered and licensed in the applicable professional field in the State of California. Any engineering reports, and each sheet of plans and specifications for PROJECT shall bear the professional seal, certificate number, registration classification, and signature of the professional engineer responsible for their preparation.
11. The construction of the PROJECT shall be performed in accordance with PARTIES’ standards and practices. The construction bid package will be based on the following standards but are not limited to:
a. Standard Specifications for Public Works Construction (Greenbook) b. Standard Plans for Public Works Construction
c. City of Fontana Special Provisions
d. City of Fontana Standard Plans
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e. AASHTO Geometric Design of Highways and Streets and other AASHTO Standards
f. Other applicable standard plans and specifications
12. All work performed by City of Fontana or performed on City of Fontana’s behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that apply to the PROJECT.
13. City of Fontana shall make all PROJECT work performed by City of Fontana available for review and comment by the City of Rialto and City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree in writing to which comments shall be incorporated into the PROJECT.
14. City of Fontana and its consultants and contractors shall apply for encroachment permits, the issuance of which shall not be unreasonably withheld, authorizing entry onto City of Rialto rights-of-way to perform design and construction activities, including surveying and geotechnical borings, required by the PROJECT.
15. Except as provided herein, City of Fontana agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies.
All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost.
16. City of Fontana agrees to identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary their relocation.
SECTION II
CITY OF RIALTO RESPONSIBILITIES:
1. City of Rialto shall designate a Project Manager to represent City of Rialto through whom all communications between the PARTIES shall be channeled.
2. City of Rialto’s Project Manager shall be responsible for distributing PROJECT submittals for review and comment to the City of Rialto departments that are responsible for streets, sewers, water, drainage, traffic, land development, and planning.
3. City of Rialto shall review and comment on all PROJECT work performed by City of Fontana. City of Rialto’s Project Manager shall transmit all review comments to City of Fontana within 20 working days after the submittal is received by the City of Rialto.
If comments are not provided by the 20th working day, the submittals will be deemed approved by City of Rialto and the City of Fontana shall notify the City of Rialto of its intention to move forward with PROJECT execution. The City of Rialto agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT related submittals requiring City of Rialto review and comment. City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree in writing to which comments shall be incorporated into the PROJECT.
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4. City of Rialto agrees its Project Manager shall be responsible for preparing City of Rialto staff reports for city council consideration and City of Fontana agrees to provide supporting documentation for the staff reports.
5. City of Rialto agrees to exempt City of Fontana of City of Rialto plan check fees for submittal reviews.
6. City of Rialto agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the City of Fontana to perform investigative and construction activities required by the PROJECT.
7. City of Rialto agrees to provide at no cost to City of Fontana existing improvement plans (record drawings), and the Rialto standard plans and specifications.
8. City of Rialto agrees to provide City of Fontana copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs.
9. City of Rialto agrees it will invoke its franchise/utility agreements and have its prior rights imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. The City of Rialto will formally inform the utilities of the City of Rialto’s prior rights and request the relocation of utilities pursuant to the franchise/utility agreements.
10. City of Rialto agrees to enter into new maintenance agreements for the Sierra Avenue at Riverside Avenue Traffic Signal Project, detailing the improvements associated with this PROJECT and the roles and responsibilities pertaining to ongoing maintenance of the crossings.
SECTION III
IT IS MUTUALLY AGREED:
1. The recitals set forth above are true and correct and are incorporated into this AGREEMENT as though fully set forth herein.
2. The PARTIES agree to mutually cooperate in order to help ensure that the PROJECT is successfully completed with minimum impact to both PARTIES, and the public.
3. The total estimated costs (“PROJECT” costs) are estimated at; one million and eight hundred thousand dollars ($1,800,000) as detailed in Attachment A. These PROJECT COSTS shall include: construction, construction contingency, and construction engineering
4. City of Rialto agrees to reimburse City of Fontana for 25% of traffic signal construction cost, 6.7% of construction contingency and 6.7% of construction engineering up to a total of one hundred twenty thousand dollars ($120,000) using City of Rialto funds.
5. City of Fontana will request City of Rialto approval prior to executing a construction contract if PROJECT expenses are estimated to exceed the total estimated costs set 90
forth in paragraph 3 above of this Section III and further delineated on Attachments A, based on construction bids received.
6. PARTIES agree the cost estimates included in Attachment A are “estimates” and are subject to change, and as a result, PARTIES agree that the stipulated costs are “estimates” to be used for budgetary and planning purposes and it is understood that there is a potential for cost increases or decreases. The City of Rialto agrees to reimburse City of Fontana for all costs in accordance with the AGREEMENT.
7. If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, City of Fontana may award the necessary contracts for the completion of the PROJECT and notwithstanding any provision herein to the contrary, City of Rialto and City of Fontana shall pay for the PROJECT costs as provided by this Agreement.
8. If, upon opening bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, City of Fontana shall not award any contracts for the PROJECT. Rather, City of Fontana and City of Rialto shall endeavor to agree upon an alternative course of action, including obtaining the necessary budget amendment for the completion of the project or the rebidding of the PROJECT.
9. City of Fontana shall invoice the City of Rialto on a monthly basis for reimbursement on PROJECT expenditures and costs.
10. City of Rialto agrees to pay City of Fontana’s undisputed invoices within 45 days of receipt of invoice.
11. In the event that change orders are required during the course of the PROJECT, copies of the change orders shall be delivered to City of Rialto within 2 business days of issuance by City of Fontana. The City of Fontana shall not unreasonably withhold approval of change orders.
12. Neither City of Fontana nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City of Rialto under or in connection with any work, City of Rialto or jurisdiction delegated to City of Rialto under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Rialto shall fully defend, indemnify and save harmless City of Fontana its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Rialto under or in connection with any obligation, work, authority or jurisdiction delegated to City of Rialto under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Rialto pursuant to Government Code Section 895.6.
13. Neither City of Rialto nor any officer, director, member, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City of Fontana under or in connection with any work, City of Fontana or jurisdiction delegated to City of Fontana under this 91
AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Fontana shall fully defend, indemnify and save harmless City of Rialto its officers, directors, members, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Fontana under or in connection with any obligation work, authority or jurisdiction delegated to City of Fontana under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Fontana pursuant to Government Code Section 895.6.
14. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT . Should any claims arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend the termination date of this Agreement, until such time as the claims are settled, dismissed or paid.
15. Each PARTY warrants that it shall make its best efforts to perform all obligations assigned to it related to the PROJECT in such a manner as to allow the PROJECT to progress as scheduled.
16. City of Fontana is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
17. City of Rialto is a public entity with Professional Liability, General Liability and Automobile Liability policies of $10,000,000 each and Workers’ Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
18. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.
19. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.
20. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of 5 years from the later of; (a) the date on which this AGREEMENT terminates; or (b) the date on which such book or record was created.
21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.
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22. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized to be executed by both PARTIES.
23. Unless otherwise specified herein, the PARTIES shall submit any unresolved dispute to their respective City Managers for negotiation. The PARTIES agree to undertake good faith attempts to resolve said dispute, claim, or controversy within 10 calendar days after the receipt of written notice from the PARTY alleging that a dispute, claim or controversy exists. The PARTIES additionally agree to cooperate with the other PARTY in scheduling negotiation sessions. However, if said matter is not resolved within 30 calendar days after conducting the first negotiating session, either PARTY may, but is not required to, request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the PARTIES.
24. If a matter is not resolved within 30 calendar days after the first negotiating session between the PARTIES, unless otherwise agreed upon in writing by the PARTIES, either PARTY may proceed with any other remedy available in law or in equity.
25. In the event of any litigation or claims arising from this AGREEMENT and/or PROJECT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 10 and 11 of this Section.
26. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
27. Any notice required or authorized to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing or email, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below.
28. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax, email or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph.
If to CITY: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attention: Jeffrey Kim
Engineering Manager
If to City of Rialto: City of Rialto
335 W. Rialto Ave
Rialto, CA 92376
Attention: Art Cervantes
Engineering Manger
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29. The failure of performance by either PARTY (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other PARTY; acts or failure to act of any other public or governmental agency or entity (other than that acts or failure to act of the PARTIES); or any other causes beyond the control or without the fault of the PARTY claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the PARTY claiming such extension is sent to the other PARTY within 30 days of the commencement of the cause. Times of performance under this Cooperative Agreement may also be extended in writing by mutual agreement between the PARTIES.
30. No delay or omission in the exercise of any right or remedy of a non-defaulting PARTY on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either PARTY shall be deemed to waive or render unnecessary such PARTY’S consent to or approval of any subsequent act of the other PARTY. Any waiver by either PARTY of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
31. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this AGREEMENT, shall survive any such expiration or termination.
32. There are no third-party beneficiaries to this AGREEMENT.
33. This AGREEMENT contains the entire AGREEMENT of the PARTIES relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. Attachment A is attached to and incorporated into this AGREEMENT.
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IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be entered into as of the date set forth above.
CITY OF FONTANA
By:________________________________
Matthew C. Ballantyne
City Manager
CITY OF RIALTO
By:_________________________________
Arron Brown
Acting City Manager
Attest:
By:________________________________
Germain McClellan Key, City Clerk
Attest:
By:__________________________________
Barbara A. McGee, City Clerk
Approved as to form:
Best Best & Krieger LLP
City Attorney
Approved as to form and Procedure:
Eric Vail
Interim City Attorney
By:_____________________________
Philip Burum, Deputy City Manager
Development Services Organization
By:_____________________________
Gia Lam Kim
Director of Engineering/City Engineer
IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES
By:_____________________________
Rakesha L. Thomas, Director of
Human Resources and Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION
POLICIES/PROCEDURES
Jessica Brown
Chief Financial Officer
__________________________
Purchasing
95 Description Total
Roadway Improvement 1,100,000 $ 1,100,000$ 100% - $ 0% Traffic Signal 400,000 $ 300,000$ 75% 100,000$ 25% Construction Subtotal 1,500,000 $ 1,400,000$ 93.3% 100,000$ 6.7% Construction Contingency (10%) 150,000$ 140,000$ 93.3% 10,000$ 6.7% Construction Total 1,650,000 $ 1,540,000$ 93.3% 110,000$ 6.7% Construction Engineering (Surveying,
Geotech, Utilities) 150,000$ 140,000$ 93.3% 10,000$ 6.7% Total 1,680,000 $ 120,000 $
Total Project Cost 1,800,000$
City of Fontana City of Rialto
Attachment "A"
Estimate of Cost
96 N01 inch = 600 feet1200600PROJECT LOCATION
SIERRA AVENUE AND RIVERSIDE AVENUETRAFFIC SIGNAL PROJECT 97 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2032 Agenda Date: 3/14/2023
Agenda #: G. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve a Cooperative Agreement with the City of Rialto for the Pavement Rehabilitation Project on Maple Avenue between Baseline Avenue and Miller Avenue
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a Cooperative Agreement for the Pavement Rehabilitation Project on Maple Avenue between Baseline Avenue and Miller Avenue
2. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Pavement Rehabilitation Project on Maple Avenue between Baseline Avenue and Miller Avenue.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.
