Agenda packet — Fontana City Council, December 12, 2023 (part 2 of 4)

ORDINANCE NO.1936

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 23-
003 TO AMEND MULTIPLE SECTIONS OF CHAPTER 30 OF THE

FONTANA ZONING AND DEVELOPMENT CODE, INCLUDING
SECTIONS 30-30 TO MODIFY APPEAL HEARING TIMEFRAMES,
DIVISION 24 TO PROVIDE FOR MINOR AND MAJOR PLANNED UNIT DEVELOPMENTS (PUDS), SECTION 30-417 TO REDUCE LANDSCAPE

SETBACKS FOR BUS TURNOUTS AND DECELERATION LANES,
SECTION 30-430 TO CREATE A DISTINCTION BETWEEN MAJOR AND MINOR PUDS, SECTION 30-434 AND SECTION 30-444 TO AMEND

DEVELOPMENT STANDARDS IN RESIDENTIAL ZONING DISTRICTS,
SECTION 30-435 TO MODIFY GARAGE DOOR DESIGN
REQUIREMENTS AND SECTION 30-451 TO PROVIDE ADDITIONAL
OPTIONS FOR RECREATIONAL FACILITIES WITHIN THE R-4 AND R-5

ZONING DISTRICTS PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES SECTIONS 15060(C) AND
16051(B)(3).

WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and WHEREAS, Government Code sections 50022.1 to 50022.10 authorizes a city to codify and recodify its ordinances; and
WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Code; and WHEREAS, the General Plan includes policies and actions calling for numerous updates to the Municipal Code; and
WHEREAS, Section 30-30 – Hearing date and notices, will be amended related to timing of appeals to provide staff additional time to facilitate the preparation the staff report and the associated documents; and
WHEREAS, Division 24 – Planned Unit Developments, will be amended to include specific provisions for major and minor planned unit developments (“PUD”). Discerning a difference between a Major and Minor PUD will provide flexibility in the development standards for the construction of single-family and multi-family residential projects, and would encourage residential development of infill properties; and 194
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WHEREAS, Section 30-417 will be amended to decrease landscaped setback requirements adjacent to the public right of way for certain public facilities to provide for more orderly site planning, such as when a bus turn out is adjacent to a development; and
WHEREAS, Section 30-430 will be amended to provide for Major and Minor PUDs, in Table No. 30-430, for R-1 and R-2 zoning districts; and WHEREAS, Section 30-434 will be amended to modify the development standards to include reduce standards and, which will encourage development of infill sites in the R-2 zoning district by streamlining and modifying the existing development standards and providing more flexibility; and
WHEREAS, Section 30-435 will be amended by allowing various design options for garage doors that developers can use based on the design of the home; and WHEREAS, Section 30-451 will provide flexibility related to allowable recreational facilities; and
WHEREAS, State law requires Zoning regulations to be consistent with the General Plan and therefore updating the Municipal Code would contribute to consistency with the General Plan; and
WHEREAS, a notice of the public hearing was published in the local newspaper on Saturday, September 23, 2023 and simultaneously displayed at City Hall; and WHEREAS, on October 3, 2023, the Fontana Planning Commission (“Planning Commission”) held a public meeting on City Code Amendment (MCA No. 23-003)where they received evidence and public testimony on the amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA.

This Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on October 3, 2023 and recommended that the Fontana City Council (“City Council”) approve the modifications to the Zoning and Development Code; and
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WHEREAS, the amendments in MCA No. 23-003 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 23-003 will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 23-003 are attached here to as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, the amendments in MCA No. 23-003 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, On November 3, 2023, the Planning Department sent out the notice to the surrounding property within 660 feet of the project site; and WHEREAS, on November 15,2023, the City Council held a public meeting on MCA No. 23-003 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 23-003 that was presented at its public hearing on November 15, 2023; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. CEQA. The City Council hereby determines that this project qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) (the common-sense exemption) , and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to improve the environment.
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SECTION 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 23-003 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The City initiated the Municipal Code Amendment to amend Chapter 30 to modify multiple sections, including modification to Section 30- 30 for the appeal hearing timeframes, Division 24 adding language to provide for minor and major planned unit developments (PUDs) which will provide flexibility and streamline the existing Medium Density Residential (R-2) zoning district development standards, Section 30-417 to include language to reduce landscape setback requirements to accommodate bus turn outs and deceleration lanes, Section 30-430 to provide additional language to distinguish between Major and Minor PUDs, Section 30-434 and Section 30-444 to provide additional language to be consistent with the PUD language, add language to streamline certain development within Medium Density Residential (R-2), and simplify the permitted uses table and development standards for the Medium Density Residential and Multiple Family (R-3) zoning districts, Section 30-435 to modify the garage door design requirements; and Section 30-451 to add language that will provide additional recreational facilities options within the Multi-Family Medium/High Density (R-4) and Multi-Family High Density Residential (R-5) zoning districts. These amendments would provide clarity, eliminate inconsistencies, and streamline City processes, and will improve implementation of the Municipal Code which will be beneficial to the community to promote public welfare and furthers good planning principals. The amendments will provide flexibility to various development standards which will allow for various housing developments and promote the public’s health and safety or general welfare.

SECTION 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in ZCA No. 23- 003, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.

SECTION 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from 197
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the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 12th day of December 2023.

READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 15th day of November 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of December 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
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ATTEST:
_________________________________________
City Clerk
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“EXHIBIT A”
Below are the Amendments to Chapter 30 of the Municipal Code.

Chapter 30, Article II. – Administrative Procedures, Section 30-30 of the Code is hereby restated and amended as follows:

Sec. 30-30. - Hearing date and notice.

Upon receipt of the notice of appeal, the body hearing the appeal shall set a date for hearing of the matter and give notice of the date, time and place of the hearing to the appellant at least ten days prior to the date of the hearing. The appeal hearing shall be scheduled no sooner than 30 days nor no later than 60 90 days from the date the application has been deemed complete. This time limit may be extended by mutual agreement of the City and the appellant.

Chapter 30, Article II. – Administrative Procedures, Division 24 of the Code is hereby restated and amended as follows:

DIVISION 24 – PLANNED UNIT DEVELOPMENT (PUD)
Sec. 30-323. Purpose.

This division establishes the regulations and procedures for the approval of a Planned Unit Development (PUD) project, Major and Minor. (1) Purpose. The purpose of this division is as follows:
a. To encourage within the density standards of the general plan and Zoning and Development Code the development of a more desirable living environment by application of modern site planning techniques and building groupings or arrangements that are not permitted through strict application of the present zoning and subdivision ordinances;
b. To encourage the reservation of greater open space and amenities for visual enjoyment and recreational use;
c. To encourage a more efficient, aesthetic and desirable use of land; and
d. To encourage variety in the physical development patterns of the City. (2) Intent. The intent of this division is to ensure that:
a. Planned unit development permits will be issued only where the subject parcel is large enough suitable to make innovative and creative site planning possible;
b. Applicants for planned unit development permits have the professional capability to produce a creative plan;
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c. The public's interest in achieving goals stated in the general plan will be served more fully through the planned unit development process than through application of conventional zoning regulations;
d. The advantages to landowners afforded by the planned unit development process will be balanced by public benefits; and e. Natural or man-made features and resources of the site such as topography, trees, watercourses, and the like are preserved.

Sec. 30-324. Authority.

The City Council is authorized to approve or deny general plan amendment applications. Minor Planned Unit Developments are allowed by-right in applicable zoning districts. The Planning Commission is authorized to approve or deny a Major Planned Unit Development application and to impose reasonable conditions upon approval.

Sec. 30-325. Uses permitted.

Only those uses permitted in the zoning district shall be permitted under conditions of this division.

Sec. 30-326. Development regulations.

Any project developed pursuant to this division shall comply with the following regulations, and any permit issued shall be subject to such provisions established as conditions of approval.
(A) Major Planned Unit Development
(1) Area of project. Planned unit development projects shall not be less than one acre in total area, except as modified below:
a. For residential projects or mixed-use projects where all units are affordable according to City standards, the minimum land area shall be the minimum lot area requirement of the zoning district in which the project is located.
b. For applications involving conversions of cooperatives to condominiums, the minimum lot area shall be the minimum lot area requirement of the zoning district in which the project is located.
(2) Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located.
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(3) Minimum area and dimensions of lot. The area, width and depth of individually owned parcels of land within the development shall be established as a condition of approval, based on the following factors:
a. Topography of the land.
b. The ground area covered by individual dwellings and
accessory structures.
c. Location of common open space and its relationship to the dwelling to be served.
d. Aesthetic relationships between individual units and open spaces. e. Yards and setbacks.

1. Front, side, and rear yards shall be established as a condition of approval. Building lines shall be indicated on the approved site plan map.

2. All buildings shall be set back from all perimeter lines of the project a distance not less than 15 feet for rear yards and 10 feet for side yard setbacks. Greater perimeter
setbacks may be required as a condition of approval.
(4) Distance between buildings. The distance between any two buildings within the project shall be established as a condition of approval but shall not be less than ten-foot between the edges of the eaves.
(5) Maximum building height. The maximum building height permitted in the zoning district shall apply.
(6) Required on-site parking.
a. The number of required parking spaces shall conform to provisions of Article XI.
b. The location and arrangement of parking shall be subject to review by the Planning Commission.
(7) Walls, fences, and landscaping.
a. Appropriate walls, fencing and landscaping around the perimeter of the project shall be required.
b. A landscaping plan for all common open areas shall be submitted with required plans. Approval of the landscape element shall include approval of an acceptable watering system, and
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assurance of continued maintenance.
(8) Signs. The provisions of the zoning district in which the project is located shall apply.
(9) Access.
a. Vehicular access shall be subject to review and approval of the Planning Commission.
b. Conflicts between pedestrian and vehicular circulation shall be minimized. Where such conflicts exist, adequate safety measures shall be in place to protect pedestrians.
c. All pedestrian access to common recreation and open areas shall be subject to review and approval of the Planning Commission. d. Amenities adjacent to drive aisles and streets shall be separated by a physical barrier (i.e. low walls).
e. A variety of pavement textures and colors are required for streets, access ways and driveways, including stamped concrete, pavers, colored concrete and interlocking paving materials.
(10) (9)Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall not be less than the requirements established by the zoning district.
(11) (10)Common open space elements. The Planning Commission shall review and approve the location, intent, landscape treatment and method of maintaining each common open space or
recreational elements proposed. The Planning Commission may require, as a condition of approval, such improvements as fencing, walls, and/or landscaping necessary to protect abutting residential development.
(12) (11)Fencing. All fences and walls shall be constructed of durable, long- lasting materials. Walls constructed of concrete block shall vary in texture, color, and/or incorporate landscaping in order to provide visual relief. Wood, chain link fencing, and barbed wire are prohibited.
(13) (12)Amenities/recreational uses. Active and passive recreational uses shall be encouraged, including greenbelts, hiking and walking trails, parks, swimming pools, spas, barbecue areas and sports courts. The design of such recreational uses shall be properly integrated into the overall design of the project.

Amenities adjacent to drive aisles and streets shall be separated by a physical barrier (i.e. low walls)
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(14) (13)Private yards. Private yards shall be of sufficient size to be useable for passive outdoor use by occupants.
(15) (14)Orientation. Buildings shall be oriented and located in such a manner as to maximize views and privacy and minimize exposure to intrusive elements such as noise, traffic and negative views. (16) (15)Nuisance factors. The Planning Commission may impose standards, including restrictions on operating hours, for nuisance factors such as lighting, noise, vibrations, smoke, dust, dirt, odors, gases, heat, glare, or other physical impacts.
(17) (16)Natural features. The development shall incorporate, where possible, natural terrain and trees or other vegetation into the overall design of the project.
(18) (17)Other conditions. The Planning Commission may impose other conditions that it deems necessary or desirable to ensure that the project will be established, operated, and maintained in accordance with this division and all other requirements of this chapter and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (B) Minor Planned Unit Development – Where a conflict exists between the standards in this section and those pertaining to the underlying zoning district, this section shall take precedence.
(1) Area of project. Minor Planned Unit Development projects shall be located on sites that meet the following criteria:
a. Located within one of the following zoning districts:

1. Single-Family Residential (R-1)

2. Medium Density Residential (R-2) zoning
districts, and
b. Located where at least 80 percent of the land within a 300- foot radius of the site has been developed, and
where water, sewer, streets, schools and fire protection are provided.
c. Not larger than three (3) acres in size.
(2) Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the 204
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project is located, except in cases of utilizing units from any allowable density bonus program.
(3) Minimum area and dimensions of lot. The area, width and depth of individually owned parcels of land within the development shall be established as part of the Minor Planned Unit
Development approval, with a maximum deviation of 20% from the requirements of the applicable zoning district, based on the following factors:
a. Topography of the land.
b. The ground area covered by individual dwellings and
accessory structures.
c. Location of common open space, if provided, and its
relationship to the dwelling to be served.
d. Aesthetic relationships between individual units and open spaces.
(4) Yards and setbacks.
a. Front, side and rear yards shall be permitted to deviate from the requirements of the underlying zoning district a maximum of 20% from the requirements of the applicable zoning
district. Front, side, and rear yards shall be established as part of the Minor Planned Unit Development approval.
(5) Lot coverage. Lot coverage shall be established as part of the Minor Planned Unit Development approval, with a maximum deviation of 20% from any applicable lot coverage of the zoning district.
(6) Distance between buildings. The distance between any two buildings within the project shall be established as part of the Minor Planned Unit Development approval but shall not be less than six-feet between the edges of the eaves.
(7) Maximum building height. The maximum building height permitted in the zoning district shall apply.
(8) Required on-site parking.
a. The number of required parking spaces shall conform
to provisions of Article XI.
b. The location and arrangement of parking shall be
determined as part of the Minor Planned Unit Development approval.
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(9) Walls and fences.
a. Fences and walls shall be designed to be an attractive part of the project with materials and designs that are compatible with the exterior building materials and demonstrate design integrity with the project as a whole. Wood fencing, chain link or chain link with slats, and barbed wire shall be prohibited. (10) Landscaping.
a. Landscaping shall meet the requirements of Article X (General Landscape Requirements)
b. Landscaping shall be incorporated to create an attractive visual for residential units, to provide privacy for adjacent residential units and to create useable open space when possible.
c. The landscape design shall provide shade and accent
plant materials of distinctive texture and color.
d. A tiered planting plan shall be proposed and installed.

1. A minimum of three tier types that include
a combination of groundcover, shrubs, and
specimen trees shall be incorporated.

2. Different scales, forms, colors and/or
textures of plant materials shall be used as “tiered”
planting visually increases the depth of planters
and promotes interest and diversity.

3. The tiered concept shall be applied to
areas facing the right-of-way and in front of
individual residential units or multi-family housing
projects.
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(11) Signs. The provisions of the zoning district in which the project is located shall apply.
(12) Access and paving.
a. Decorative pervious paving shall be incorporated into paved and landscaped areas in order to enhance the appearance of the project, reduce the visual impact of paved surfaces and act as a traffic calming measure.

1. Decorative paving, including stamped concrete, pavers, brick, grasscrete, interlocking paving materials and other comparable materials, shall be used for all drive aisles in the entire development.
b. Conflicts between pedestrian and vehicular circulation shall be minimized. Where such conflicts exist, adequate safety
measures shall be in place to protect pedestrians.
c. The development shall include entry monumentation to provide an aesthetically pleasing, “celebrated” entry statement. The development shall provide all of the following components:

1. A minimum of two 36 inch box trees.

2. Uplighting on the building and landscaping.

3. Architectural elements, such as columns, pergolas, low walls, and similar elements with signage identifying the community and/or address.
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(13) Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall established as required by the applicable zoning district.
(14) Architectural design and site criteria. All criteria in Sec. 30-435 and 30- 477 shall apply to projects utilizing the Minor Planned Unit Development.
(15) Orientation. Buildings shall be oriented and located in such a manner as to maximize views and privacy and minimize exposure to intrusive elements such as noise, traffic and negative views.

End units shall be oriented toward, and take access from, the public right-of-way.
(16) Frontage and Entries. Each residential unit taking access from the ground floor shall incorporate one of the following frontage types:
a. Porch. In the porch frontage type, the main façade of the building has a small-to-medium setback from the
frontage line. The resulting front yard is typically small and can be defined by a wall or fence to spatially maintain the edge of the street. The engaged porch has two
adjacent sides of the porch that are attached to the
building while the other two sides are open.
b. Dooryard. In the dooryard frontage type, the main facade of the building is set back a small distance and the
frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised,
sunken, or at grade and is intended for ground-floor
residential.
c. Stoop. In the stoop frontage type, the main facade of the building is near the frontage line and the elevated stoop 208
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engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for
residential uses with small setbacks.
(17) Natural features. The development shall incorporate, where possible, natural terrain and trees or other vegetation into the overall design of the project.

Sec. 30-327. General requirements.
(a) Phased development. A proposed Major Planned Unit Development project that is phased over time shall be accompanied by a schedule establishing approximate dates when each phase shall be complete. Each phase of a phased development shall include its pro-rata share of total planned common space, facilities, services, and inclusionary units, as applicable. (b) Common areas. Where common areas or facilities are proposed, an operation and maintenance program shall be prepared.
(c) Development agreements. Completion time and complexity of proposed planned developments may make desirable a development agreement between the project applicant and the City. Any such development agreement shall be subject to the provisions of Division 23, of this article herein.

Sec. 30-331. Findings for approval.

Before the Planning Commission may grant a Major Planned Unit Development permit, it must make all of the following findings:
(1) The proposed project conforms to the general plan and is consistent with the purposes and requirements of this division.
(2) The uses within the project are compatible.
(3) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity.
(4) The project is consistent with any adopted design guidelines applicable to the project area.
(5) The overall project reflects a high level of development and design quality that will enhance and benefit the City as a whole.
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(6) The proposed project will be served by adequate water, sewer, public utilities, and services, and will have adequate vehicular and pedestrian access to ensure that it will not be detrimental to the public health, safety, or welfare.

Sec. 30-333. Hearing – Planning Commission. Approval Process. (1) Major Planned Unit Development
(a) Upon the filing of a complete application for amendment to the text or land use map of the general plan, the matter shall be set for hearing before the Planning Commission for recommendation to the City Council. Applications for general plan amendments shall be heard four times (approximately quarterly) per year. The filing deadlines for such applications shall be set at a date no closer than 51 days prior to the appropriate meeting date. the required entitlements for a proposed residential development requesting to utilize the Major Planned Unit Development, the matter shall be set for hearing before the Planning Commission.
(b) The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the general plan. The Planning Commission shall also have the authority to forward the application to the City Council for consideration.
(c) If the decision of the Planning Commission is to deny an application requesting the change of general plan amendment, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein.
(d) The Planning Commission shall also have the authority to forward the application to the City Council for consideration. (2) Minor Planned Unit Development
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(a) Minor Planned Unit Developments are allowed by-right in applicable zoning districts. Compliance with the development standards in this Division is required for approval of the Minor Planned Unit Development application but does not preclude the proposed development from being subject to other required review and approval for site, architectural, subdivision, and other applicable applications
Chapter 30, Article IV. – Zoning District, Section 30-417 of the Code is hereby restated and amended as follows:

Sec. 30-417 – Setback requirements.
(a) Required setback. Any person constructing, erecting, enlarging, or relocating a structure or portion of any structure fronting or siding on any street, highway, or other right-of-way for vehicular travel shall place such structure no closer to the right-ofway than as indicated by the development standards outlined in the various zoning districts.
(b) Greater setback may be required. Where a setback distance clearly exists as a general pattern in a particular block or area, the setback requirements for the area shall be no less than the distance established by the existing setback pattern in the block or area, as determined by the approval body.
(c) Lesser setback. The approval body may adopt by resolution a lesser setback line by way of variance along any street or highway when the existing setback of buildings or structures in an area necessitates a modification in the highway crosssection standard for that street or highway or as determined by the City Engineer. (d) Location of centerline. In those cases where there is a question as to the location of the official centerline of the street or highway, the City Engineer shall determine the precise location of the centerline.
(e) No use or storage within setbacks. All used car lots, parking lots, gasoline pump islands, or similar open storage or use, shall be designed, located, and maintained in such a manner as to comply with the building setback provisions as set forth in this pursuant to the appropriate article herein. Auto display areas for car sales may be approved in a required setback area with a conditional use permit pursuant to the appropriate article herein. No utility transformer shall be located within any street/highway setback area.
(f) Projection into landscape setbacks along public rights-of-way. A landscape setback along public rights-of way may be reduced by up to 50% where a deceleration lane or bus bay would result in an encroachment into the required landscape setback area.
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a) The reduced landscape setback area shall be no more than the length of the required deceleration lane or bus bay, as determined by the City Engineer.
b) Does not include any reduction of the landscaped area requirement or landscape screening requirement for parking areas.

Chapter 30, Article V. – Residential Zoning District, Section 30-430 of the Code is hereby restated and amended as follows:

Sec. 30-430. Uses permitted.
(a) Uses by zoning district. Table No. 30-430 lists the uses permitted in each of the residential zoning districts. A "P" indicates a use is permitted by right, a "C" indicates the use requires the granting of a conditional use permit, and "—" means the use is not permitted in that zoning district. (b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Section 30-432. Conditional uses are subject to the provisions in Section 30-433.

Table No. 30-430
Permitted Uses in Residential Zoning Districts
Use R-E R-1 R-2 R-3 R-PC
A. Residential Uses
Single-Family Detached Dwelling P(a) P(a) P(a) P(a) P(a) Single-Family Attached Dwelling — — P P —
Planned Unit Development - Major — C C C —
Planned Unit Development – Minor — P — P — —
Multiple-Family Dwelling — — P P —
Senior Housing C C C C C
Manufactured Home P P P P P
Accessory Dwelling Unit P P P — P
Group Home—Licensed (One to Six Persons) P P P P P
Group Home—Licensed (Seven or More
Persons)

C C C C C
Mobile Home (Not in a Mobile Home Park) — — — — —
Mobile Home Park P P P P P
Boarding Home (2 Rooms or Less) P P P P P
Boarding Home (3 or More Rooms) — — C C —
B. Other Uses
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Ambulance Building—PPPP
Assisted Living Facility (Senior or Otherwise)CCCCC
Automobile Sales (Wholesale Internet Only, No
Display)
PPPPP
CemeteryCCCCC
Child Care (One to Seven Persons)PPPPP
Child Care (Eight to 14 Persons)MMMMM
Clubs, Civic, Community or Private——CCC
Convalescent or Nursing HomeCCCCC
Equestrian Facility (Other Than Private Stable)C————
Fire Stations/Police StationsPPPPP
Golf Courses and Accessory UsesCCCCC
Governmental Buildings and UsesCCCCC
Parolee HousingCCCCC
Philanthropic and Charitable Organizations——CCC
Places of AssemblyCCCCC
Public Park or PlaygroundPPPPP
Public Utility and Public Service StructuresCCCCC
Residential Care Facility—License (Six or Fewer
Persons)
PPPPP
Residential Care Facility—Licensed (Seven or
More Persons)
CCCCC
Schools, Private or ParochialCCCCC
Schools, PublicPPPPP
Stable, Private P*————
C. Accessory Uses
Accessory dwelling unitsPPPPP
Accessory StructuresPPPPP
Agricultural Uses P*————
Animals, Small—Keeping and Raising P* P* P* P* P*
Animals, Large—Keeping and Raising P*————
Antenna, ReceivingPPPPP
Antenna, Transmitter, Cellular PolesCCCCC
Commercial Vehicle Parking—————
Garage, Private P* P*PPP
Carports P* P* P* P* P*
Guest HousePP——P
Home Occupation P* P* P* P* P*
Junior accessory dwelling unitsPPP—P
Private Swimming Pool P* P* P* P* P*
Oversized Vehicle Parking P* P* P* P* P*
Tennis Courts, PrivatePPPPP
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D. Temporary Uses
Construction Trailers P* P* P* P* P*
Sales or Rental Office P* P* P* P* P*
(a) Only one single-family dwelling is permitted per legal parcel. An Accessory Dwelling Unit (ADU) may also be permitted if all requirements of the Municipal Code are met. Subdivisions of property for the purpose of single-family development requires approval of a tentative tract map or parcel map.

Chapter 30, Article V. – Residential Zoning District, Section 30-434 of the Code is hereby restated and amended as follows:

Sec. 30-434. Residential development standards in R-E, R-1, R-2, R-3, and R-PC.

See Sec. No. 30-444 for additional requirements pertaining to properties in the R-2 and R-3 zoning districts.