DISCUSSION:
The City of Rialto initiated a pavement rehabilitation project at various streets within the City of Rialto.
One of the streets is Maple Avenue between Baseline Avenue and Miller Avenue where west half of the street is within the City of Fontana’sjurisdiction. In November 2022, the City of Rialto contacted the City of Fontana’s Engineering Department to request for project funding participation.
Engineering staff performed pavement condition evaluation and determined that the street segment will benefit from the proposed rehabilitation project.
The cooperative agreement will define the financial responsibilities for both the City of Fontana and the City of Rialto for the construction of the Project. The City of Rialto will be the lead agency for the design and engineering, utility coordination, and construction of the Project. The total construction cost for the entire project is $18,155,605.28. The City of Fontana will reimburse the City of Fontana’s portion of the construction cost, up to $233,399.00. On February 28, 2023, Council approved Fiscal Year 2022/2023 second quarter budget adjustments which include the Pavement Rehabilitation Project on Maple Avenue between Baseline Avenue and Miller Avenue. The agreement will be City of Fontana Printed on 3/9/2023Page 1 of 2
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98 File #: 21-2032 Agenda Date: 3/14/2023
Agenda #: G. Category: Consent Calendar
approved in counterpart by the City of Rialto on March 14, 2023.
The Project is currently in construction and expected to be completed in November 2023. The City of Fontana’s portion, Maple Avenue, is expected to be completed in April 2023.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $233,399.00 and is included in the 2022 -23 budget in Project Number 36000053-246-A-8329.
MOTION:
Approve staff recommendation
City of Fontana Printed on 3/9/2023Page 2 of 2
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COOPERATIVE AGREEMENT BETWEEN THE CITY OF FONTANA AND THE CITY OF RIALTO FOR THE COMPLETION OF CONSTRUCTION IMPROVEMENTS
FOR THE MAPLE AVE (FROM BASELINE ROAD TO MILLER
AVENUE/ETIWANDA AVENUE)
STREET OVERLAY AND RECONSTRUCTION PROJECT
This Cooperative Agreement (“AGREEMENT”) is made and entered into on the _____ day of _________________2023, by and between City of Fontana and the City of Rialto, sometimes individually or collectively hereinafter referred to as “PARTY” or “PARTIES.” This agreement defines the roles and responsibilities of City of Fontana and City of Rialto for the construction improvements of the MAPLE AVENUE FROM BASELINE ROAD TO MILLER
AVENUE/ETIWANDA AVENUE STREET OVERLAY AND RECONSTRUCTION PROJECT partially in the City of Fontana and partially within the City of Rialto, hereinafter referred to as the “PROJECT.”
RECITALS
WHEREAS, the PROJECT encompasses the construction of a new asphalt pavement section on Maple Avenue from Baseline Road to Etiwanda Avenue; and WHEREAS, PROJECT is partially within each city, and will be of mutual benefit to the PARTIES and this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership, operation and maintenance of the existing and future improvements; and
WHEREAS, the City of Rialto has completed the engineering design, coordination with utilities, and procurement and management of a contractor; and WHEREAS, City of Rialto and City of Fontana desire to cooperate in the construction of the PROJECT; and
WHEREAS the City of Rialto is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT and will complete and file the proper Categorical Exemption documentation to proceed with the PROJECT. The City of Fontana shall be identified as a Responsible Agency for purposes of CEQA compliance.
NOW, THEREFORE, City of Fontana and City of Rialto agree to the following:
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SECTION I
CITY OF RIALTO RESPONSIBILITIES:
1. City of Rialto shall render project management services and provide engineering support services utilizing City of Rialto available staff which will be supplemented with consultants that are specifically tasked for completing the PROJECT.
2. Under CEQA, the City of Rialto, as the Lead Agency, is the decision-making body and shall make a CEQA Determination on the PROJECT and file the necessary environmental documents with the county clerk and complete all public notifications and hearings.
3. City of Rialto shall be the Lead Agency for addressing legal challenges to the environmental document.
4. City of Rialto will procure the necessary professional services to establish a project team to supplement the team as warranted for the PROJECT.
5. City of Rialto shall execute appropriate agreements to facilitate and coordinate the completion of the PROJECT.
6. City of Rialto shall procure and manage a qualified contractor to complete the construction of the PROJECT improvements.
7. City of Rialto shall designate a Project Manager to represent City of Rialto through whom all communications between the PARTIES shall be channeled.
8. City of Rialto shall provide the City of Fontana with a proposed project schedule to complete the PROJECT.
9. City of Rialto shall coordinate and conduct construction meetings on a monthly basis to provide the City of Fontana with a PROJECT update that includes schedule updates, PROJECT cost updates, scope updates, status of action items, and status of issues/concerns.
10. All work performed by City of Rialto or performed on City of Rialto’s behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that apply to the PROJECT.
11. City of Rialto shall make all PROJECT work performed by City of Rialto available for review and comment by the City of Fontana and City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree in writing to which comments shall be incorporated into the PROJECT.
12. City of Rialto and its consultants and contractors shall apply for encroachment permits , the issuance of which shall not be unreasonably withheld, authorizing entry onto City of Fontana right of way to perform construction activities, including surveying and geotechnical borings, required by the PROJECT.
13. Except as provided herein, City of Rialto agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies. 101
All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost.
14. City of Rialto agrees to identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary, their relocation.
SECTION II
CITY OF FONTANA RESPONSIBILITIES:
1. City of Fontana shall designate a Project Manager to represent City of Fontana through whom all communications between the PARTIES shall be channeled.
2. City of Fontana’s Project Manager shall be responsible for distributing PROJECT submittals for review and comment to the City of Fontana’s departments that are responsible for streets, sewers, water, drainage, traffic, land development, and planning.
3. City of Fontana shall review and comment on all PROJECT work performed by City of Rialto. City of Fontana’s Project Manager shall transmit all review comments to City of Rialto within 20 working days after the submittal is received by the City of Fontana.
If comments are not provided by the 20th working day, the submittals will be deemed approved by City of Fontana and the City of Rialto shall notify the City of Fontana of its intention to move forward with PROJECT execution. The City of Fontana agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT related submittals requiring City of Fontana review and comment. City of Fontana and City of Rialto shall review all comments received by the PROJECT and mutually agree in writing to which comments shall be incorporated into the PROJECT.
4. City of Fontana agrees its Project Manager shall be responsible for preparing City of Fontana staff reports for city council consideration and City of Rialto agrees to provide supporting documentation for the staff reports.
5. City of Fontana agrees to exempt City of Rialto of City of Fontana plan check fees for submittal reviews.
6. City of Fontana agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the City of Rialto to perform investigative and construction activities required by the PROJECT.
7. City of Fontana agrees to provide at no cost to City of Rialto existing improvement plans, and standard plans and specifications.
8. City of Fontana agrees to provide City of Rialto copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs.
9. City of Fontana agrees it will invoke its franchise/utility agreements and have its prior rights imposed on utilities if it is determined utilities are in conflict with the PROJECT 102
and require relocation. The City of Fontana will formally inform the utilities of the City or Fontana’s prior rights and request the relocation of utilities pursuant to the franchise/utility agreements.
10. City of Fontana agrees to enter into new maintenance agreements for the Maple Ave (from Baseline Road to Miller Avenue/Etiwanda Avenue) Street Overlay and Reconstruction, detailing the improvements associated with this PROJECT and the roles and responsibilities pertaining to ongoing maintenance of the crossings.
SECTION III
IT IS MUTUALLY AGREED:
1. The recitals set forth above are true and correct and are incorporated into this AGREEMENT as though fully set forth herein.
2. The PARTIES agree to mutually cooperate in order to help ensure that the PROJECT is successfully completed with minimum impact to both PARTIES, and the public.
3. The total estimated costs for City of Rialto’s Construction are estimated at; Eighteen million and one hundred fifty-five thousand and six hundred five dollars and twenty- eight cents ($18,155,605.28) as detailed in Attachment A. These PROJECT costs shall include: construction cost for pavement reconstruction of various streets
4. City of Fontana agrees to reimburse City of Rialto of PROJECT costs up to a total of $233,399.00 using City of Fontana funds.
5. City of Rialto will request City of Fontana approval prior to executing a construction contract if PROJECT expenses are estimated to exceed the total estimated costs set forth in paragraph 1 above of this Section III and further delineated on Attachments A, based on construction bids received.
6. PARTIES agree the cost estimates included in Attachment A are “estimates” and are subject to change, and as a result, PARTIES agree that the stipulated costs are “estimates” to be used for budgetary and planning purposes and it is understood that there is a potential for cost increases or decreases. The City of Fontana agrees to reimburse City of Rialto for all reasonable and undisputed costs in accordance with this AGREEMENT.
7. If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, City of Rialto may award the necessary contracts for the completion of the PROJECT and notwithstanding any provision herein to the contrary, City of Fontana and City of Rialto shall pay for the PROJECT costs as provided by this Agreement.
8. If, upon opening bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, City of Rialto shall not award any contracts for the 103
PROJECT. Rather, City of Fontana and City of Rialto shall endeavor to agree upon an alternative course of action, including rebidding of the PROJECT. If after 30 days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.