Table No. 30-434
Residential Development Standards
R-E R-1 R-2 R-2 R-3 R-PC
Maximum
permitted number of
dwelling units per
adjusted gross acre

2.0 5.0 7.6
detached
or
up to 12.0,
subject to
Minor
PUD
standards

5.1-12.0
attached
or multifamily

12.0-24.0 3.0
Lot Dimensions, Lot Size, and Lot Coverage
Minimum width @
required front
setback
80-foot 60-foot 50 40-foot
(a)
N/A N/A 70-
foot
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Minimum width @
front P/L
80-foot 60-foot 50 40-foot
(a)
200-foot
50-foot
200-foot 70-
foot
Minimum flag lot
frontage @ front P/L

N/A N/A N/A N/A N/A N/A
Minimum depth 150-foot 100-foot 75 90-foot
(a)
300-foot
90-foot
300-foot 100-
foot
Minimum lot size
(sq. ft.) (r)
21,780 6,000
with
an
average
of 7,200
3,000(a)
5,000 with
an
average
5,445
5 acres
5,000
with an
average
of 5,445
5 acres 10,00
0 Maximum lot
coverage (as a
percent of adjusted
gross acreage of
total site)
45% 45% 50% 50% 50% 45%
Single-Family Minimum Dwelling Unit Size
Minimum dwelling
unit size (sq. ft.),
one-story
2,000 1,200 1,200 MultiFamily
Minimum
Dwelling
Sizes
below
MultiFamily
Minimum
Dwelling
Sizes
below
2,000
Minimum dwelling
unit size (sq. ft.),
two-story (e)
2,000 1,200 1,200 MultiFamily
Minimum
Dwelling
Sizes
below
MultiFamily
Minimum
Dwelling
Sizes
below
2,000
Minimum dwelling
unit size (sq. ft.) infill development,
N/A 1,200 1,200 N/A N/A N/A
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one- and two-story
(e)
Minimum dwelling
unit size (sq. ft.)
affordable/density,
one- and two-story
See
Table
30-
437.A.

Density
Bonus
See
Table
30-
437.A.

Density
Bonus
See Table
30-437.A.

Density
Bonus
See
Table
30-
437.A.

Densit
y
Bonus
See
Table
30-
437.A.

Densit
y
Bonus
Multiple-Family Minimum Dwelling Size (Standard, Senior and Affordable Housing)
Studio N/A N/A N/A 550 sq.
ft.
550 sq.
ft.

N/A
One bedroom N/A N/A N/A 600 sq.
ft.
600 sq.
ft.

N/A
Two bedrooms N/A N/A N/A 800 sq.
ft.
800 sq.
ft.

N/A
Three or more
bedrooms
N/A N/A N/A 900 sq.
ft.
900 sq.
ft.

N/A
Multiple-Family Minimum Dwelling Size (Seniors)
Studio N/A N/A N/A 550 sq.
ft.
550 sq.
ft.
550
sq. ft.

One bedroom N/A N/A N/A 600 sq.
ft.
600 sq.
ft.
700
sq. ft.

Two bedrooms N/A N/A N/A 800 sq.
ft.
800 sq.
ft.
900
sq. ft.

Three or more
bedrooms
N/A N/A N/A 900 sq.
ft.
900 sq.
ft.
1,000
sq. ft.

Multiple-Family Minimum Dwelling Size (Affordable)
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Studio N/A N/A N/A 550 sq.
ft.
550 sq.
ft.

N/A
One bedroom N/A N/A N/A 600 sq.
ft.
600 sq.
ft.

N/A
Two bedrooms N/A N/A N/A 800 sq.
ft.
800 sq. ft. N/A
Three or more
bedrooms
N/A N/A N/A 900 sq.
ft.
900 sq. ft. N/A
Maximum Building Heights
SingleFamily/Detached(d)
35-foot 35-foot 35-foot N/A N/A 35-
foot
MultiFamily/AttachedN/A N/A N/A 55 35-foot 55-foot N/A Single-Family Setbacks Building to P/L
Front 30-foot 22-foot 2218-foot N/A
22-foot
25-foot 25-
foot
Side, Interior TwoStory15-foot 5-foot
min./15-
foot
aggrega
te (e)
5-foot N/A
5-foot
5-foot
min./15-
foot
aggreg
at e
5-foot
min./2
0-foot
aggre
gate
Side, Interior
Single-Story
15-foot 5-foot (e) 5-foot N/A
5-foot
N/A 5-foot
min./2
0-foot
aggre
gate
Side, Corner lot 15-foot 10-foot 10-foot N/A
10-foot
10-foot 15-
foot
Rear 30-foot 20-foot 2015-foot N/A
20-foot
20-foot 20-
foot
Single-Family Patio and Enclosed Patio Setbacks
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Rear 15-foot 10-foot 6-foot 6-foot 10-foot 15-
foot
Side 15-foot See (c) 5-foot N/A
5-foot
Single-Family one-story open sided patios of 200 square feet and less. See Note (9) Rear 3-foot 3-foot 3-foot
Side 3-foot 3-foot 3-foot
Single-Family Balcony Setbacks
Rear 15-foot 10-foot 6-foot 6-foot 10-foot 15-
foot
Side 15-foot 5-foot N/A
5-foot
Multi-Family Parking Setbacks to P/L
Major or primary N/A N/A N/A 25-foot 25-foot N/A
Secondary or
collector
N/A N/A N/A 20-foot 20-foot N/A
Local N/A N/A N/A 15-foot 15-foot N/A
Multi-Family Open Space Requirements
Open space, private
ground/upper floor
(sq. ft.), minimum
N/A N/A N/A 150/100 150/100 N/A
Open space,
common, as a
percentage of
adjusted gross
acreage of project
area, minimum
N/A N/A N/A 35% 35% N/A
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Open space,
useable, (combined
total of private and
common open
space), as a
percentage of
adjusted gross
acreage of project
area, minimum
N/A N/A N/A 40% 40% N/A
Landscape
Requirements
See
Article X
See
Article X
See
Article X
See Article
X
See
Article
X
See
Article
X
Recreational
Facilities
N/A N/A See
Section
No.
30-451
See
Section
No.
30-451
See
Sectio
n No.
30-451
N/A
Amenities N/A N/A See
Sec. 30-
344
See Sec.
30-
344
See
Sec.
30 -
344
N/A
N/A = Not Applicable.

Notes:
(a) Developments with detached units utilizing a condominium map for subdivision shall not be subject the minimum lot size, dimensions and interior property line setbacks.
(b) Additional Standards Pertaining to Development in the R-2 and R-3 Zoning Districts Notes:
(1) Minimum width of cul-de-sac lots and "knuckles" shall be 42 linear feet as measured at the property line. The Planning Commission may reduce this minimum requirement provided the applicant submits the tentative tract map and design review concurrently along with a plotting exhibit (showing the footprint and driveway of each dwelling unit located on a cul-de-sac or knuckle) demonstrating parking compliance to the satisfaction of the Director of Community Development Planning.
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(2) For single-family residential lots, the Planning Commission may vary the minimum lot width or depth by ten percent for particular lots, due to unique or special circumstances, and/or parcel of unusual configuration. For lots located on a cul-de-sac or knuckle, the lot depth can be calculated by averaging both side property lines provided the average is not less than the specified lot depth for that zoning district.
(3) Side setbacks for patios in the R-1, R-2 and R-PC shall be consistent (equal to or greater) with the side setback for any existing dwelling unit. (4) Each dwelling unit built within any residential zoning district shall provide a minimum one-half bath ("powder room"), consisting of at least a water closet (toilet) and sink, on the first or ground floor when such first or ground floor contains habitable living space.
(5) In hillside areas, structure heights shall be limited to 25 feet as specified in Section 30-630 (hillside overlay).
(6) For lots located on a cul-de-sac or knuckle, the rear setback can be calculated by averaging both rear corners of dwelling provided the average is not less than the specified setback for that zoning district. (7) Where any door (excluding a service door to an attached garage) opens onto a side setback area from habitable living space, that side setback area shall be increased to 10 feet.
(8) Any garage which fronts on, or opens onto, a street shall be setback at least 22 feet.
(9) For one-story open sided detached patio covers of 200 square feet or less in R- 1, R-2, and R-PC, the setback shall be no less than three feet to the rear property line and no less than three feet to the interior side property line. (10) Development standards apply to attached or multi-family projects of 7.7 to 12 du/ac.
(10) (11) For allowed projections into required setback area, see Section 30-441, projections into setbacks.
(11) (12) For setbacks pertaining to accessory buildings and structures see Section 30-461 (accessory buildings and structures).
(12) (13) The habitable living space of a building may be allowed to encroach into the required front setback in compliance with the plotting and design criteria; 220
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in no case, however, shall the garage portion of a building encroach into the required front setback, except as provided for by [subsection] (14 13). (13) (14) Side-on garages may be allowed to encroach into the required front setback up to a maximum of six feet.
(14) (15) For the purposes of this section, subterranean or partial subterranean parking shall not be considered a floor/story for the purpose of determining building setbacks.
(15) (16) "Alternative" minimum standards may be established with an approved conditional use permit pursuant to Article II, Division 24, (planned unit development regulations).
(16) (17) For existing legal lots smaller than this minimum see Section 30-414 (lot size conformance).
(17) (18) Corner lots shall have a width of not less than 65 feet (see Section 26- 180(1), area and width of lots).
(18) (19) The 15-foot aggregate pertains to new single-family residential development only.
(19) (20) All setbacks shall be measured from the main structure, not the overhang. (20) (21) Two-story multi-family units shall be required to provide a minimum of 100 square feet of private open space, either on the first or second floor.

Multi-family units located above the ground floor shall be required to provide a minimum of 75 square feet.
(21) (22) Existing legal lots of record located in any residential zoning district may be developed pursuant to the required development standards identified in the applicable zoning district.

Chapter 30, Article V. – Residential Zoning District, Section 30-435 of the Code is hereby restated and amended as follows:

Sec. 30-435. - Plotting and design criteria.

The following shall comply with new design reviews. Variations and possible additional criteria may be added by the Planning Commission to individual design reviews based upon Planning Commission consideration of individual circumstances:
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(1) No two adjacent homes using the same floor plan shall have the same exterior color scheme/treatment.
(2) Adjacent homes shall have varying setbacks. Minimum variation shall be four feet unless located on a curvilinear street, which provides a varied street scene, and then the variation shall be three feet. When one-story and two-story homes are adjacent, the two-story home shall have the larger front setback. (3) Window mullions shall be provided on first, second, and third story windows of all elevation seen from public view, as approved by the Planning Commission.

The mullions shall be provided in a variety of shapes.
(4) Trim with a stucco covering may be painted in a contrasting color. The contrasting color should be color compatible with the trim color. (5) Homes with a trim (band) feature, which distinguishes the first and second floors, should have the band on the front, side, and rear elevation of the homes. (6) A variety of designs (window and door pattern) shall be used on car garage doors, with no two adjacent homes that have the same floor plan and elevation shall use the same garage door/window pattern. In no case shall more than three homes of any floor plan or elevation have the same garage door/window pattern in a row. The applicant shall provide a color board indicating proposed garage door colors and window patterns for Planning Commission approval.
(7) Wall-mounted decorative lighting fixtures at a minimum of 18 inches in height shall be provided at the front porch and on each side of the garage door. A sample of lighting types shall be provided for Planning Commission review and approval.
(8) All front doors shall provide decorative treatment. A sample of door treatments shall be provided for Planning Commission review and approval.
(9) All utility boxes shall be landscaping with shrubs or other low-profile landscaping. A sample of landscaping/landscaping treatments shall be provided for Planning Commission review and approval.
(10) The Community Development Director Director of Planning, or his/her designee, shall have the authority for minor architectural changes focusing around items such as window treatments, color combinations, facade treatments, and architectural relief. Questions on the interpretation of this provision or changes not clearly within the scope of this provision shall be submitted to the Planning Commission for consideration under a revision to 222
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the design review.
(11) All lots shall provide decorative hardscape within the concrete walkways leading to the front door of the house in order to complement the home's exterior architectural elements. (Example: If the home uses rock, brick, or other similar material on the exterior of the house, these materials shall be incorporated into the walkways along with decorative trowled bands; decorative patterned scoring; exposed aggregate finishes; stamped concrete, etc. This requirement shall be identified on the phasing site plan that is submitted to the Building and Safety Division for plan check. A detail of the types of hardscape to be used on the walkways shall also be shown on the phasing site plan.)
(12) Steel gates with privacy screening (defined as material used on the steel gate to obscure the view of the back yard from the street) shall be required for side yards. A sample of gate privacy screening treatment shall be provided for Planning Commission review and approval.