9. City of Rialto shall invoice the City of Fontana on a monthly basis for reimbursement on PROJECT expenditures and costs.
10. City of Fontana agrees to pay City of Rialto’s undisputed invoices within 45 days of receipt of invoice.
11. In the event that change orders are required during the course of the PROJECT, copies of the change orders shall be delivered to City of Fontana within 2 business days of issuance by City of Rialto. City of Rialto shall not unreasonably withhold approval of change orders.
12. Neither City of Fontana nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City of Rialto under or in connection with any work, City of Rialto or jurisdiction delegated to City of Rialto under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Rialto shall fully defend, indemnify and save harmless City of Fontana its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Rialto under or in connection with any obligation, work, authority or jurisdiction delegated to City of Rialto under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Fontana pursuant to Government Code Section 895.6.
13. Neither City of Rialto nor any officer, director, member, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City of Fontana under or in connection with any work, City of Fontana or jurisdiction delegated to City of Fontana under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, City of Fontana shall fully defend, indemnify and save harmless City of Rialto its officers, directors, members, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Fontana under or in connection with any obligation work, authority or jurisdiction delegated to City of Fontana under this AGREEMENT except for instances of negligence or intentional misconduct on behalf of City of Rialto pursuant to Government Code Section 895.6.
14. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT . Should any claims arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend the termination date of this Agreement, until such time as the claims are settled, dismissed or paid. 104
15. Each PARTY warrants that it shall make its best efforts to perform all obligations assigned to it related to the PROJECT in such a manner as to allow the PROJECT to progress as scheduled.
16. City of Fontana is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
17. City of Rialto is a public entity with Professional Liability, General Liability and Automobile Liability policies of $10,000,000 each and Workers’ Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
18. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.
19. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.
20. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of 5 years from the later of; (a) the date on which this AGREEMENT terminates; or (b) the date on which such book or record was created.
21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.
22. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized to be executed by both PARTIES.
23. Unless otherwise specified herein, the PARTIES shall submit any unresolved dispute to their respective City Managers for negotiation. The PARTIES agree to undertake good faith attempts to resolve said dispute, claim, or controversy within 10 calendar days after the receipt of written notice from the PARTY alleging that a dispute, claim or controversy exists. The PARTIES additionally agree to cooperate with the other PARTY in scheduling negotiation sessions. However, if said matter is not resolved within 30 calendar days after conducting the first negotiating session, either PARTY may, but is not required to, request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the PARTIES. 105
24. If a matter is not resolved within 30 calendar days after the first negotiating session between the PARTIES, unless otherwise agreed upon in writing by the PARTIES, either PARTY may proceed with any other remedy available in law or in equity.
25. In the event of any litigation or claims arising from this AGREEMENT and/or PROJECT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 10 and 11 of this Section.
26. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
27. Any notice required or authorized to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing or email, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below.
106
28. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax, email or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph.
If to CITY: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attention: Jeff Kim
Engineering Manager
If to City of Rialto: City of Rialto
150 S. Palm Avenue
Rialto, CA 92376
Attention: Art Cervantes
Engineering Manager
29. The failure of performance by either PARTY (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other PARTY; acts or failure to act of any other public or governmental agency or entity (other than that acts or failure to act of the PARTIES); or any other causes beyond the control or without the fault of the PARTY claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the PARTY claiming such extension is sent to the other PARTY within 30 days of the commencement of the cause. Times of performance under this Cooperative Agreement may also be extended in writing by mutual agreement between the PARTIES.
30. No delay or omission in the exercise of any right or remedy of a non-defaulting PARTY on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either PARTY shall be deemed to waive or render unnecessary such PARTY’S consent to or approval of any subsequent act of the other PARTY. Any waiver by either PARTY of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
31. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this AGREEMENT, shall survive any such expiration or termination.
107
32. There are no third-party beneficiaries to this AGREEMENT.
33. This AGREEMENT contains the entire AGREEMENT of the PARTIES relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. Attachment A is attached to and incorporated into this AGREEMENT.
108
[SIGNATURES ON THE FOLLOWING PAGE]
109
IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be entered into as of the date set forth above.
CITY OF FONTANA
By:________________________________
Matthew C. Ballantyne
City Manager
CITY OF RIALTO
By:_________________________________
Arron Brown
Acting City Manager
Attest:
By:________________________________
Germaine McClellan Key
City Clerk
Attest:
By:__________________________________
Barbara A. McGee, City Clerk
Approved as to form:
Best Best & Krieger LLP
City Attorney
Approved as to form and Procedure:
Eric Vail
Interim City Attorney
By:_____________________________
Phillip Burum, Deputy City Manager
Development Services Organization
By:_____________________________
Gia Lam Kim
Public Works Director/City Engineer
IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES
By:_____________________________
Rakesha Thomas, Director of
Human Resources and Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION
POLICIES/PROCEDURES
Jessica Brown
Chief Financial Officer
__________________________
Purchasing
110
111
Description Total City of Fontana City of Rialto
Construction 18,155,605.28$ 233,399.00$ 17,922,206.28$ Total 18,155,605.28$ 233,399.00 $ 17,922,206.28$ Attachment "A"
Estimated Project Cost
112
N01 inch = 600 feet1200600
MAPLE AVENUE REHABILITATION PROJECTFROM BASELINE AVENUE TO MILLER AVENUEPROJECT LOCATION 113
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2033 Agenda Date: 3/14/2023
Agenda #: H. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Final Acceptance of Subdivision Improvements for Tract Map No. 18981 located on the northwest corner of Citrus Avenue and Curtis Avenue.
RECOMMENDATION:
1. Accept as complete the Subdivision Improvements for Tract No. 18981 located on the northwest corner of Citrus Avenue and Curtis Avenue.
2. Adopt Resolution No. 2023-014, accepting sewers in Tract No. 18981 as part of the City sewer system.
COUNCIL GOALS:
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
The developer of Tract No. 18981 is Pulte Home Company, LLC. Tract No 18981 is a single-family residential subdivision located on the northwest corner of Citrus Avenue and Curtis Avenue. This residential subdivision has a total of 105 residential lots. These lots range in size from approximately 6,000 square feet to 13,500 square feet.
Upon completion of the tract’sSubdivision Improvements, acceptance by the City Council is required pursuant to Fontana Municipal Code, Section 26-184(b). The Subdivision Improvements have been completed to the satisfaction of the Department of Engineering. By accepting the subdivision as complete, the City will be taking over the maintenance of the Subdivision Improvements.
The action will also authorize the release of the Faithful Performance Bond, which was posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six months and Warranty Bond after twelve months, less the total of any claims received by this date.
Tract Map Number Bond Number Bond Amount
18981 US00083815SU18A $3,987,840.47
City of Fontana Printed on 3/9/2023Page 1 of 2
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114
File #: 21-2033 Agenda Date: 3/14/2023
Agenda #: H. Category: Consent Calendar
FISCAL IMPACT:
As part of the action to accept as complete the Subdivision Improvements for Tract No. 18981, this subdivision will be deemed complete, and the City will take over operation and maintenance of public streets and public infrastructure.
.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 3/9/2023Page 2 of 2
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115
WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE
INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THIS MAP AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP.
WE HEREBY RELINQUISH TO THE CITY OF FONTANA, ALL RIGHTS OF VEHICULAR INGRESS AND EGRESS, FROM OVER AND ACROSS THE EASTERLY LINES OF LOTS 1 THROUGH 12, INCLUSIVE, ABUTTING LOTS " B" AND " C", AND LOTS 69, 70 AND 71, ABUTTING LOT " A" ALONG CITRUS AVENUE, AND THE SOUTHERLY LINE OF LOTS 13 THROUGH 16, INCLUSIVE ABUTTING LOT " C" ALONG CURTIS AVENUE, AS SHOWN ON THIS MAP.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES:
LOTS " A", " B" AND " C" FOR LANDSCAPE AND MAINTENANCE PURPOSES, AS SHOWN ON THIS MAP.
LOTS " D" AND " E" FOR WATER QUALITY DETENTION BASIN AND RELATED PURPOSES, AS SHOWN ON THIS MAP.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES:
CITRUS AVENUE, CURTIS AVENUE, MICHIGAN PLACE, NOTRE DAME STREET, BROWN
COURT TAFT COURT, GEORGETOWN WAY, PITZER STREET, PENNSYLVANIA AVENUE,
EMORY STREET AND MUIRFIELD LANE FOR STREET, HIGHWAY, UTILITY AND RELATED PURPOSES, UNDER, OVER AND UPON, AS SHOWN ON THIS MAP.
THE LINE OF SIGHT EASEMENTS ACROSS LOTS " A", " B" AND " C" AS SHOWN HEREON.
THE 30' WIDE SEWER EASEMENT ACROSS LOT 55 AS SHOWN HEREON.
THE 25' WIDE SEWER AND STORM DRAIN EASEMENT ACROSS LOT " D" AS SHOWN HEREON.
THE 25' WIDE STORM DRAIN EASEMENT ACROSS LOT " E" AS SHOWN HEREON.
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED, AND , NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT
SATE OF CALIFORNIA
COUNTY OF QMnAe
NJ
ON 10 1Bt2_01 BEFORE ME, M of - + i t. t v»
A NOTARY PUBLIC, PERSONALLY APPEARED VOtOt t
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON( S)
WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ SHE/ THEY EXECUTED THE SAME 1N HIS/ HER/ THEIR AUTHORIZED
CAPACITY( IES), AND THAT BY HIS/ HER/ THEIR SIGNATURE( S) ON THIS INSTRUMENT THE
PERSON( S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.
PRINT NAME SIGN ATU
MY COMMISSION EXPIRES: 1 2.s / 2.txm
MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.
PURSUANT TO THE PROVISIONS OF THE SECTION 66436 OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:
SAN GABRIEL VALLEY WATER COMPANY, HOLDER OF AN EASEMENT FOR PIPELINES, INGRESS AND EGRESS PER DEED RECORDED IN BOOK 3585, PAGE 423, OFFICIAL RECORDS.
PLOTTED)
THE CITY OF FONTANA, HOLDER OF EASEMENTS FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES PER INSTRUMENT NO' s 2001- 0529877, 2001- 0581872, 2002-- 0173646, 2002- 0173647, ALL OF OFFICIAL RECORDS.