Chapter 30, Article V. – Residential Zoning District, Section 30-444 of the Code is hereby restated and amended as follows:

Sec. 30-444. Additional development standards in R-2 and R-3 zoning districts.

Residential development standards are basic standards designed to create quality residential developments. The residential development standards indicated in Table No. 30-434 (residential development standards) and Table No. 30-437 (density bonus residential development standards) serve as the minimum standards controlling development. In addition to the applicable standards indicated in Table No. 30-434 and Table No. 30-437, the following standards shall be required of all multiple-family residential developments in the R-2 and R-3 zoning districts. (1) Building separation. Table No. 30-444 sets forth specific standards for minimum building separation and setbacks as follows:

Table No. 30-444
Building Separation Requirements
Building (b) Setback and Separation (in feet) to Adjacent Zones
R-2 R-3
R-E 75-foot 75-foot
R-1 25-foot 25-foot
R-2 25 10-foot 25 10
25-
foot
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R-3 15 10-foot 15 10-
foot
R-PC, Single-Family 75 20 25-
foot
75 20
50-
foot
R-PC, Specific Plan (single-family/multi-family) 25-
foot/15-
foot
25-
foot/15-
foot
All other zoning districts 20-foot 20-foot
R-2 R-3
Single-Family Detached – Minimum Building to Building 10-foot 10-foot Single-Family Detached – Minimum Distance to Public
Right
15-foot 15-foot
Attached/Multi-Family Building to Public Rights-of-Way
(streets)
R-2 R-3
Major or primary 30-foot 30-foot
Secondary or collector 25-foot 25-foot
Local 20-foot 20-foot
Attached/Multi-Family - Minimum Building to Building
Distance
R-2 R-3
Front to front 35 25-foot 35 25-
foot
Front to side 35 25-foot 35 25-
foot
Front to rear 35 25-foot 35 25-
foot
Rear to side 25 15-foot 25 15-
foot
Rear to rear 25 15-foot 25 15-
foot
Side to side 20 15-foot 20 15-
foot
Parking and drive aisle setbacks to adjacent zoning
districts
R-2 R-3
All residential 10-foot 10-foot
All other 10-foot 10-foot
Parking setback to public rights-of-way (streets) (h) R-2 R-3 Major or primary 25-foot 25-foot
Secondary or collector 20-foot 20-foot
Local 15-foot 15-foot
Private street or driveway 5-foot 5-foot

1. Additional Standards Pertaining to the R-2 and R-3 Zoning Districts Notes:
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i. For the purpose of this table, accessory structure means a subordinate structure which is incidental and not attached to a building but is on the same lot. If an accessory structure is attached to the building, or if the roof is a continuation of the building roof, the accessory structure shall be considered an addition to the building.
ii. Building shall mean dwelling units. For purpose of this table, building setback standards shall be for two-story development, setback standards may be modified by other lettered notes herein.
iii. Subtract ten feet for a single-story dwelling unit or a multi-story dwelling unit having a single-story element with a depth of at least ten feet. iv. "Front" is defined as that face of the building or unit with a major glass area and/or major private recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive; therefore, some buildings may have more than one "front" under this definition. v. The "rear" of a building is defined as the point or area farthest from the front. Where a building is identified to have two fronts the building may be considered not to have a rear facing. For the purpose of this table, zoning districts are not considered adjacent if separated by a dedicated public right-of-way of more than 50 feet in width.
vi. Balconies, patios (uncovered and covered), patio fences/walls, porches, and similar liked structures may project into the setback area up to a maximum of six feet, providing, however, that such structures shall never be separated by less than 15 feet (horizontal).
vii. Buildings may be staggered to encroach into the required setback up to a maximum of five feet, provided there is an equal or greater setback at the opposite/other face of the building. Such staggered encroachment shall be averaged so that for each building which encroaches into the setback, another building will offset such encroachment by an equal number of feet along the same frontage.
viii. Where there is a grade differential between properties of greater than ten feet (as determined by the precise grading plan), the setback requirement may be modified as follows: when the building is at the lower grade, the required setback may be reduced by one linear foot for each three vertical feet of difference. Where the building is at the higher grade, the required setback shall be increased by one linear foot for each three vertical feet of difference. Such modification to the required setback shall be limited to a maximum of ten feet.
ix. The pedestrian walkway may project into the setback area provided a minimum ten-foot area is maintained free and clear for landscaping.

2. Separation of accessory buildings, parking areas, and vehicular access ways.
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a. Distance between an accessory building and side and rear property lines shall be no less than ten feet. Where the adjacent zoning district is non- residential or for safety, as determined by the Police Department, garages and carports may encroach a maximum of 50 percent into the required width of the side or rear setback.
b. Distance between two accessory buildings shall be no less than ten feet. c. Distance between an accessory building and any dwelling unit shall be no less than 15 feet.
d. Distance between open, guest parking areas and any dwelling unit shall be no less than ten feet.
e. Distance between vehicular access way and any dwelling unit shall be no less than ten feet.
f. If a carport is located no less than ten feet from a side or rear property line, the rear wall of the carport may have openings to allow view and accessibility to an adjacent landscaped area, as illustrated in the design guidelines. g. Detached assigned and/or required parking stalls, carports and enclosed garages shall be located no more than 150 feet from the dwelling unit they serve, unless otherwise approved by the Director of Community Development Planning.

3. Minimum driveway access width. Minimum access way width of 26 feet is required for all access drives serving multiple-family developments. A minimum access way width of 30 feet is required for all access drives serving multi-family developments of three stories or more.

4. Water heaters. Each dwelling unit shall have a separate hot water heater or may be provided with a centralized circulation water heating system sufficient to serve all dwelling units on the property.

5. Laundry facilities. All multiple-family residential units shall be provided washer and dryer hookups and laundry space with the unit or garage. The laundry area shall not infringe upon garage parking area. In the case of apartments, common laundry facilities may be included in addition to the individual unit hookups.

6. Storage facilities. A separate area having a minimum of 125 cubic feet of private and secure storage space shall be provided for each unit. a. Said storage area may be located within an attached garage, provided it does not interfere with garage use for automobile parking.
b. Normal closet and cupboard space within the dwelling unit shall not count toward meeting this requirement.
c. No storage shall be in carport area. Storage in carport areas shall be over hood or overhead. Over hood storage shall provide a minimum of four feet of clearance and overhead storage shall provide eight (8) feet of clearance. 226
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d. Enclosed garages are required to provide 125 cubic feet of storage cabinet space, or 125 cubic feet of storage space may be provided elsewhere on the site.

7. Garage doors. All garages shall be provided with sectional garage doors and automatic garage door openers.

8. Dwelling entries.
a. All units shall be provided with standard door locks and dead bolts. No dwelling entry shall be located with direct, uninterrupted, unimpeded access to a primary or secondary arterial street.

9. Refuse storage areas. Individual trash receptacles for each unit shall only be permitted with an approved site layout of refuse pick-up by the City and Burrtec the authorized refuse hauler. Projects that do not have an approved plan shall provide standard refuse storage facilities for the containment of standard receptacles based on the following requirements:
a. Number of receptacles.

Number of Units Types of
Receptacles
Number of
Receptacles Required
0—8 3-Yard Bin 1
16—24 3-Yard Bin 2
Each 8 Additional Units 3-Yard Bin 1
b. All refuse storage areas shall be readily accessible to the users they serve as well as for collection operations and shall be enclosed by a solid decorative masonry or concrete block wall at least 60 inches in height that shall be designed in a manner architecturally compatible with the overall design of the project's buildings.

1. The site area shall have a concrete pad at least four inches in thickness.

2. The storage area shall be designed with a lattice or metal solid cover matching the exterior building material and color with a solid gate or with mesh.

3. The refuse storage area shall be located within 150 feet walking distance of the unit it services.

10. Recreational facilities. The developer shall provide recreational facilities in conjunction with common open space as a minimum requirement for all multifamily projects in the R-2 zone and for the minimum density allowed in the R-3 zones. Recreational facilities shall not be required for projects utilizing a Minor Planned Unit Development (Minor PUD) for development.
a. Development consisting of 30 units or fewer shall provide three of the following recreational facilities:
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1. Large open lawn area, minimum dimensions shall be 50 feet by 20 feet.

2. Tot-lot with multiple play equipment.

3. Spa and/or pool.

4. Barbecue facility equipped with grill, picnic benches, etc. b. Development consisting of 31 units to 100 units shall provide an additional recreational facility as in (a) above, or equivalent, as approved by the Planning Commission.
c. Development consisting of 101 units to 200 units shall provide five of the following recreational facilities, or equivalent, as approved by the Planning Commission:

1. Large open lawn area, minimum dimensions shall be 100 feet by 50 feet.

2. Multiple tot-lots with multiple play equipment. The tot-lots shall be conveniently located throughout the site and separated with a low decorative wall or tubular steel fence from any drive aisle.

3. Pool and spa.

4. Community multi-purpose room equipped with kitchen, defined areas for games, exercises, etc.

5. Barbecue facilities equipped with multiple built in gas grills with shelving, picnic benches and shade structures. The barbecue facilities shall be conveniently located throughout the site.

6. Court facilities (e.g. tennis, volleyball, basketball, etc.).

7. Jogging/walking trails with exercise stations.
d. For each 100 units above the first 200 units, another recreational facility as described in Section 30-451, or equivalent, shall be provided for approval by the Planning Commission.
e. Other recreational facilities not listed above may be considered subject to the Planning Commission review and approval.
f. Related recreational activities may be grouped together and located at any one area of the common open space.
g. Recreational facilities shall be dispersed throughout the site. h. All recreational areas or facilities required by this section shall be maintained by private homeowner's associations, property owners, or private assessment.

11.Circulation, pedestrian and vehicular parking.
a. Pedestrian circulation. Every multiple-family residential development shall be designed in such a manner that adequate walkways are provided convenient to the needs of the residents and guests and the services of public agencies. 228
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Pedestrian access to the unifying elements of any development should be separate from and free of conflict with vehicular access ways. All developments consisting of six units or more shall provide directories placed in a convenient location at the development entry.
b. Vehicular circulation. Every multiple-family residential development shall be designed with an internal street and parking system adequate to handle the need for vehicular circulation. Said system shall be in compliance with all applicable standards of this chapter.

Chapter 30, Article V. – Residential Zoning District, Section 30-451 of the Code is hereby restated and amended as follows:

Sec. 30-451. – (R-4 and R-5) Recreational facilities.

On-site amenities shall be considered in the context of existing off-site amenities and their spatial relationships (distance, ease of access and safety) to active retail services, bicycle lanes, walking trail, and mass transit such as commuter/light rail or bus rapid transit (BRT) service.

In addition to the off-site amenities mentioned above, the developer shall provide on- site recreational facilities in conjunction with common open space as a minimum requirement for all multi-family projects in the R-4 zone and the R-5 zone:
(1) Development consisting of 50 units to 79 units shall provide three of the following recreational facilities:
a. Indoor gym/fitness facility (minimum 500 square feet). b. Tot-lot with multiple play equipment.
c. Spa and pool (min 25 yard by 15 yards).
d. Barbecue facility equipped with grill, picnic benches, etc (min of five areas).
(2) Development consisting of 80 units to 200 units shall provide all recreational facilities as listed in Section 30-451 above. Other recreational facilities or community benefits not listed above may be considered subject to the Planning Commission review and approval.
(3) Development consisting of 201 units to 400 units shall provide all recreational facilities as listed in Section 30-451 and a minimum of one of the following additional recreational facilities, or equivalent, as approved by the Planning Commission:
a. Large open lawn area, minimum dimensions shall be 100 feet by 50 229
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feet (e.g. Rooftop garden).
b. Multiple tot-lots with multiple play equipment. The tot-lots shall be conveniently located throughout the site. The number of tot-lots and their location shall be subject to Planning Commission review and approval.
c. Lap pool and spa (e.g. Rooftop, min 25 yard by 25 yards). d. Community multi-purpose room equipped with kitchen, defined areas for games, exercises, etc.
e. Barbecue facilities equipped with multiple grills, picnic benches and shade structures. The barbecue facilities shall be conveniently located throughout the site. The number of barbeque facilities and their location shall be subject to Planning Commission review and approval. f. Court facilities (e.g. tennis, volleyball, basketball, etc.). g. Jogging/walking trails with exercise stations.
h. Other recreational facilities not listed above may be considered subject to the Planning Commission review and approval.

Related recreational activities may be grouped together and located at any one area of the common open space. Where multiple recreational facilities are provided such facilities shall be required to be dispersed throughout the site. All recreational areas or facilities required by this section shall be maintained by private homeowner's associations, property owners, or private assessment districts. (4) Circulation, pedestrian, and vehicular parking. Pedestrian circulation. Each multiple-family residential development shall be designed with adequate walkways to provide convenience to the needs of the residents, guests, and the service providers of public agencies. Pedestrian access to the unifying elements of any development shall be separate from, and free of, conflict with vehicular access ways. All developments consisting of six units or more shall provide directories placed in a convenient location at the development. 230
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2662 Agenda Date: 12/12/2023
Agenda #: M. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No. 1937 (Second Reading)
RECOMMENDATION:

Second Reading / Adoption of Ordinance No. 1937, approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to.

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

DISCUSSION:

Ordinance No. 1937 was introduced by a vote of 4-1 at the November 15, 2023, Regular City Council meeting.

FISCAL IMPACT:

No fiscal impact.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1937

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT (MCA)
NO. 23-001 AMENDING FONTANA MUNICIPAL CODE CHAPTER 9 TO

MODIFY ARTICLE V (INDUSTRIAL COMMERCE CENTERS
SUSTAINABILITY STANDARDS), SECTION 9-71(F), PURSUANT TO A

CATEGORICAL EXEMPTION IN ACCORDANCE WITH CEQA
GUIDELINES SECTIONS 15060(C), 15061(B)(3), 15307 AND 15308.

WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and WHEREAS, the City wishes to amend Chapter 9, Article V, Sec.9.71(f) of the Fontana Municipal Code (“Code”) to better protect sensitive receptors from abutting and adjacent truck entries, drive aisles, and loading docks; and WHEREAS, Chapter 9, Article V, Sec. 9-71(f) – Buffering and screening/adjacent uses, will be amended to prohibit truck docks, loading, entry, and drive aisles abutting adjacent sensitive receptors; and
WHEREAS, the Code amendment is consistent and compatible with the General Plan and the update is in line with goals, policies, and objectives of the City; and WHEREAS, the Code amendment will be in conformity with appropriate land use practices and will establish an appropriate development standard for the land use designations, and
WHEREAS, the Code amendment will not be detrimental to the public health, safety, and general welfare; will not adversely affect the orderly development of property; and will better express the City’s policies, and generally promote good land use planning and regulation; and
WHEREAS, a notice of the public hearing was published in the local newspaper on Saturday, October 6, 2023 and simultaneously displayed at City Hall; and WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) held a notice public hearing for MCA No. 23-001 and carefully considered all information, evidence and testimony presented at the public hearing; and WHEREAS, on October 17, 2023, the Planning Commission approved Resolution No. 2023-040 recommending that the City Council approve MCA No. 23-001 and determine that this Amendment is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) (the common-sense exemption), and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 232
Ordinance No.1937

Page 2 of 4 ends

of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to improve the environment; and
WHEREAS, on November 3, 2023, the Planning Department published the public hearing notice for the City Council meeting; and
WHEREAS, on November 15, 2023, the Fontana City Council (“City Council”) held a noticed public hearing for MCA 23-001 where City Council received evidence and public testimony pertaining to MCA 23-001; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 23-001 presented at its public hearing on November 15, 2023; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. CEQA. The City Council hereby determines that this Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) (the common-sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to improve the environment.

SECTION 3. General Findings. The City Council finds that the Municipal Code Amendment, ZCA No. 23-001 furthers the public health, safety, and welfare and is consistent with General Plan since it is not making any changes to the General Plan. The amendment will clarify the City Council’s intent to restrict truck entries, drive aisles, and loading docks from being located adjacent to sensitive receptors. The Amendment will assist sensitive receptors not to have truck uses abutting the property.

SECTION 4. Approval. Based on the foregoing, the City Council hereby approves ZCA No. 23-001 for the Sustainability Ordinance modification as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana 233
Ordinance No.1937

Page 3 of 4 ends

Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this 12th day of December 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
234
Ordinance No.1937

Page 4 of 4 ends

ATTEST:
_________________________________________
City Clerk
235
A-1
Exhibit “A”
Chapter 9, Article V - Industrial Commerce Centers Sustainability Standards) of the Code is hereby restated and amended as follows:

Sec. 9-71. - Buffering and screening/adjacent uses.
(a) For any warehouse building larger than 50,000 square feet in size, a ten-foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. For any warehouse building larger than 400,000 square feet in size, a 20-foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. The buffer area(s) shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height, natural ground landscaping, and solid screen buffering trees, as described below, unless there is an existing solid block wall. For any warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors. Sensitive receptor shall be defined as schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, dormitories, and any residence, including; private homes, condominiums, apartments, and living quarters, where such residence is not located on a parcel with an existing industrial, commercial, or unpermitted use as determined by the director of planning.
(b) Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36-inch box, and shall be spaced at no greater than 40-feet on center. The property owner and any successors in interest shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed. (c) All landscaping shall be drought tolerant, and to the extent feasible, species with low biogenic emissions. Palm trees shall not be utilized. (d) All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth.
(e) Trees shall be installed in automobile parking areas to provide at least 35 percent shade cover of parking areas within 15 years. Trees shall be planted that are capable of meeting this requirement.
(f) Loading docks shall be oriented away from nearby sensitive receptors. Loading docks, truck entries, and truck drive aisles shall not abut adjacent sensitive receptors. Unless physically impossible, loading docks and truck entries shall be oriented away from abutting sensitive receptors. To the greatest extent feasible, loading docks, truck entries, and truck drive aisles shall be located away from 236
Ordinance No.1937
A-2
nearby sensitive receptors. In making feasibility decisions, the city must comply with existing laws and regulations and balance public safety and the site development's potential impacts to nearby sensitive receptors. Therefore, loading docks, truck entries, and drive aisles may be located nearby sensitive receptors at the discretion of the planning director, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors. (g) For any warehouse building larger than 400,000 square feet in size, the building's loading docks shall be located a minimum of 300 feet away, measured from the property line of the sensitive receptor to the nearest dock door which does not exclusively serve electric trucks using a direct straight-line method. 237
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2553 Agenda Date: 12/12/2023
Agenda #: N. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:
2024 City Hall Holiday and City Council Meeting Calendar RECOMMENDATION:

Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2024.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made. · Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

To formally approve and make available a calendar of City recognized holidays and meetings of the City Council. City staff has developed the proposed Calendar of City Holidays and City Council meetings for 2024 for the City Council’s consideration.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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JANUARY FEBRUARY MARCH

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31 APRIL MAY JUNE

S M T W T F S S M T W T F S S M T W T F S
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30 JULY AUGUST SEPTEMBER

S M T W T F S S M T W T F S S M T W T F S
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7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30

OCTOBER NOVEMBER DECEMBER

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
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OBSERVED HOLIDAYS
January 1 New Year’s Day November 11 Veterans Day Pay Day January 15 Martin Luther King Jr. Day November 28 Thanksgiving Day City Council Meeting February 19 Presidents’ Day November 29 Day After Thanksgiving Cancelled City Council Meeting May 27 Memorial Day December 24 Christmas Eve Observed Holiday July 4 Independence Day December 25 Christmas Day Winter Closure September 2 Labor Day
239
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2626 Agenda Date: 12/12/2023
Agenda #: O. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Accept the 2023 TDA Article 3 Grant Award for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project RECOMMENDATION:

1. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Catawba Avenue Safe Routes to School Project in the amount of $396,348.00.

2. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Rectangular Rapid Flashing Beacons Project in the amount of $52,500.00.

3. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Transit Stop Improvements Project in the amount of $59,023.00.
. End

4. Adopt Resolution No. 2023-115, a Resolution of the City Council of the City of Fontana authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completions for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project related to TDA Article 3 Grant Awards.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

In July of 2023, the City submitted a grant application to SBCTA for the TDA Article 3 for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project.

City of Fontana Page 1 of 2 Printed on 12/6/2023
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File #: 21-2626 Agenda Date: 12/12/2023
Agenda #: O. Category: Consent Calendar
The grant request for the Catawba Avenue Safe Routes to School Project was in the amount of $396,348 with a City local fund match of $396,348. The project will construct missing sidewalk, ramps, and curb and gutter along the west side and east side of Catawba Avenue, south of San Bernardino Avenue. This project will close sidewalk gaps within residential communities for pedestrians in the vicinity, linking them to Harry S. Truman Middle School and Poplar Elementary School.

The grant request for the Rectangular Rapid Flashing Beacons Project was in the amount of $52,500 with a City local fund match of $17,500. The project will install Pedestrian-Actuated Rectangular Rapid Flashing Beacons (RRFBs) at seven (7) different locations within the City. This will enhance pedestrian conspicuity and increase driver awareness at uncontrolled and marked crosswalks.

RRFBs will be installed at critical crosswalks near schools where school crossing warning signs currently exist to enhance the safety of pedestrians crossing streets.

The grant request for the Transit Stop Improvement Project was in the amount of $59,023 with a City local fund match of $25,296. The improvements will consist of installing concrete bus pads at ten (10) existing bus stops throughout the City. These locations were identified in Omnitrans’ accessibility survey (conducted in 2023) as needing improvements to meet Americans with Disabilities Act (ADA) requirements. At these bus stops, the curb is separated from the sidewalk by a strip of grass, landscape, or other non-ADA compliant material, thereby limiting access to and from the bus for persons with disabilities. Concrete bus pads will be constructed at each identified location, improving accessibility for all ridership.

On October 4, 2023, SBCTA Board of Directors approved funding in the amount of $448,848 from the TDA Article 3 Bicycle and Pedestrian Facilities Program and $59,023 from the TDA Article 3 Transit Stop Access Improvements Program.

As part of the TDA Article 3 Grant Requirements for both programs, a resolution by the Council is required which authorizes the submittal of claims and reimbursements to SBCTA and designates the individual authorized to certify project completion. SBCTA has authorized the use of one resolution which identifies the three projects to meet this requirement.

FISCAL IMPACT:

Revenues in Fund 301 (Grants) will be increased by $507,871.00 and appropriations for expenditures in Fund 301 will increase by $507,871.00. Three (3) new projects will be submitted with the mid-year budget adjustments for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project. The Catawba Avenue Safe Routes to School Project will include $396,348 in Fund 301 (Grants) and $396,348 in Fund 246 (Local Measure I). The Rectangular Rapid Flashing Beacons Project will include $52,500 in Fund 301 (Grants) and $17,500 in Fund 246 (Local Measure I). The Transit Stop Improvements Project will include $59,023 in Fund 301 (Grants) and $25,296 in Fund 246 (Local Measure I).

MOTION:

Approve staff recommendation.

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N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT
242
October 13, 2023
Jeffrey Kim
Transmitted via email to: [email protected]
Re: 2023 TDA Article 3 Award – Catawaba Ave. SRTS Sidewalks Dear Jeffrey Kim,
It is our pleasure to inform you that on October 4, 2023, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding in the amount of $396,348 from the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program for the Catawaba Ave. SRTS Sidewalks Project. The SBCTA Board set the period of time for completion of your project to comply with TDA provisions, therefore this project must be completed by June 30, 2027.

Please note the following important funding requirements:
• A (1) signed Claim Form and (2) and Authorizing Resolution Authorized Resolution must be submitted within six months (by April 4, 2024) of project award notification, or prior to requesting reimbursement of funds, whichever comes first. A sample resolution can be found at www.gosbcta.com/tda3 under the Claims section. • Completion of an Annual Proof of Progress Report (Annual Report) must be submitted on the FIRST anniversary of award notification AND by June 30 for all subsequent years thereafter. The annual report must include:
o A description of the work completed during the year,
o An estimate of the total project percent completed, and o An estimate of the amount spent to-date.
• Funds will be rescinded if no progress has been made within ONE year of award notification or if, where appropriate, a construction contract has not yet been awarded within THREE years of award notification.

Additionally, the TDA Article 3 award is paid through a reimbursement process. The award is for a maximum reimbursable amount. Should your project exceed the maximum reimbursable amount, SBCTA will not provide any additional reimbursement. For projects completed under the awarded amount, the local match percentage of 50% ($396,349) as identified in your grant application will apply to the adjusted total. Sponsor agencies receiving an allocation of $200,000 or less shall be reimbursed in arrears and upon proof of satisfactory project completion. Agencies receiving an allocation of $200,000 or more may request progress payments for a minimum of 20% of the award total; however, 20% of the awarded funds shall be held by SBCTA until proof of satisfactory project completion.

Congratulations on submitting a successful grant application. We look forward to the timely completion of your project.