UNDERLYING 52. 00 FOOT WIDE DEDICATIONS OF CITRUS AVENUE ALONG OLD PARCEL LINES) SHEET 1 OF 6
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF PULTE HOME COMPANY IN FEBRUARY 2016. 1
HEREBY STATE THAT ALL THE MONUMENTS SHOWN HEREON ARE OF THE CHARACTER
AND OCCUPY THE POSITIONS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF THE RECORDATION, IN COMPLIANCE WITH SECTIONS 66495 AND 66496 OF
THE SUBDIVISION MAP ACT AND ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.
tiC9.7-)- t
DA TE
MARK WARE P. L. S. 5820
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION SHOWN
THEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND
ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ARTICLE I THROUGH 111, CHAPTER 26, CODE OF THE CITY OF FONTANA
HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.
LANDS Q?,OFESStU
A TE SA r®
a
t
Lv`} RiCARDO
2 SANDOVAL O c m
NO. 7407 C5i 152m
RICARDO SANDOVAL, P. L. S. 7407
CITY ENGINEER 9TFOF C0 qTF F cALF° CITYOF FONTANA, CALIFORNIA CITY
OFFICIALSSTATEMENTAT
A REGULARMEETING OF THE CITY COUNCILOF THE CITY OF FONTANA, STATE OF CALIFORNIA, HELD ON THE 3-"- DAY OF A2018. THE SAID CITY COUNCIL. ACCEPTEDON BEHALF OF THE CITY OF FONTANATHIS MAP OF TRACT NO. 18981 AND ACCEPTED THE FOREGOING DEDICATIONSIN ACCORDANCE WITHTHE CITY OF FONTANASTANDARDS.
THIS PROCEDURE
IS THE TRUEAND COMPLETEPROCEDUREAPPROVED BY CITY COUNCILON THE -+**- DAY OF M CV , 2018. ATT ST•
TONIA LEWIS
CITY CLERK,
CITY OF FONTANAI HEREBY
CERTIFYTHAT A BOND IN THE SUMOF $ 0 000 HASBEEN
EXECUTEDAND FILED WITH THE BOARD OF SUPERVISORSOF THE COUNTYOF SAN
BERNARDINO, STATE OF CALIFORNIA, CONDITIONEDUPON THE PAYMENTOF ALL TAXES,
STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIALASSESSMENTS, COLLECTED AS
TAXES, WHICHAT THE TIME OF FILING OF THIS MAP WITH THE COUNTYRECORDER
ARE A LIEN AGAINSTSAID PROPERTY, BUT NOT YET PAYABLEAND THAT THE
SUBDIVIDERHAS FILED WITH ME A CERTIFICATEBY THE PROPEROFFICERGIVING HIS
ESTIMATEOF THE AMOUNTOF SAID TAXESAND SPECIAL ASSESSMENTS, AND SAID BOND 1S HEREBY ACCEPTED. LAURA H.
WELCH CLERKOF
THE BOARDOF SUPERVISORSDATEOF
THE COUNTYOF SAN BERNARDINOBY.• a
aj- a- , DEPUTYI HEREBY
CERTIFYTHAT ACCORDINGTO THE RECORDSOF THIS OFFICE, AS OF THIS DATE, THERE
ARE NO LIENS AGAINSTTHE REAL PROPERTYSHOWNUPON THIS MAP FOR
UNPAIDSTATE, COUNTY, MUNICIPALOR LOCAL TAXES, SPECIAL ASSESSMENTSCOLLECTED
AS TAXES, EXCEPTTAXES OR SPECIAL ASSESSMENTSNOT YET PAYABLE, ESTIMATEDTO BE $ es- o p OSCAR
VALDEZ, COUNTY AUDITOR - CON TROLLERITREASURERITAX
COLLECTORDATE COUNTY
OF SAN BERNARDINOSTATE OF
CALIFORNIABY.• a
Z47- t DEPUTYBOB DUTTON
ASSESSOR -RECORDER -
COUNTY CLERK COUNTY OF
SAN BERNARDINO11.. lf 11L.,,a1il/ I DEPUTYs'
O. D a Recordedin
Official Records, GountV of
San BernardinoDoc#: 2018 —
0435218 11/ 2012018
2: 47 PM
116
TRACT NO, 18981
W' THE CITY OF FONTANA
A SUBDIVISION OF PORTION OF
A. .
OF •' '` OF •
N 1/ 4 CO1z, SEc 25 MARK WARE, P. L. S. 5820
FD. N& TAG, LS 7635,
IN LIEU OF 2" 8C, LS 4218
PER TR. 16427, M.B.
297/ 73- 78, FLUSH,
ACCEPTED FOR POSITI(
w
i
S. F. N. SUMMITVENUE N. LINE, SEC. 25
N89' 40' 46" E 2626. 00' ( 2625. 94' .......... .
1313. 00' ( 1312. 97) 1313. 00' ( 1312. 97)
1-4_-___------- 1 --__-..-._-----_
J-
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N. N. LINE, I
o S. F. N. -",
l- S. FSE 1 4, .F. N. N89.
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SEC.
25 f I ......... ., 1314.
81' 1314. 81 553
54 _ 55 56 5_ 7 5859 60 61 62 _ 63 64 65 _ 66 6 768 L 69r51
PJTZER STREET
70 50 94 95
96 97 98 99 100 101 102 103 104 1057249737- 93 EMORY
48 9286 85
80 79
74 STREET o` c' o 71
4 7
1 w _
8987 84
81 `
J 78 75 f
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44 NOTRE DAME STREET
Z CQ 43 42 41 40
39 38 37 36 , 35 34 33 32 31 30 29 I J I I
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N89.
422CE 834. 45' '
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I { I f MUIRFIFLD
LANE
24 23 22 21
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20 N u I I I
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12 f
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16 15 14 13 C 1/ 4 COR.,
SEC. 25S. LINE, NE 1/
4, SEC, 25 FD. 1" IP, PLS
4756, _ 834.45' _ _ " LOT 482. 17' IN LIEU OF 1"
1P, C. S. M _ _ 1316.63' (1361.61) .. 1316. 62' ( 1316. 67) PER TR. 16427, M.
B. 297/ 73- 78, N89'4259" E 2633. 25' ( 2633. 28`) • . • . . . FLUSH, ACCEPTEDFOR POSITION CE V16 COR, SEC. 25 FD. 1" IP, LS
4756, CATAWBAAVENUECURTISAVENUE
IN LIEU OF 2" IP, LS 4756SURVEYOR'S NOTESTR
PER TR. 16427, M.B. 297/ 73- 78, FLUSHTHE BEARINGSSHOWNHEREON
ARE BASED ON THE CENTERLINEOF CITRUSAVENUE, PER TRACT
16540, M. B. 299/ 13- 15, BEING: N 00° 16' 44" W. DENOTESFOUNDMONUMENTAS NOTED. RAD) 0 DENOTESSET
1"
I. P., L, S. 5820, FLUSH, UNLESSOTHERWISENOTED. 1" I. P., L.
S. 5820TO BESETAT ALL INTERIORREARLOTCORNERSAND ANGLEPOINTSIN SIDE LOT LINES, NAIL ,AND TAG, L. S. 5820 TO BESETIN TOPOF CURBAT
THE PROLONGATIONOF ALLSIDELOT LINESAND IN TOP OF WALLONALL PERIMETERLOTS. IN THE EVENT THAT
ANYOF THE ABOVEDESCRIBEDMONUMENTSCANNOTBE SET, A TAG,
L. S. 5820WILL BEAFFIXEDIN CONCRETE, STONE, WOOD OR METAL AT THE POSITIONCALLEDFORON THIS MAP. FOUNDMONUMENTATION, DESTROYEDBY
CONSTRUCTIONOF THIS SUBDIVISIONWILL BE RESETIN
IT' S FOUND POSITION, INLIKEKIND, TAGGED L. S. 5820, DENOTESRECORDPERTRACT 16540, M. B. 299/ 13- 15. DENOTESRECORDPER TRACT
16427, M. B. 297/ 73- 78. DENOTESRADIALBEARING. DENOTES
NON - VEHICULARACCESS,
DEDICATED TO THE C17Y OF FONTANAHEREON. SHEET2 OF
6 NE COR., SEC. 25
FD. S& W, LS
7635, PERRS 145131, DN.
0. 2' L`
S7 m l_
C) t
FD. I'
IP,
LS
4756, PERTR. 16540, M.
B. 299/ 13-
15, FLUSHE 1/ 4
COR,
SEC. 25FD. 2" BC, LS
7635, PERCR 251152, DN.
0. 2' 150'
0 75' 150'
300' SCALE. 1 "= 150'
117
33C532
7, 036 S. F. b7, 347 S.F
O
70. 00' 1 b c\ 1
N89 4226" E 834. 45' 4
31 30 29
6 4'
1 7, 320 S. F 7, 320 S. F 7, 845 S. F
1 32' 32'
6 N89' 41' 53" E 245, 26'
09 c, 60. 00' 60. 00' 65. 00'
R co
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25 26 27 28
8, 582 S. F. 7, 288 S. F. 8, 106 S, F. 8, 808 S. F.
4 N89' 41' 53" E 110. 07'
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5 7, 263 S. F.
N89* 41' 53" E 110. 04'
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o N89*41' 53" E 249. 81'
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L= 17, 45' 0 N89'41' 53"
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402.97' N8-------------- --------------- —- N89'42' 59"E 407, 13' 36' WIDEESMT. IN
FAVOROF SEE DETAILLOT " C" SAN GABRIEL
VALLEYWATER COMPANYBELOW LANDSCAPE & PLAINT.}k 8,
393 S.
F.
Cll.TlS AVENUEPER
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SURVEYOR'
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2 OF6
FOR SURVEYOR'S NOTE-S f SHEET 3 OF 6
118
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SURVEYOR'S NOTES
SEE SHEET 2 Of 6 FOR SURVEYOR'S NOTES
7, 320 S. F o
30 7, 320 S. F. o
6, 300 S. F.
61 '53" E 105. 00'
74 6, 300 S.F.
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75 6, 825 S. F.