Should you have any questions please contact me at (909) 884-8276 or [email protected].

Sincerely,
Ginger Koblasz
Senior Planner
243
N

PROJECT LOCATION

RECTANGULAR RAPID FLASHING BEACONS PROJECT

PROJECT LOCATION

1. Banana Avenue and Chaparral Drive

2. Oxer Lane and Bridlepath Drive

3. Live Oak Avenue and Cloverdale Drive

4. Merrill Avenue and Maple Avenue

5. Merrill Avenue and Nuevo Avenue

6. South Heritage Circle and W Grand Avenue

7. South Heritage Circle and E Grand Avenue 244
October 13, 2023
Jeffrey Kim
Transmitted via email to: [email protected]
Re: 2023 TDA Article 3 Award – 7 Rectangular Rapid Flashing Beacons Dear Jeffery Kim,
It is our pleasure to inform you that on October 4, 2023, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding in the amount of $52,500 from the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program for the 7 Rectangular Rapid Flashing Beacons Project. The SBCTA Board set the period of time for completion of your project to comply with TDA provisions, therefore this project must be completed by June 30, 2027.

Additionally, the TDA Article 3 award is paid through a reimbursement process. The award is for a maximum reimbursable amount. Should your project exceed the maximum reimbursable amount, SBCTA will not provide any additional reimbursement. For projects completed under the awarded amount, the local match percentage of 25% ($17,500) as identified in your grant application will apply to the adjusted total. Sponsor agencies receiving an allocation of $200,000 or less shall be reimbursed in arrears and upon proof of satisfactory project completion. Agencies receiving an allocation of $200,000 or more may request progress payments for a minimum of 20% of the award total; however, 20% of the awarded funds shall be held by SBCTA until proof of satisfactory project completion.

Congratulations on submitting a successful grant application. We look forward to the timely completion of your project.

Should you have any questions please contact me at (909) 884-8276 or [email protected].

Sincerely,
Ginger Koblasz
Senior Planner
245

N PROJECT LOCATION

TRANSIT STOP IMPROVEMENTS PROJECT

PROJECT LOCATION

1. Slover Avenue @ Sierra Avenue (Westbound)

2. Citrus Avenue @ Mallory Drive (Northbound)

3. Citrus Avenue @ Mallory Drive (Southbound)

4. Jurupa Avenue @ Elm Avenue (Westbound)

5. Baseline Avenue @ Alder Avenue (Eastbound)

6. Baseline Avenue @ N. Heritage Cr (Westbound)

7. Sierra Lakes Pky @ Tiburon Way (Westbound)

8. Sierra Lakes Pky @ Tiburon Way (Eastbound

9. Merrill Avenue @ Locust Avenue (Eastbound)

10. Merrill Avenue @ Cypress Avenue (Westbound)
246

October 11, 2023
Mr. Jeffrey Kim, Engineering Manager
Transmitted Via Email to: [email protected]
Re: 2023 TDA Article 3 Award – City of Fontana
Dear Mr. Kim,
Congratulations! It is our pleasure to inform you that on October 4th, 2023, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding in the amount of $59,023 from the Transportation Development Act (TDA), Article 3 Transit Stop Access Program, for your Bus Stop Project(s):
10 Bus Pads in the City of Fontana (Match $25,296)
For your convenience, attached is the Award List presented to the Board.

Within six months (before April 4, 2024) of funding award notification, or prior to requesting reimbursements of funds, whichever comes first, a one-time submittal of a (1) Claim Form and (2) Authorizing Resolution is required. Forms and a sample resolution can be found at www.gosbcta.com/tda3 under the section title Claims. Additionally, once all required forms are completed, they should be submitted at www.gosbcta.com/tda3 under the section title Claims by clicking on the Submit Claim Form & Resolution button.

Please note that the TDA Article 3 award is considered a grant and is paid through a reimbursement process.

Progress payments may be requested for project awards over $200,000. The award is for a maximum reimbursable amount. Additionally, please ensure that your agency has have read through the TDA Guidelines specifically, Award Requirements. Failure to meet them could result in your award being rescinded. This is important as there are other requirements that will be due within the year. The SBCTA Board set the period of time for completion of your project to comply with TDA provisions, therefore this project must be completed by June 30, 2027.

Again, congratulations on being successful with your project. We look forward to the completion of your project. Should you have any questions please contact me at (909) 884-8276 or [email protected].

Sincerely,
Nancy Strickert
Transit Manager
247
Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM: 11
Date: October 4, 2023
Subject:
2023 Award of Transportation Development Act Article 3 Funds for Transit Stop Access Improvement Projects
Recommendation:

That the Board, acting as the San Bernardino County Transportation Authority:

Award Transportation Development Act Article 3 funds for Transit Stop Access Improvement projects in the amount of $1,440,000 as identified in Attachment A to this item.

Background:

On May 3, 2023 the San Bernardino County Transportation Authority (SBCTA) Board of Directors authorized the release of the Transportation Development Act (TDA) Article 3 Call for Projects for Transit Stop Access Improvement projects. The TDA provides that two percent of the State of California Local Transportation Funds (LTF) be made available to counties and cities for facilities for the exclusive use of bicyclists and pedestrians, known as the TDA Article 3 Program. Local jurisdictions and transit agencies were notified of this opportunity through SBCTA’s website; including social media platforms, Transportation Technical Advisory Committee (TTAC), and Public and Specialized Transportation and Advisory Coordination Council (PASTACC) email lists. The amount of TDA Article 3 funds available for award is $1,440,000. The closing date for the Call for Projects was July 7, 2023.

Eight agencies representing projects in 13 cities submitted applications to improve access to stops as well as to add bus stop fixtures to 122 139 bus stops as part of the Transit Stop Access Improvement projects, for a total funding request of $1,607,224. Each application was reviewed and scored by two SBCTA staff and one consultant. After consideration of all projects, staff is recommending the approval of funding in the amount of $1,440,000 for the projects identified in Attachment A and summarized in Table 1 below and on the following page.

Table 1
Agency Projects
Recommended
Award Amount
Omnitrans Benches/Shelters for the City of Colton $ 117,600 Omnitrans Benches/Shelters for the City of Highland $ 111,200 Omnitrans Benches/Shelters for the City of Montclair $ 144,000 Omnitrans Benches/Shelters for the City of Ontario $ 108,776 Omnitrans Benches/Shelters for the City of Redlands $ 111,200 Omnitrans Benches/Shelters for the City of Rialto $ 128,800 Omnitrans Benches/Shelters for the City of Yucaipa $ 32,000 Victor Valley Transit
Authority (VVTA) Apple Valley Bus Stop Improvements $ 128,002 VVTA Victorville - Sunhill Drive & Chalon Road $ 76,080 VVTA Victorville - Nevada Avenue & McCoy Drive $ 10,362 248
Board of Directors Agenda Item
October 4, 2023

Page 2 ends

San Bernardino County Transportation Authority
City of Adelanto Transit Improvements at Jonathan Street $ 144,000 City of Fontana 10 Bus Pads in the City of Fontana $ 59,023 City of Loma Linda 11 Bus Stops in the City of Loma Linda $ 50,122 City of Ontario Ontario Improvements $ 32,835
City of San Bernardino Bus Stop Sidewalk Improvements $ 96,000 San Bernardino County
Department of Public
Works Bus Stop Improvements on Pacific Street $ 90,000
Total Award $ 1,440,000
Available $ 1,440,000
Attachment A provides details on the projects recommended for award as well as the projects that did not receive a recommendation. A total of 94 111 projects are recommended for funding sponsored by the Cities of Adelanto, Fontana, Loma Linda, Ontario, San Bernardino, San Bernardino County, Omnitrans, and VVTA.

Financial Impact:

This item has no financial impact on the Fiscal Year 2023/2024 Budget.

Reviewed By:

This item was reviewed and unanimously recommended for approval by the Transit Committee on September 14, 2023. Two corrections to the item were made after it was reviewed and approved by the Transit Committee. There are 122 total projects, and 94 projects recommended for award.

Responsible Staff:

Nancy Strickert, Transit Manager
RESULT: APPROVED [UNANIMOUS]
MOVER: L. Dennis Michael, City of Rancho Cucamonga
SECONDER: Larry McCallon, City of Highland
AYES: Ramos, Bishop, Hernandez, Ulloa, Marquez,
Navarro, Warren, Rodriguez-Robles, Swanson,
McCallon, Jindal, Dutrey, Jernigan, Wapner,
Michael, Barich, Klink, Zuniga, Jones, Duncan,
Denison, Cook, Rowe, Hagman, Baca Jr., Putz
(Alt.)
ABSENT: Robertson, Armendarez, Alexander (Alt)
Approved
Board of Directors
Date: October 4, 2023
Witnessed By:
249
2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Adelanto
Adelanto Transit Improvements at Jonathan Street $ 172,000.00 $ 144,000.00 $ 28,000.00 $ 144,000.00 Apple Valley
VVTA Apple Valley Bus Stop Improvements $ 160,003.00 $ 128,002.00 $ 32,001.00 $ 128,002.00 Colton
Application 3 Omnitrans Valley @ Rancho WB FS $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 1 Omnitrans Valley @ 3rd WB FS $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 4 Omnitrans Lacadena @ D SB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans Mt Vernon @ Laurel NB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 6 Omnitrans Washington @ Meadow Lane EB NS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Valley @ 4th WB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 7 Omnitrans Olive @ Rancho WB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Valley @ 4th EB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 8 Omnitrans Valley @ 10th WB FS $ 20,000.00 $ 20,000.00 $ - Application 8 Omnitrans Washington @ Mojave WB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Rancho @ Olive EB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Valley @ 10th EB LAT $ 800.00 $ 800.00 $ - Application 9 Omnitrans C St @ Pennsylvania EB FS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Meridian @ Valley SB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans 11th @ M SB FS $ 800.00 $ 800.00 $ - Application 10 Omnitrans San Bernardino @ Indigo WB FS $ 800.00 $ 800.00 $ - Application 10 Omnitrans Olive @ Meridian EB FS $ 800.00 $ 800.00 $ - Fontana
City of Fontana 10 Bus Pads City of Fontana $ 84,319.00 $ 59,023.00 $ 25,296.00 $ 59,023.00 Highland $ -
Application 2 Omnitrans Baseline @ Valarie EB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 2 Omnitrans Highland @ Piedmont EB FS $ 800.00 $ 800.00 $ 800.00 Application 3 Omnitrans Baseline @ Olive EB NS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 3 Omnitrans Baseline @ Osbun WB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Applcation 3 Omnitrans Baseline @ Stoney Creek EB NS $ 800.00 $ 800.00 $ 800.00 Applcation 1 Omnitrans Baseline @ Palm WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans Baseline @ Cole WB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Central @ 5th SB NS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Central @ 5th NB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Baseline @ Church EB NS $ 800.00 $ 800.00 $ 800.00 Attachment A

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250
2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Highland Cont.

Application 6 Omnitrans Baseline @ Guthrie WB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Central @ Hibiscus NB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 6 Omnitrans Central @ Hibiscus SB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 7 Omnitrans Church @ Jackrabbit SB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Palm @ Cypress NB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Palm @ Cypress SB FS $ 20,000.00 $ 20,000.00 $ - Application 8 Omnitrans Del Rosa @ 3rd NB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Del Rosa @ 3rd NB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans 5th @ Palm WB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans Boulder @ Pacific NB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans Boulder @ Pacific SB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans 9th @ Del Rosa EB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans 9th @ Del Rosa WB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans Palm @ Norwood SB FS $ 800.00 $ 800.00 $ - Loma Linda
Loma Linda 11 Bus Stops in the City of Loma Linda $ 62,652.00 $ 50,122.00 $ 12,530.00 $ 50,122.00 Loma Linda Anderson @ Academy NB FS
Loma Linda Prospect @ Richie WB NS
Loma Linda Prospect @ Belleaire WB FS
Loma Linda Redlands @ Corporate WB FS
Loma Linda Redlands @Rhonda WBFS
Loma Linda Redlands @ Taft WB NS
Loma Linda Barton @ Frontage WB FS
Loma Linda Redlands @ Mt View EB FS
Loma Linda Redlands @ Anderson WB NS
Loma Linda Campus @ University SB FS
Loma Linda Redlands @ Richardson EB FS
Montclair
Application 6 Omnitrans Romona @ Howard NB $ 52,000.00 $ 52,000.00 $ - $ 52,000.00 Application 6 Omnitrans Romona @ Orchard SB $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 7 Omnitrans Romona @ Kingsley NB $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 7 Omnitrans Romona @ Howard SB $ 52,000.00 $ 52,000.00 $ - $ 52,000.00 Ontario
City of Ontario Ontario Article 3 Improvements Grant $ 32,835.00 $ 32,835.00 $ - $ 32,835.00 Riverside Ave @ Mill Creek WB NS
Inland Empire Blvd @ Ferrari Lane EB FS
Vineyard Avenue @ Walnut Street SB NS

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251
2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Ontario Cont.