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TRA CT NOO 18981
BEINGIN
TOM, CITY OF FONTANA
SUBDIVISION A PORTION ` S. B. M.r
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122
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ACCEPTING THE SEWERS IN TRACT NO. 18981 AS PART OF THE
CITY’S SEWER SYSTEM
WHEREAS, Section 23 -388 of the Code of the City of Fontana provides that each addition to or exten sion of the sewer systems shall be accepted by Resolution of the City Council; and
WHEREAS, the Resolution of Acceptance shall contain the terms of any special consideration which shall apply to the sewer so accepted; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana hereby accepts as a part of the City’s sewer system the sewer mains and laterals constructed within and part of Tract No. 18981 is located at the northwest corner of Citrus Avenue and Curtis Avenue. No special consideration shall apply to any lots in Tract No. 18981.
APPROVED AND ADOPTED this 14th day of March, 2023.
____________________________________
City Attorney
I, Germaine Key, City Clerk and Ex -Officio Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 14th day of March, 2023, by the following to-wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
123
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2037 Agenda Date: 3/14/2023
Agenda #: I. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Amendment to David Volz Design Landscape Architects Task Order for Design Services for the Jurupa Landscape Median Project.
RECOMMENDATION:
1. Approve and authorize the City Manager to execute Task Order No. 1.2 to David Volz Design Landscape Architects in the amount of $63,205.00 for the Design Services of Jurupa Avenue Landscape Median Project. for a total contract amount of $222,719.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
COUNCIL GOALS:
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.
DISCUSSION:
City of Fontana’sapproved Capital Improvement Program Budget includes the Jurupa Landscape Median Project (Project). The proposed improvements include construction of roughly 1.5 miles of landscaped median along Jurupa Avenue, between Hemlock Avenue and Calabash Avenue.
In February 2022 Task Order No.1 was issued to David Volz Design Landscape Architects in the amount of $159,514.00 to provide engineering design services. The City has recently added pavement rehabilitation to the scope of work which will provide a grind and overlay along Jurupa Avenue, between Mulberry Avenue and Hemlock Avenue.
In January 2023 David Volz Design Landscape Architects requested Task Order Amendment No. 2 to include additional scope to their contract. After fee negotiation, David Volz Design Landscape Architects and City staff agreed with the amendment amount at $63,205.00 FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $63,205 and is included in the 2022- 2023 budget in 36000020-633-A-8113.
City of Fontana Printed on 3/9/2023Page 1 of 2
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File #: 21-2037 Agenda Date: 3/14/2023
Agenda #: I. Category: Consent Calendar
MOTION:
Approve staff recommendation.
City of Fontana Printed on 3/9/2023Page 2 of 2
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Landscape Architects and Park PlannersLandscape Architects and Park Planners DVD
David Volz DesignDavid Volz Design
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
DESIGNING LANDSCAPES THAT
CREATE COMMUNITY
www.dvolzdesign.com
January 9, 2023
Revised January 23, 2023
Chris Sorensen
Assistant Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
RE: PROPOSAL TO PROVIDE ADDITIONAL CIVIL ENGINEERING SERVICES FOR JURUPA AVENUE
MEDIANS
Dear Mr. Sorensen,
Per your request, we are proposing additional civil engineering services for the Jurupa Avenue medians project in the City of Fontana. We understand that the City has decided to improve the existing pavement from Hemlock Avenue to Calabash Avenue. This area will receive a 2-inch grind and overlay. In addition the City has decided to extend the pavement improvements from Calabash Avenue to Mulberry Avenue.
This work will include additional street striping plans for the proposed pavement improvements along Jurupa Avenue. The additional scope for this effort will require additional meetings and coordination.
We will attend 2 additional conference call / virtual meetings and coordinate additional design activities.
Our civil engineer NV5 will obtain and review available information pertinent to the project, such as the existing as-built plans. NV5 will also conduct additional survey from Calabash Avenue to Mulberry Avenue as needed. This will include additional topographic survey to establish vertical controls. Our team will provide preliminary and final pavement improvement plans, additional specifications, and additional cost estimating for this scope.
PROPOSED FEE
We are confident that our team has the expertise and resources to successfully complete this project and enhance the beauty and functionality of the Jurupa Avenue medians. If you have any questions or would like to discuss the project further, please don’t hesitate to contact us.
Very truly yours,
DAVID VOLZ DESIGN
Eric Sterling, R.L.A. # 5463
EXHIBIT C
Fee Schedule
PR SLA PD AD
$220 $193 $121 $110
Landscape Architect Coordination 6 12 2 20 2,830$
0 6 12 2 20 2,830$
Civil Engineering Services 60,375$
TOTAL PROPOSED DESIGN FEE
Total
Hrs
DVD Fee
63,205$
Irvine - Plaza Neighborhood Park ADA Improvements 1 of 1 126
N01 inch = 1000 feet20001000
JURUPA AVENUE LANDSCAPEMEDIAN PROJECTFROM MULBERRY AVENUE TOHEMLOCK AVENUEPN-0020PROJECT LOCATION 127
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2041 Agenda Date: 3/14/2023
Agenda #: J. Category: Consent Calendar
FROM:
Housing
SUBJECT:
Award a bid for the 7714 Tamarind Ave Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Construction SB-91-HD-23
RECOMMENDATION:
Award and authorize the City Manager to execute a construction contract with Lancet Contracting Inc for the construction of the 7714 Tamarind Ave Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) in the amount of $273,000 and authorize a 10% contingency in the amount of $27,300 (Bid No. SB-91-HD-23).
COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
DISCUSSION:
The property at 7714 Tamarind Ave was acquired by the City’sHousing Department on February 1, 2022. The property consists of a single-family home that is intended to be a temporary emergency shelter. The City has completed the interior rehabilitation of the home for phase one of the project and is now moving onto phase two which will consist of constructing an Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) on the property.
On February 2nd, 2023, the Invitation to Bidders was sent out to one hundred thirty-seven (137) vendors and it closed on February 23rd, 2023 at 2:00 p.m. There were twenty-four (24) downloads and a total of four (4) valid bids were received ranging from $260,707.02 to $308,850.00. Lancet Contracting Inc submitted the apparent lowest responsive bid in the amount of $273,000.00. The lowest bid was disqualified since it did not meet all bid requirements. The Inspector/Engineer estimated the total rehabilitation cost for this rehabilitation to be $370,000.00.
After reviewing the proposed bid documents and performing the license and certification checks, Housing and Purchasing staff have determined Lancet Contracting Inc to be the lowest responsible and responsive bidder.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $273,000 (contract plus 10% contingency) and is included in the 2022-23 FHC-1 Tamarind Project # 30200019-301 and ESG-CV2 City of Fontana Printed on 3/9/2023Page 1 of 2
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File #: 21-2041 Agenda Date: 3/14/2023
Agenda #: J. Category: Consent Calendar
Project # 30200015-362.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 3/9/2023Page 2 of 2
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Bid Results
ADU and JADU – 7714 Tamarind Avenue
SB-91-HD-23
Cali Developments (Disqualified) $260,707.02
Fontana, CA
Lancet Contracting Inc. $273,000.00
Fontana, CA
Abigail Electric Inc. $277,532.40
Alhambra, CA
Final Touch Construction $291,472.00
Fontana, CA
AMJ Builders Inc. $308,850.00
Fontana, CA
130
City of Fontana
ADU and JADU - 7714 Tamarind Avenue (SB-91-HD-23), bidding on 02/23/2023 2:00 PM (PST)
Printed 02/27/2023
PlanetBids, Inc.
131
City of Fontana
ADU and JADU - 7714 Tamarind Avenue (SB-91-HD-23), bidding on 02/23/2023 2:00 PM (PST)
Printed 02/27/2023
PlanetBids, Inc.
132
City of Fontana
ADU and JADU - 7714 Tamarind Avenue (SB-91-HD-23), bidding on 02/23/2023 2:00 PM (PST)
Printed 02/27/2023
PlanetBids, Inc.
133
City of Fontana
ADU and JADU - 7714 Tamarind Avenue (SB-91-HD-23), bidding on 02/23/2023 2:00 PM (PST)
Printed 02/27/2023
PlanetBids, Inc.
134
City of Fontana
ADU and JADU - 7714 Tamarind Avenue (SB-91-HD-23), bidding on 02/23/2023 2:00 PM (PST)
Printed 02/27/2023
PlanetBids, Inc.
135
City of Fontana
ADU and JADU - 7714 Tamarind Avenue (SB-91-HD-23), bidding on 02/23/2023 2:00 PM (PST)
Printed 02/27/2023
PlanetBids, Inc.
136
16498.00150\32127034.1 1
CITY OF FONTANA
CONSTRUCTION CONTRACT
ADU & JADU – 7714 TAMARIND AVENUE
SB-91-HD-23
1. PARTIES AND DATE.
This Contract is made and entered into this 15th day of March, 2023 by and between the City of Fontana, a public agency of the State of California (“City”) and Lancet Contracting Inc, a California Corporation with its principal place of business at 16784 Arrow Blvd. Fontana , CA 92335 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services require d by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing asbestos/remediation related services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Building – B
2.3 Project. City desires to engage Contractor to render such services for the ADU & JADU at 7714 Tamarind Avenue (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.
3. TERMS
3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specificati ons and documents therein, and attachments and addenda thereto:
Services/Schedule (Exhibit “A”)
Plans and Specifications (Exhibit “B”)
Special Conditions (Exhibit “C”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) Public Works Contractor Registration Certification (Exhibit “E”) Payment Bond (Exhibit “F”)
Change Orders executed by the City
137
16498.00150\32127034.1 2
3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometim es referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such requ est shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal” . Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain prod ucts, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifi cations shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Co ntractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty -five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal ” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and a ll illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” 138
16498.00150\32127034.1 3
material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substit uted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages . Contractor shall perform a nd complete all Work under this Contract within TBD calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”) . Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or projec t milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto,or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforem entioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to G overnment Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Hundred and Fifty ($250.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work u nder this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and s ubcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license , and that such licenses and approvals shall be maintained throughout the term o f this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contr actor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work i n a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor b asis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 139
16498.00150\32127034.1 4
3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contrac tor the Total Contract Price of Two hundred seventy-three thousand Dollars ($ 273,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation . If the Work is schedule d for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pa y Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the q uantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment . City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended b y the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or s ubmit on a timely basis proper and 140
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sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, l osses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions . In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and fi led a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes o f this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract.
Such transferred title shall in each case be good, free and clear from any an d all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against s aid items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of bu siness and at the project site. Contractor shall defend, 141
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indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said secti on for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work . Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and o ne-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records . Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt o f written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10 -day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or port ion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the in tent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, s uch penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid w ill be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements 142
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mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work perfo rmed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Depart ment of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility.
Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges A ssociated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution P revention Plan (SWPPP) as required by the Permit.
Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as re quired by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any ap plicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or 143
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other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any del ay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought aga inst the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contr actor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under t his Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or prop erty. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable sh all include, but shall not be limited to, ad equate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffol ds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 144
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3.8.3 Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with.
Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license . While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excav ation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed pla n showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shal l be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and sha ll proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor 145
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shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality . Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipmen t with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor th at can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work . When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work wh ich are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total C ontract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Secti on 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in acc ordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is dispu ted by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures containe d 146
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herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giv ing rise to the Claim.
The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the cla im. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisp uted portion of the claim will be processed and made within 60 days after the public entity issues its written statement. 147
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3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be r equested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer . If th e Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remai ns in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identi fied in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cann ot agree upon a mediator, each P arty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further o bligation under Section 20104.4 to mediate after litigation has been commenced. 148
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3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All un resolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation . If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, inc luding any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlie r than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code.
The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Co de of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims . In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or c hanged conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code clai m must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim 149
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shall be inclusive of all unresolved claims unless a new unrelated claim arises aft er the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section
3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend , indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees , settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful mis conduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employ ees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proce eds, if any, received by the City, its officials, employees, agents and authorized volunteers.
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3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insura nce required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the durat ion of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contracto r shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability . (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers , or if excess, 151
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shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s i nsurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by t he Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage sha ll be primary insurance as respects the City, its officials, employees, agents and authorized volunteers , or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance main tained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Co verages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contra ctor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on 152
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forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise spe cifically requested by City in Exhibit “ C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond . If specifically requested by City in Exhibit “ C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 1 0 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 153
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3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole c ost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subc ontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transfer red or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other wa rranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification . By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “ D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the 154
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Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“ City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name , qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”).
Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work whic h may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropri ate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contracto r in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be refe rred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract t o supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Ac t (Chapter 2, commencing with 155
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Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Lancet Contracting Inc.
16784 Arrow Blvd.
Fontana, CA 92335
Attn: Mario Perez
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Mary Aguilar, Project Specialist
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden . Contractor shall not, either vo luntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any ob ligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
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3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide emplo yee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, pe rcentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Ag reement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classificat ion indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects. 157
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3.17.21 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the p rovisions included in Exhibit “G ” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). W ith respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
LANCET CONTRACTING, INC
By:
Mario Perez
CFO
Attest:
By:
Tonia Lewis
City Clerk
By:
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: _____________________________
Valerie Gonzales
Housing Development Manager
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
___________________________________
Jessica Brown
Chief Financial Officer
Purchasing Office
159
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EXHIBIT “A”
SERVICES / SCHEDULE
160
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
161
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar da ys from the date the Contractor is notified of award of the Contract , the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract .
Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self -insurance in accordance with the pr ovisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
REMMI CONSTRUCTION, INC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
163
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to per form public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
Contractor shall maintain a current DIR registration for the duration of the project. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 164
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
165
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2044 Agenda Date: 3/14/2023
Agenda #: K. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Miscellaneous Project No. 23 - 004 - Review of 2022 General Plan Annual Progress Report RECOMMENDATION:
Direct staff to send the 2022 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).
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses. · Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
DISCUSSION:
The General Plan is mandated by California Government Code Section 65300, which requires each city and county to adopt a comprehensive plan for the physical development of the jurisdiction. It addresses land use, transportation routes, population growth, open space, air and water quality, noise, safety issues and other related physical, social, and economic development factors. Through the identification of goals, objectives, and policies, a General Plan creates a strategy framework for implementation. In addition to serving as a basis for local decision making, the General Plan establishes a clear set of development rules for citizens, developers, decision-makers, neighboring cities and counties, and provides the community with an opportunity to participate in the planning decision-making process.
Government Code Section 65400 mandates that all cities and counties submit to their legislative bodies an annual report on the status of their General Plan and progress in its implementation. A copy of this progress report must be sent to the Governor’sOffice of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1st of each year.
Annual Progress Reports (APRs) provide local legislative bodies with information regarding the status and implementation of the General Plan for their city or county. The annual progress report also allows the City of Fontana to determine the effectiveness of the Housing Element and identify necessary “course adjustments” to Housing Department goals, programs, policies, and City of Fontana Printed on 3/9/2023Page 1 of 2
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File #: 21-2044 Agenda Date: 3/14/2023
Agenda #: K. Category: Consent Calendar
necessary “course adjustments” to Housing Department goals, programs, policies, and implementation measures.
The City’slegislative bodies have used the 2015-2035 General Plan as the primary source of long- range planning and policy direction. All future development activities will be consistent with the General Plan which will continue to guide growth and preserve the quality of life within the community. The General Plan Annual Report (Attachment No. 1) details the key implementation actions that the City accomplished or made progress on in 2022.
Additionally, the Department of Housing and Community Development (HCD) requires the reporting of Housing Element Implementation on specific state reporting forms. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction' s progress toward meeting its regional housing needs assessment (RHNA) allocation. A summary of the City’shousing efforts in 2022 is included in Attachment No. 2 of this report.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. 2022 General Plan Annual Progress Report
2. Annual Element Progress Report - Housing Element Implementation City of Fontana Printed on 3/9/2023Page 2 of 2
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1 City of Fontana
General Plan Annual Report
January 2022—December 2022
168
2 CITY OF FONTANA
2022 GENERAL PLAN ANNUAL
PROGRESS REPORT
Prepared by the
Planning Department
Vision Statement
Fontana is a dynamic, thriving community that supports education, growth, safety and a positive community fabric.
Our community is creating the opportunities that courage social and economic investment. 169
3 PAGE
Table of Contents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 Introduction - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 Background - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -5
DEVELOPMENT SERVICES ORGANIZATION/PLANNING ACTIVITIES
General Plan Background- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 Planning Division - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7-8 Building and Safety Division - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9-10 Housing Element Reporting Requirements - - - - - - - - - - - - - - - - - - - - - 11-12 Capital Improvement Project (CIP) - - - - - - - - - - - - - - - - - - - - - - - - - - -13-14
General Plan Implementation Status- - - - - - - - - - - - - - - - - - -- - -- - -- - -15 Chapter No. 5 – Housing Element - - - - - - - - - - - - - - - - - - - -- - -- - -- - -- 16 Chapter No. 7 – Conservation, Open Space and Trails - - - - - - - - - - - - - 17 Chapter No. 8 – Community Mobility and Circulation - - - - - - - - - - - - - 18 Chapter No. 15 – Land Use Zoning and Urban Design - - - - -- - -- - -- - -- 19
TABLE OF CONTENTS
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4 INTRODUCTION
Purpose of this Document
Section 65400 (b) of the State of California government Code requires planning agencies provide an annual report to their leg islative body, the Governor ’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) of the status of the General Plan and progress in its implementation. The four basic purposes of the annual report are as follows:
• To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, polices and implementation measures.
• Provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
• To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies and implementation measures in the General Plan.
• To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.
The General Plan Annual Progress Report summarizes the City of Fontana ’s progress towards implementing the goals, policies and programs of the 2015 -2035 City’s General Plan. It covers the period of January 1, 2022, through December 31, 2022. The report provides for the annual review of the General plan to assess the level of implementation and effectiveness of the General Pla n as a guide for orderly growth and development. The General Plan Progress Report also provides information regarding the City ’s progress in meeting its share of regional housing needs.
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5 BACKGROUND
The City of Fontana was incorporated on June 25, 1952. Fontana is a general -law city governed by codes adopted by the legislators of the State of California. The City of Fontana is governed by an elected Mayor and four District Council Member s.
Located in the Inland Empire, Fontana is situated 110 miles north of San Diego, 50 miles east of Los Angeles, 50 miles northe ast of the heart of Orange County and 15 miles west of the City of San Bernardino.
The Fontana planning area encompasses approximately 52.4 square miles (43.1 square miles -city limits/9.3 square miles-sphere of influence area). Since the last comprehensive update to the General Plan in 2018, the population of the City has increase d from 209,895 (source: General Plan Chapter 2 and 2020 US Census —Quick facts) to 210,761.
The City of Fontana has extensively used the specific plan process for much of the undeveloped land in its planning area.
Currently, the City of Fontana has adopted twenty -seven (27) specific plans and community plans. The specific plans and community plans within the city limits encompass almost 12,000 acres, representing over 26,000 dwelling units, 700 acres of commercial development, and 2,700 acres of industrial property. 172
6 GENERAL PLAN BACKGROUND
The General Plan is mandated by California Government
Code Section 65300, which requires each city and county to adopt a comprehensive plan for the physical
development of the jurisdiction. It addresses land use, transportation routes, population growth, open space,
air and water quality, noise, safety issues and other
related physical, social and economic development
factors. Through the identification of goals, objectives, and policies, a General Plan creates a strategy
framework for implementation. In addition to serving as a basis for local decision making, the General Plan
establishes a clear set of development rules for citizens, developers, decision -makers, neighboring cities and
counties, and provides the community with an
opportunity to participate in the planning and decision - making process.
In November of 2018, the City adopted a comprehensive
update to the General Plan that contains a shared vision for the future community of Fontana, a plan outlining
strategies on how to pursue and achieve that vision, and an action plan that assists in advancing the goals,
policies, and implementation measures outlined in the
general plan.
AMENDMENTS TO THE GENERAL PLAN
State law allows the city to amend any single element of its General Plan no more than four times per year.