Application 2 Omnitrans Riverside @ Archibald EB NS - Bench $ 800.00 $ 800.00 $ 800.00 Application 2 Omnitrans Holt @ Cucamonga EB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 2 Omnitrans Inland Empire Blvd @ Ferrari Lane EB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 3 Omnitrans Euclid @ Riverside Avenue $ 800.00 $ 800.00 $ 800.00 Application 3 Omnitrans Vineyard Avenue @ Walnut Street SB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 1 Omnitrans Holt @ Palm EB FS $ 800.00 $ 800.00 $ 800.00 Application 1 Omnitrans Euclid @ 4th SB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 1 Omnitrans Riverside @ Mill Creek WB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 5 Omnitrans Inland Empire @ Center WB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Inland Empire @ Porsche EB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Vineyard @ Merior SB NS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Milliken @ Jurupa NB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans 6th @ Baker EB NS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans 6th @ Baker WB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Inland Empire @ Lotus EB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Francis @ Baker EB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Mountain @ Philadelphia SB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Francis @ Haven WB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Milliken @ Airport SB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Francis @ Baker WB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Inland Empire @ Mercedes EB FS $ 800.00 $ 800.00 $ 776.00 Application 8 Omnitrans Francis @ Grove EB NS $ 800.00 $ 800.00 $ - Redlands
Application 2 Omnitrans Orange @ Lugonia SB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 2 Omnitrans Redlands Depot EB NS $ 800.00 $ 800.00 $ 800.00 Application 3 Omnitrans Orange @ Brockton SB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 1 Omnitrans Orange @ Colton SB NS $ 800.00 $ 800.00 $ 800.00 Application 1 Omnitrans Mentone @ Wabash WB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 1 Omnitrans Eureka @ Redlands NS FS - Withdrew $ 800.00 $ 800.00 $ - Application 4 Omnitrans San Bernardino @ Texas $ 800.00 $ 800.00 $ 800.00 Application 4 Omnitrans Brookside @ San Matero EB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans State @ Tennessee WB NS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 4 Omnitrans State @ Center SB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Brookside @ Eureka WB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 8 Omnitrans State @ Tennessee EB NS $ 16,000.00 $ 16,000.00 $ - $ - Application 10 Omnitrans Lugonia @ Lincoln WB FS $ 800.00 $ 800.00 $ - $ -

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252
2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Rialto
Application 2 Omnitrans San Bernardino @ Riverside EB NS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 Application 2 Omnitrans Foothill @ Eucalyptus WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 2 Omnitrans Easton @ Riverside Avenue WB FS $ 800.00 $ 800.00 $ 800.00 Applcation 3 Omnitrans Live Oak @ Terrace Vista NB FS $ 800.00 $ 800.00 $ 800.00 Applcation 3 Omnitrans Renessauce @ Market Place WB NS $ 800.00 $ 800.00 $ 800.00 Applcation 3 Omnitrans Baseline @ Alder WB FS $ 800.00 $ 800.00 $ 800.00 Application 1 Omnitrans Baseline @ Cedar WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans Baseline @ Maple EB FS $ 800.00 $ 800.00 $ 800.00 Application 4 Omnitrans Baseline @ Maple WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 5 Omnitrans Renessauce @ Linden EB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 5 Omnitrans Riverside @ Senior Way SB NS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 6 Omnitrans Cactus @ Riverside NB NS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Merrill @ Lilac WB FS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 San Bernardino
San Bernardino Bus Stop Sidewalk Improvements $ 120,000.00 $ 96,000.00 $ 24,000.00 $ 96,000.00 Victorville
VVTA Sunhill Drive and Chalon $ 95,100.00 $ 76,080.00 $ 19,020.00 $ 76,080.00 VVTA Nevada Avenue & McCoy Circle Drive $ 12,952.00 $ 10,362.00 $ 2,590.00 $ 10,362.00 Yucaipa
Application 1 Omnitrans Yucaipa Blvd @ 13th EB FS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 Application 4 Omnitrans Yucaipa Blvd @ 6th EB FS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 Applcation 9 Omnitrans Yucaipa Blvd @ Oak Glen WB FS $ 16,000.00 $ 16,000.00 $ - Applcation 9 Omnitrans California @ Eureka SB FS $ 16,000.00 $ 16,000.00 $ - Applcation 9 Omnitrans Yucaipa @13th WB FS $ 16,000.00 $ 16,000.00 $ - Applcation 9 Omnitrans First @ B Ave SB NS $ 16,000.00 $ 16,000.00 $ - Application 10 Omnitrans Yucaipa @10th EB FS $ 16,000.00 $ 16,000.00 $ - Application 10 Omnitrans Yucaipa @ 10th WB FS $ 16,000.00 $ 16,000.00 $ - County of SB
County DPW Bus Stop Improvements on Pacific Street $ 130,000.00 $ 90,000.00 $ 40,000.00 $ 90,000.00 Total Request Available TOTAL AWARD
$ 1,607,224.00 $ 1,440,000.00 $ 1,440,000.00

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Page 1 of 3 ends

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION
DEVELOPMENT ACT 3 FUNDS FOR THE CATAWBA AVENUE SAFE

ROUTES TO SCHOOL PROJECT, THE RECTANGULAR RAPID

FLASHING BEACONS PROJECT AND THE TRANSIT STOP
IMPROVEMENTS PROJECT IN THE CITY OF FONTANA.

WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage transportation coordination. Known as the Transportation Development Act (TDA) of 197, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payment periodically throughout the year; and
WHEREAS, SBCTA awarded the City of Fontana TDA Article 3 grant funds in the amount of $396,348 for development of the Catawba Avenue Safe Routes to School Project, $52,500 for the development of the Rectangular Rapid Flashing Beacons Project and $59,023 for the development of the Transit Stop Improvements Project within the City of Fontana jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and
WHEREAS, SBCTA requires the City of Fontana to submit a claim and request(s) for reimbursement; and
254
Resolution No. 2023-___

Page 2 of 3 ends

WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council; and
WHEREAS, the Catawba Avenue Safe Routes to School Project award is over $200,000, and is eligible for progress reimbursement; and WHEREAS, the Rectangular Rapid Flashing Beacons Project and the Transit Stop Improvements Project awards are under $200,000 respectively and eligible for reimbursement at project completion; and
WHEREAS, SBCTA requires the designation of individuals authorized to certify Project Completion; and
WHEREAS, the Public Works Director/City Engineer or their designee, is authorized to certify project completion, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana hereby authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Catawba Avenue Safe Routes to School Project in the amount of $396,348, the Rectangular Rapid Flashing Beacons Project in the amount of $52,500 and the Transit Stop Improvements Project in the amount of $59,023 and that the Public Works Director/City Engineer is authorized to certify project completion.

APPROVED AND ADOPTED this 12
th day of December, 2023.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 12 th day of December,
2023, by the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
255
Resolution No. 2023-___

Page 3 of 3 ends

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
256
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2627 Agenda Date: 12/12/2023
Agenda #: P. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Task Orders for Engineering Design Services for the South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project RECOMMENDATION:

1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $136,394.00 with STC Traffic, Inc. for Engineering Design Services for the South Highland Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66

2. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $128,914.00 with STC Traffic, Inc. for Engineering Design Services for the Santa Ana Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66

3. Approve and authorize the City Manager to execute any future amendments to both Task Orders.

4. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project.

DISCUSSION:

Engineering staff solicited a Request for Proposals (RFP) for Engineering Design Services by notifying the City’s twenty-six (26) pre-qualified firms through the Purchasing Office. Four (4) prospective bidders downloaded the RFP documents. On October 12, 2023, proposals were received from three (3) firms interested in providing design services for the projects. The received proposals for two traffic signal projects were ranged $84,000 to $367,555.70. Proposals were evaluated and ranked in accordance with the City policies and procedures.

Engineering staff recommends that the City Council approve a Task Order Agreement in the amount of $136,394.00 with STC Traffic, Inc. for design services for the South Highland Avenue at Juniper Avenue Traffic Signal Project and approve a Task Order Agreement in the amount of $128,914.00 with STC Traffic, Inc. for design services for the Santa Ana Avenue at Juniper Avenue Traffic Signal City of Fontana Page 1 of 2 Printed on 12/6/2023
powered by Legistar™257
File #: 21-2627 Agenda Date: 12/12/2023
Agenda #: P. Category: Consent Calendar
with STC Traffic, Inc. for design services for the Santa Ana Avenue at Juniper Avenue Traffic Signal Project. Although, STC was not the firm with the lowest cost proposal, they were selected for presenting and understanding of the project scope in all the main areas that were listed in the Request for Proposals (RFP) released by the City. Additionally, STC identified conflicts that the City may run into and provided solutions that will contribute to the success of the projects. Lastly, STC Traffic Inc, proposed an adequate and timely schedule for the completion of the design phase of both projects.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item for the South Highland Avenue at Juniper Avenue Traffic Signal Project is $136,394.00 and is included in the 2023-2024 budget in Project No. 37600052-246-A-8113.

The fiscal impact associated with the approval of this item for the Santa Ana Avenue at Juniper Avenue Traffic Signal Project is $87,532.61 in Project No. 37600054-245-A-8113 and $41,381.39 in Project No. 37600054-630-A-8113, and is included in the 2023-2024 budget.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 12/6/2023
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PROJECT LOCATION

SOUTH HIGHLAND AVENUE AT JUNIPER AVENUE

TRAFFIC SIGNAL PROJECT
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SANTA ANA AVENUE AT JUNIPER AVENUE

TRAFFIC SIGNAL PROJECT
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South Highland Avenue at Juniper Avenue Traffic Signal Project and Santa Ana Avenue at Juniper Avenue Traffic Signal Project (SQ-87-DE-19-66)
Ranking
Firms Rank
STC Traffic, Inc 1
Carlsbad, CA
EXP US Service, Inc 2
Glendale, CA
TKE Engineering 3
Riverside, CA
261
Request for Proposals • South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects
STC Traffic, Inc. | Traffic Signal Projects SQ-87-DE-19-66 1 Introduction
October 12, 2023
Attn: Elia Alvarez
City of Fontana Purchasing Office
8353 Sierra Avenue
Fontana, CA 92335
RE: South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects (SQ-87-DE-19-66)
STC Traffic, Inc. (STC) is pleased to submit our proposal to provide professional engineering services for South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects. In preparation for this proposal, we have researched the project location to confirm existing conditions, identify deficiencies, and confirm our approach for delivering the project at the highest value to the City.

Traffic signal design and associated improvements are part of our team’s core expertise, and we perform these services on a daily basis. We have performed hundreds of traffic signal design projects for municipal agencies in Southern California, including very similar projects for the City of Fontana such as: N. Cherry Avenue at Live Oak Avenue traffic signal modification design; West Liberty Parkway at Miller Avenue new traffic signal design; Baseline Avenue and Palmetto Avenue new traffic signal design; Cypress Avenue and Arrow Avenue new traffic signal design; and traffic signal improvements for Date Elementary School. Our work has been delivered on budget and within the City’s schedule, and we plan to bring the same level of quality and responsiveness to this project.

We have a solid history of successfully teaming with ERSC on projects for the City of Fontana, including several of the above efforts, and we hope to continue our track record of success. We are the local team with local knowledge invested in the future of the City. Our team is structured to focus on the entire project cycle, ensuring that the resulting approach is functional, feasible from an engineering perspective, realistically costed, and able to obtain the proper approvals.

Sincerely,
_
Jason Stack, President
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
T: (760) 602-4209, [email protected]
F: (760) 670-3445
Moving
You To
Where
You Want
To Be
262
Request for Proposals • South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects
STC Traffic, Inc. | Traffic Signal Projects SQ-87-DE-19-66 2 Project Team/Dedicated Staff Resources
The Project Manager and primary point of
contact for this project will be Christian
Lambarth, PE, TE, PTOE, who brings over 14
years of traffic engineering experience serving
public agencies throughout San Bernardino and
Riverside Counties. Christian has been involved
with all of STC’s signal design projects for the City
of Fontana. He will serve as the lead point of contact.