Amendments may be proposed and acted upon at any
time during the year and one action may include
multiple amendments. Any changes to the General Plan
require a public hearing by the City Council and
evaluation of the environmental impacts as required by
the California Environmental Quality Act (CEQA).
In 2022, the City amended the General Plan Land Use
Element three times, to facilitate five development
entitlement applications and for a comprehensive
update to the Housing Element (6th Cycle Housing
Element Update).
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7 PLANNING DEPARTMENT
The Planning Department of the Development Services Organization is the initial contact for development through the land entitlement process. From inception to completion, Planning works to ensure the highest standards for the use and design of any project submitted, while meeting the applicant ’s needs as well. This section outlines the activities of the Planning Department from January 2022 through December 2022.
The day-to-day planning activities include:
Administering the City’s Zoning Ordinance (Development Code) Answering public inquiries on the telephone and over the public counter Processing planning applications for the Planning Commission and City Council Reviewing and approving business license applications for zoning compliance Preparing reports for the Planning Commission and City Council Reviewing development plans for compliance with City standards (Plan Checks). 174
8 Counter/Telephone Activity
Public Counter activity represents the number of counter visits recorded in the Planning Department. During the
this review period, the Planning Counter received a total of 2,721 visitors and e -mail correspondence was 103,818 for the year.
Telephone activity represents the number of people
calling for assistance to the Planning Department. Phone calls are kept and tracked on a monthly basis. In 2022, the total number of calls received were 13,153.
Planning Applications
The City of Fontana utilizes a Master Case Number (MCN) tracking system which is assigned to every unique formal entitlement request. The Master Case Number serves as a tracking mechanism for the number of projects that have been taken in the city. For example, a proposal for a new shopping development will be assigned an MCN.
Underneath the number there will be all required
entitlement applications for the project such as
Conditional Use Permit requests, Variances, and Zone
Changes. This number does not include amendments to
previous entitlements such as Conditional Use Permits
and Design Review Permits. Based on the Master Case
Number (MCN) tracking system, a total of 175 planning
entailment applications were received during this review period. Also, during this review period a total of 230 planning entitlement were approved.
In addition to the applications, planning staff reviewed business licenses and conducted plan check review to
ensure the proposed business, improvement and new
construction are in compliance with the zoning code.
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9 BUILDING & SAFETY DEPARTMENT
The Building and Safety Department is responsible for a variety of tasks that include issuing permits, pro- cessing plan check submittals, and inspections. The Building and Safety Department provides professional plan checking, permitting, and inspections that assure adherence and compliance with the 2017 California Building Code. New building construction and tenant improvements require plan check review for zoning and Building Code compliance.
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10 Building and Safety
SINGLE-FAMILY RESIDENCES
Construction of new single -family homes within calendar year 2022 was 582 permits and 103 for Accessory
Dwelling Units (ADU’s).
MULTI-FAMILY RESIDENCES
The City issued permits to 66 multi -family housing
development projects totaling 586 units.
COMMERCIAL
Commercial development for calendar year 2022,
resulted in 24 new building permits issued for 342,919
square feet of new commercial area with an approximate
valuation of $50,588,274.26.
INDUSTRIAL
Industrial development during calendar year 2022
resulted in 19 new building permits that were issued for 811,293 square feet of new industrial area with an
approximate valuation of $275,980,704.05 .
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11 HOUSING ELEMENT
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12 Housing Element Reporting Requirements
Housing Element law requires quantification of each jurisdiction ’s existing and projected housing needs for all income levels. The City’s Department of Housing and Business Development continues to administer the Community Development Block Grant Funds in accordance with U.S. Department of Housing and Urban Development requirements. In addition, existing programs in the Zoning and Development Code (i.e.
Accessory Dwelling Units) provides the City with the flexibility and standards to encourage future development of low income housing.
The Housing Element is one of the seven State mandated elements included in the City of Fontana ’s General Plan. The purpose of the Housing Element is to identify and plan for the City ’s existing and projected housing needs; it contains a detailed outline and work program of the City ’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. On February 8, 2022 the City Council approved Resolution No. 2022 -011 for the adoption of a comprehensive update to the Housing Element (6th Cycle Housing Element Update) that will plan for the 2021-2029 planning period.
Each eight-year planning cycle, the City is allocated a specific number of housing units called the Regional Housing Needs Allocation (RHNA) determined by the Southern California Association of Governments. The RHNA quantifies current and future housing growth within a City. The Table shows the median income limits established by HUD for the Fontana area with the associated affordable rent and affordable home sales prices for each income category along with number of building permits issued for years 2021 to 2029.
City of Fontana Housing Need by Income Category
Income
Category
Units
Needed
2021-
2029
Units
2021
Units
2022
Units
2023
Units
2024
Units
2025
Units
2026
Units
Built
2027
Units
Built
2028
Re-
maining
Needed
2021-
2029
Units
Built
2029
Very Low
(0-50%)
<$31,950
5,109 0 0 0 0 0 0 0 0 5,109 0
Low
(51-80%)
<$51,100
2,950 60 0 0 0 0 0 0 0 2,890 0
Moderate
(81-120%)
<$73,680
3,035 0 0 0 0 0 0 0 0 3,035 0
Above Moder-
ate
(>120%)
>$73,680
6,425 1,122 839 0 0 0 0 0 0 4,645 0
Totals 17,519 1,182 839 0 0 0 0 0 0 15,679 0
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13 CAPITAL IMPROVEMENT PROGRAM
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14 CAPITAL IMPROVEMENT
PROGRAM (CIP)
The State of California Government Code Section 66002
requires local agencies that have developed a fee program to adopt a CIP indicating the approximate location, size, timing and an estimate of the cost of all facilities or improvements to be financed by fees. The City of Fontana has such a fee program and the City ’s adopted seven -year Capital Improvement Program outlines the infrastructure needs for the future.
Projects and expenditures identified for future fiscal years are approved on a planning basis and do not receive
expenditure authority until they are part of the capital budget for that fiscal year. The public, City Council, Planning Commission, Engineering, and Parks and
Recreation Commission review of the overall seven -year program is performed annually for effective
implementation of the City ’s Vision Statement as well as the City Council’s more immediate goals and objectives.
The Seven -year Capital Improvement Program for FYs
2021/2022 through 2027/2028 sets forth infrastructure
needs and a capital plan involving 141 projects totaling approximately $806.8 million. Of this, all projects and expenditures identified for future fiscal years beyond
2021/2022 are approved on a planning basis and do not
receive expenditure authority until they are part of the capital budget for that fiscal year. A review of the seven - year program is performed annually by the Parks and
Community Services Commission, the Planning Commission
and the City Council in order to ensure effective
implementation of the City ’s Vision Statement as well as the City Council’s Goals.
The City ’s seven -year CIP continues to advance the “City Council ’s Vision” and strive to accomplish the “City Council ’s Goals and Objectives”. This vision statement and the goals and objectives adopted by the City Council will guide the development of policies, goals and objectives adopted in the City’s General Plan.
FY 21/22 – FY 27/28, 7-Year CIP Project Budget
CIP Category Amount
(Thousands)
No. Of
Projects
Flood Control & Storm Drain $15,929 5
Major Corridor/Interchanges $135,432 12
Open Space & Recreation $68,511 7
Other Capital Improvements $40,706 3
Public Building Improvements $26,673 4
Resource Mgt/Conservation $7,110 2
Sewer Improvements $10,653 5
Street Improvements $450,625 60
Technology $23,954 2
Traffic $27,222 41
Totals $806,815 141
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15 GENERAL PLAN
IMPLEMENTATION STATUS
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16 Chapter No. 5 – Housing Element
The State of California mandates that each county and city maintain a Housing Element in their General Plan. Section 65583 of the Government Code sets forth the specific components to be contained in a community ’s housing element, including the City ’s share of the Regional Housing Needs Assessment (RHNA).
In addition to providing assistance and guidance for the City ’s Housing Element, the Housing Department administers a variety of community development activities including affordable housing activities and neighborhood improvement programs. Following are programs and activities supporting the goals of the Housing Element.
Updates:
CALIFORNINA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT CALLIFORNIA’S CITY OF FONTANA’S PROHOUSING
DESIGNATON.
In December 2022 the city was awarded the Prohousing Designation, which is an award provided to local jurisdictions who have advanced numerous policy actions to remove barriers for affordable housing production and promote infill development that reduces negative climate change impacts. Affirmatively forward future fair housing opportunities and improve quality of life for all Californians.
GENERAL PLAN AMENDMENT NO. 21-002– FOR THE 2021-2029 6TH
CYCLE HOUSING ELEMENT
On February 8, 2022 the City Council approved Resolution No. 2022 -011 for the adoption of a comprehensive update to the Housing Element (6th Cycle Housing Element Update) that will plan for the 2021 -2029 planning period.
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT
ASSISTANCE PROGRAMS
The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, is a stimulus bill passed by Congress and signed into law that provides economic assistance for families struggling financially due to the effects of COVID -19 –19. Through an Emergency Rental/Mortgage Assistance program, the City was able to assist families struggling financially due to the effect of COVID -19 by paying up to six months rent or mortgage payments. At the end of 2022, a total of 1,474 checks were issued totaling $1,625,511.09
Other Housing Accomplishments
Provided Fair Housing Services to 618 residents
Acquired three single -family housing units to add to the City Housing Authority’s rental inventory.
The Neighborhood Stabilization Program completed
rehabilitation on four-single family homes.
Purchased one single -family property to be rehabbed and utilized as emergency transitional housing.
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17 Chapter No. 7 – Conservation, Open Space and
Trails
Open space and parks are key aspects to well being for Fontana residents.
Updates:
Goal 2: Large city parks and open spaces include planting, and natural areas attractive to birds and other wildlife.
Action C: Consider wildlife value when planting public spaces.
On July 26, 2022 the City Council approved Resolution No. 2022 -083, where the city accepted a dedication of a property of approximately 70 acres to include 55.34 acres of open space and 16 acres of land aimed at restoration of the Riversidian Sage Scrub located at southeastern portion of the City of Fontana, located on the north by a Southern California Edison (SCE) utility corridor, on the west by Jurupa Hills, on the south by residential properties located within the City of Jurupa Valley, and on the east near Armstrong Road near the San Bernardino County community of Bloomington.
Goal 5: All Fontana residents live within walking or biking distance of a public park, and there are sufficient public parks to serve all areas of the city.
Action E: Implement the plan for a sports complex in the southern part of the city to provide recreational opportunities to residents there.
South Fontana Sports Park
During this review period, City worked to construct South Fontana Sports Park located in the southern part of the city, south on Santa Ana Avenue between Cypress and Juniper Avenues, comprised of four (4) lighted soccer/football fields with a tot lot, picnic areas, shade structures, parking lots, trellis, restroom, walking paths, concession buildings, and storage buildings. This project is listed as a priority one project in the Capital Improvement Program.
Goal 6: All public parks are designed and maintained to a high standard.
Action G: Perform a safety and maintenance audit of parks at least twice year, consulting with users if possible, and make any safety and maintenance improvements that are needed.
The Public Works Department regularly inspects parks and within this review period they had replaced rubber surfaces at Fernandez Park, Jurupa Park, Northgate Park, and Rosena West. Also, public facilities at Village of Heritage has be renovated to incorporate the following improvements: pool deck resurfacing, perimeter fence repair and repaint, and tot lot replacement. Other improvements during this review period at Walnut Village include Fence replacement and new exercise equipment at Seville Park.
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18 Chapter No. 8 – Community Mobility and
Circulation
This element of the General Plan focuses on transportation policies.
Updates:
Goal 7: The City of Fontana participates in shaping regional policies to reduce traffic congestion and green house gas emissions.
Action D: Support the adoption and use of technologies that reduce emissions from passenger and transit vehicles.
Industrial Commerce Centers Sustainability Standards Ordinance On January 25, 2020 the City Council adopted Ordinance No. 1879 to improve air and environmental quality by the creating a new Article (Industrial Commerce Centers Sustainability Standards) in Chapter 9 of the Municipal Code. This new section would include sustainability requirements for warehouse (industrial commerce center) projects to improve air and environmental quality.
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19 Chapter No. 15 -Land Use, Zoning, and Urban
Design
This element of the General Plan sets forth the policy framework for the physical development of Fontana. It is a guide for the decision -makers that sets the pattern, distribution, density and intensity of land uses that over time will assist the City in achieving the vision of Fontana for the future.
Updates:
Goal 2: Fontana development patterns support a high quality of life and economic prosperity.
Action A: Preserve, protect, and connect existing master - planned neighborhoods.
Foothill Mixed-Use Project
Fontana’s newest mixed -use development on Foothill Boulevard is comprised of 24 residential units, retail shops and a restaurant component along the Historic Route 66 Highway. It ’s located on the southside of Foothill Boulevard and east of Ilex Avenue.
Alta Fontana Mixed-Use Project
A mixed -use project that will create 340 units, 4 live work units and a commercial component. Within the project will included a pedestrian plaza, indoor courtyards, a clubroom, and pool courtyard. It ’s located on the southwest corner of Foothill Boulevard and Live Oak.
Begonia Residential Development
Begonia Residential Development will consist of 406 multi -family units with a pool and open lounge courtyard for its residents. It ’s located on the northwest corner of Foothill Boulevard and Tokay Avenue.
Real Journey Academies, Inc.— Charter High School
A new three -story, 51,000 square foot school that provides education grades 9th and 12th with a maximum capacity of 800 students.
Citrus Crossroads
A new shopping center that will host a grocery store, drive -thru establishments, and multi -tenant retail building that is located on the northeast corner of Citrus Avenue and South Highland Avenue.
Three (3) Lennar Homes projects: Sobrato Community, Citrus East, and Citrus West
The Sobrato Community will include 143 attached and detached residential dwelling units located in the north Fontana region located between Lytle Creek Road and Maloof Avenue, south of Sierra Lakes Parkway.
Citrus East is a gated residential community in the northern portion of the City that will consist of 75 cluster -style detached residential dwelling units. It ’s located on the northeast corner of Citrus Avenue and Summit Avenue.
Citrus West Project is a gated community that includes 85 residential units.
The project is located in the Citrus Heights North Specific Plan on the northeast corner of Citrus Avenue and Summit Avenue.
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Jurisdiction Fontana
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low Deed Restricted 0
Non-Deed Restricted 0
Low Deed Restricted 0
Non-Deed Restricted 0
Moderate Deed Restricted 0
Non-Deed Restricted 0
Above Moderate 839
Total Units 839
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
SFA 129 16 14
SFD 1100 289 443
2 to 4 26 63 4
5+ 1321 367 160
ADU 0 104 37
MH 0 0 0
Total 2576 839 658
Housing Applications Summary
Total Housing Applications Submitted: 30
Number of Proposed Units in All Applications Received: 3,010 Total Housing Units Approved: 1,376
Total Housing Units Disapproved: 0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining 0
Number of Streamlining Applications Approved 0
Total Developments Approved with Streamlining 0
Total Units Constructed with Streamlining 0
Units Constructed - SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2047 Agenda Date: 3/14/2023
Agenda #: L. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Proposed Distribution of Ad Valorem Taxes for LAFCO 3261 for reorganization and annexation of APN 0239-072-02 (Debris Basin for I-15 Logistic Project) to the City of Fontana and Detachment from County Service Area 70. The annexation area generally lies along the north side of Lytle Creek Road, and west of Sierra Avenue.
RECOMMENDATION:
Adopt Resolution No. 2023-015, accepting the proposed distribution of Ad Valorem taxes as requested by the San Bernardino County auditor controller’soffice for LAFCO 3261, which is for the reorganization and annexation to the City of Fontana and detachment from County Service Area 70 for APN 0239-072-02 (Debris Basin for I-15 Logistics project).
COUNCIL GOALS:
· Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
DISCUSSION:
Background:
On June 23, 2020, the City Council approved Annexation No. 16-001 for the annexation of approximately 146.8 acres of land into the City of Fontana city limits for the purpose of construction of an industrial commerce building totaling approximately 1,171,788 square feet. The approved annexation area general lies north of Interstate 15, west of Sierra Avenue, and along the south side of Lytle Creek Road.
Subsequent to the annexation of the 146.8 acres, the applicant (I-15 Logistics LLC) for the industrial commerce center initiated a second annexation (LAFCO 3261) request through the Local Agency Formation Commission (LAFCO) to annex an approximately 5.4-acre (APN: 0239-072-02) parcel into the city limits. The 5.4-acre property is located along the north side of Lytle Creek Road and west of Sierra Avenue as seen on Attachment No. 1. The parcel will include a debris basin that will serve the project.
Property Tax Sharing Agreement:
As part of the annexation process of the approximately 5.4-acre property, the City and County must agree on how the existing Ad Valorem taxes will be redistributed. Pursuant to state law, the City and County have 60 days to negotiate and agree to a transfer of these taxes and indicated its concurrence via an adopted City Council resolution. The County Board of Supervisors adopted a City of Fontana Printed on 3/9/2023Page 1 of 2
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File #: 21-2047 Agenda Date: 3/14/2023
Agenda #: L. Category: Consent Calendar
concurrence via an adopted City Council resolution. The County Board of Supervisors adopted a similar resolution on February 28, 2023, regarding the proposed percentage distribution of Ad Valorem taxes applicable to the area contained by the subject annexation proposal. These figures, as compiled by the San Bernardino County Auditor Controller’soffice, represent the estimated property tax revenue subject to transfer from the County to the City if the area is annexed. For a LAFCO hearing date to be scheduled, the City Council must adopt a resolution for this purposed property tax transfer on or before March 15, 2023. Without this resolution of acceptance, the application will be terminated from the LAFCO process. The resolution to be adopted is attached for City Council review and consideration.
Upon submittal of the resolution, LAFCO will continue to process the annexation of the approximately
5.4 acres into the City and detachment from County Service Area (CSA) 70 which provide various powers, such as, sewer, water, fire protection, weed abatement, animal control, and many other urban services. The detachment from the CSAs will assist in avoiding a duplication of service.
FISCAL IMPACT:
The existing annual Ad Valorem taxes collected by the County, on behalf of all taxing agencies, from the subject annexation area are $193.00 and will be transferred to the City upon annexation.
MOTION:
Adopt Resolution No. 2023-____, accepting the proposed distribution of Ad Valorem taxes as requested by the San Bernardino County auditor controller’s office for LAFCO 3261 for the reorganization and annexation to the City of Fontana and detachment from County Service Area 70 for APN 0239-072-02 (Debris Basin for I-15 Logistics project).
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Vicinity Map/Site Plan
Annexation Area
190
Annexation Area
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA ACCEPTING THE PROPOSED DISTRIBUTION OF AD
VALOREM TAXES AS REQUESTED BY THE SAN BERNARDINO
COUNTY AUDITOR-CONTROLLER’S OFFICE FOR LAFCO 32 61
WHICH IS FOR THE REORGANIZATION AND ANNEXATION TO
THE CITY OF FONTANA AND DETACHMENT FROM COUNTY
SERVICE AREA 70 FOR APN 0239-072-02 (DEBRIS BASIN FOR I- 15 LOGISTICS PROJECT).
SECTION 1. The City Council, as governing body of the City of Fontana, finds and determines that:
(A) Pursuant to Section 99 of the Revenue and Taxation Code, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdiction al change shall negotiate and det ermine by resolution the amount of property tax revenues to be exchanged between and among such local agencies.
(B) Except as provide in Section 99.1 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors of the County of San Bernardino shall, on behalf of the district or districts, negotiate any exchange or property tax revenues.
(C) The City Council of the City of Fontana and the Board of Supervisors of the County of San Bernardino have determined the amount of p roperty tax revenues to be exchanged as a result of the following jurisdictional change (Exhibit A attached):
LAFCO 3261 - REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF FONTANA AND DETACHMENT FROM COUNTY SERVICE AREA 70 FOR APN 0239-072-02 (DEBRIS BASIN FOR I-15 LOGISTICS PROJECT)
SECTION 2. The City Council of the City of Fontana herby resolves and orders that:
(A) The negotiated exchange of property tax revenues between the City of Fontana , County Service Area 70 and the County of San Bernardino, yields $ 193.00 resulting from the above-described jurisdictional change, is approved and accepted.
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Resolution No. 2023-