Our foremost approach to meeting the City’s needs for this project is to provide the highest-quality staff. STC is modeled in the image of a municipal public works traffic division. We are comprised of professional engineers (civil and traffic), traffic operations engineers, certified signal technicians (up to IMSA Level III), ITS systems and network engineers, and public works electricians and inspectors. Senior oversight will be provided by Jason Stack, TE, PTOE. Jason Stack, owner and founder of STC, will serve as Principal-In-Charge, providing contract management and QA/QC technical support. Jason has a high degree of credibility in the industry for his expertise in highly specialized traffic signal operations, ITS design and integration, and signal timing planning. Mr. Lambarth will be assisted by a hand-selected team including: Rob Blough, PE, TE; Joseph Walters, IMSA II; Ivan Gonzalez; and ERSC project and design engineers, Lori, Trent, Katherine, and supporting staff. All designated staff have excellent availability to perform this project as shown on the Org Chart.

Similar Experience
STC and ERSC have teamed up on several local traffic signal designs for the City of Fontana. Check out a summary of our recent work for the City below. 4 3
1 2
5 # Project Name Design Elements Team
1 N. Cherry Ave at Live Oak Ave
traffic signal mod design (2020)
Ped scramble, PPLT, curb return
reduction, storm drain relocation STC
2 West Liberty Pkwy. at Miller Ave
new traffic signal design (2020)
Ped scramble, Rancho interconnect,
PPLT, ADA ramp improvements STC
3 Baseline Ave and Palmetto Ave
new traffic signal design (2022)
Rialto development coord, constrained
utility/ROW, staggered intersection STC
4 Cypress Ave and Arrow Ave new
traffic signal design (2022)
Utility relocation, ROW acquisition,
constrained utility/ROW, PPLT, CCTV
STC/
ERSC
5 TS improvements for Date
Elementary School (2023)
Ped access improvements, SRTS, pole
relocation, future TSIC conduit
STC/
ERSC
263
Request for Proposals • South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects
STC Traffic, Inc. | Traffic Signal Projects SQ-87-DE-19-66 3 Project Understanding
Two new traffic signals will be constructed at the intersections of Juniper Avenue/ S. Highland Avenue and Juniper Avenue & Santa Ana Avenue. In addition to new traffic signal construction, this project will include ADA improvements, street light removal, traffic signal interconnect, signing and striping, and potential drainage facility modifications. STC and ERSC have successfully partnered on this exact scope of work for the City of Fontana previously and will work closely with the City to develop solutions for each intersection that ensure safety for all users. In preparation for this proposal, we have visited the project site and performed preliminary field work of each location. The following table identifies some key issues discovered in the field and during review of available documents along with recommendations for solutions to be considered during design.

Juniper Avenue & S. Highland Avenue
# Issue Solution/Discussion
H1 Decorative pavement and private R/W on
north side of intersection. Utilize video detection for SB approach.

H2 Existing streetlight on NW corner in location
signal pole will be installed. Remove and salvage existing streetlight pole.

H3 Overhead utilities on SE corner may impact
signal pole location.

Consider 17’ signal pole or 30’ signal pole with straight luminaire arm. If straight arm luminaire is used, existing wood pole mounted luminaire can be removed.

H4 Existing utility pole on SW corner may block
visibility for 1-A pole from EB approach.

Line of sight will be confirmed in field and placement of 1-A pole west of utility pole may be considered.

H5 ADA clear path on SW corner obstructed by
guy pole.

Measure available clearance and provide additional sidewalk around pole if ADA clear path not achieved.

H6
Based on review of current AP maps, the
R/W intersection of the SW corner is square
and may require R/W acquisition.

Accurately map the R/W and assess the need for R/W acquisition, and if needed, Task 2.2 can be authorized.

H7
Juniper Avenue is not at ultimate width and
is not improved on east side, south of
Highland Avenue.

Consider constructing curb and gutter to south approximately 50’ beyond existing ECR to ultimate width allowing for two NB lanes.

H8 Existing pedestrian ramps are not ADA
compliant.

Construct four (4) new pedestrian curb ramps that meet current ADA standards.

Juniper Avenue & Santa Ana Avenue
S1 Existing streetlight on NW corner in location
signal pole will be installed. Remove and salvage existing streetlight pole.

S2 Storm drains on NE corner may conflict with
signal pole placements.

Map existing storm drains and design signal poles to avoid conflict to greatest extent possible. Task 4.3 accounts for storm drain modifications if conflicts are unavoidable.

S3 Cable/Telephone box on NE corner may
conflict with 1-A placement.

Evaluate alternative placements for 1-A during field review and request relocation of box by utility company if needed.

S4 Pedestrian push buttons may not be
reachable if placed on signal poles.

Install push button post at back of landing close to existing brick wall.
264
Request for Proposals • South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects
STC Traffic, Inc. | Traffic Signal Projects SQ-87-DE-19-66 4 Juniper Avenue & Santa Ana Avenue
S5 Existing streetlight on SE corner within 20’ of
location signal pole will be installed. Remove and salvage existing streetlight pole.

S6 NB left turn lane on Juniper may be needed.

STC will evaluate the operations and make recommendations for the lane configuration and turn pocket lengths on all approaches at both intersections.

S7 NW and SW curb returns are 50’ radius and
may result in high-speed turns.

Discuss need for large radius returns (large truck volumes) with City and consider reducing radius or providing ped only phase of LPI.

Scope of Work
Task 1 Project Management: STC will provide planning, execution, control, and coordination services for the project's design phase. STC will organize Project Design Team meetings, provide meeting agendas and minutes, develop a Quality Assurance and Quality Control plan, maintain the schedule, submit monthly progress reports, and coordinate with project stakeholders, including the Chevrolet Car Dealership.

Task 2.1 Survey: ERSC will conduct the necessary office and fieldwork to prepare background information for each intersection. This includes researching available records and establishing both horizontal and vertical control.

Elevation data will be collected, extending a minimum of 50 feet beyond the Back of Curb or Edge of Curb of each curb return, covering a width of 120 feet, which includes centerline elevations. The field survey will identify all surface topography, and right-of-way boundaries will be determined. ERSC will also stake each pole location prior to the potholing process during the design phase.

Task 2.2 Right-of-Way (Optional Task): ERSC will prepare a plan showing all potentially affected parcels due to ultimate construction access needs. ERSC will prepare legal description, deed plat, and City of Fontana Deed Form for each parcel which requires R/W acquisition.

Task 3 Composite Utility Plan and Utility Coordination: ERSC will perform utility research for available information within the project limits and supplement as-built information with field investigation. ERSC will prepare a composite utility plan for each intersection. During the 100% design, progress plans will be provided to each utility company present at each intersection for conflict review.

Task 4 Construction Plan Preparation and Coordination: Complete plan sets will be prepared for each intersection, allowing the City to bid each intersection separately. Each set will include title sheet, City standard notes, details, and plans will be prepared at appropriate scale as required by the City. Each plan set will be submitted at 60%, 90%, and 100% levels of completeness, and will include the following subtasks.

Task 4.1 Street Improvement Plans: ERSC will prepare one (1) street improvement plan for each intersection.

Task 4.2 Traffic Signal Plans: STC will prepare one (1) traffic signal plan for each intersection. STC will coordinate with City staff to request electrical service from SCE for each new traffic signal. STC will request counts from the City and run a Synchro analysis and left turn flow chart to make recommendations on signal phasing and turn pocket lengths prior to the first submittal.

Task 4.3 Storm Drain Improvement Plans (Optional Task): ERSC will prepare storm drain modification plans for storm drain lines impacted by traffic signal pole locations if unavoidable. At Juniper Ave/ Highland Santa Ana Ave the northwest corner inlets will be relocated if the City decides to move forward with dual pedestrian ramps. 265
Request for Proposals • South Highland Avenue at Juniper Avenue and Santa Ana Avenue at Juniper Avenue Traffic Signal Projects
STC Traffic, Inc. | Traffic Signal Projects SQ-87-DE-19-66 5 Task 4.4 Signing and Striping Plans: STC will prepare one (1) signing and striping plan for each intersection.

Task 4.5 Fiber Optic Interconnect Plans: STC will prepare two (2) fiber optic interconnect plans with details to connect the new signal on Highland Ave to the existing signals at Cypress Ave and Sierra Ave (approx. 2,700’).

Task 5 Engineers Estimate: Itemized construction cost estimates will be prepared for each intersection.

Task 6 Specifications: Separate bid packages will be prepared for each intersection utilizing the City’s most current boilerplate in Microsoft Word. Changes to the City’s boilerplate will be highlighted in yellow.

Task 7 Potholing: STC will request quotes from two (2) pothole contractors to complete “X-Trench” method potholing of each new traffic signal pole location. Potholes and sidewalks will be backfilled and repaired per City of Fontana requirements. STC staff will be available during potholing to verify pole locations and direct changes.

Utility potholes will be identified prior to request for quotes and included at the City’s approval. Eight (8) traffic signal poles will be potholed and up to four (4) utility potholes are assumed.

Task 8 Advertisement and Construction Support: STC and ERSC will provide response to bidder questions. During construction, STC and ERSC will provide responses to contractor RFIs, review of shop drawing submittals and construction design changes.

Task 9 Record Drawings: At the completion of construction, STC will request the contractor’s as-built markups and incorporate them into a complete record drawing set. The record drawing set will be approved/sealed by the engineer of record.

Schedule
266
Employee Name Stack, Jason Lambarth, Christian Blough, Rob Walters, Joseph Gonzalez, Ivan Principal-InCharge Project Manager Senior Project Manager | Design Lead Project Engineer Associate Engineer Standard Billing Rate $270.00 $190.00 $210.00 $180.00 $150.00 Task Task Description Total Hours Total Cost
Task 1 Project Management 2 $ 2,810.00 2 $ 3,350.00
Task 2.1 Survey 2 $ 10,035.00 2 10,415.00 $
Task 2.2 Right-of-Way (Optional Task) 2 $ 3,500.00 2 $ 3,880.00 Task 3 Composite Utility Plan and Utility Coordination 2 $ 3,790.00 2 $ 4,210.00Task 4 Construction Plan Preparation and Coordination Task 4.1 Street Improvement Plans $ 7,277.00 - $ 7,277.00 Task 4.2 Traffic Signal Plans 1 8 40 75 124 $ 20,240.00 Task 4.3 Storm Drain Improvement Plans (Optional Task) 1 2 4 $ 2,710.00 7 $ 3,860.00 Task 4.4 Signing and Striping Plan 1 4 15 25 45 $ 7,480.00Task 4.5 Fiber Optic Interconnect Plans 1 4 15 25 45 $ 7,480.00 Task 5 Engineers Estimate 1 2 4 6 $ 1,500.00 13 $ 4,070.00Task 6 Specifications 1 2 6 12 $ 2,750.00 21 $ 6,820.00Task 7 Potholing 2 16 $ 42,000.00 18 $ 45,260.00 Task 8 Advertisement and Construction Support 2 8 8 8 $ 2,725.00 26 $ 7,665.00 Task 9 Record Drawings 4 16 $ 1,227.00 20 $ 4,387.00
8 36 24 106 153 - - 327
$2,160.00 $6,840.00 $5,040.00 $19,080.00 $22,950.00 38,324.00 $ $ 42,000.00 $ 136,394.00 $ 128,654.00$ 7,740.00
$ 136,394.00
TOTAL COST (Without Optional Tasks)
TOTAL COST (Optional Tasks Only)
TOTAL COST (With Optional Tasks)
City of Fontana - S. Highland Avenue and Juniper Avenue Traffic Signal Project STC Traffic, Inc. Cost Proposal - Man Hour Worksheet
Total Hours
Subtotal Labor
ERSC
(Sub)
Potholing
(Sub)
1 267
Employee Name Stack, Jason Lambarth, Christian Blough, Rob Walters, Joseph Gonzalez, Ivan Principal-InCharge Project Manager Senior Project Manager | Design Lead Project Engineer Associate Engineer Standard Billing Rate $270.00 $190.00 $210.00 $180.00 $150.00 Task Task Description Total Hours Total Cost
Task 1 Project Management 2 $ 2,810.00 2 $ 3,350.00
Task 2.1 Survey 2 $ 10,035.00 2 10,415.00 $
Task 2.2 Right-of-Way (Optional Task) 2 $ 3,500.00 2 $ 3,880.00 Task 3 Composite Utility Plan and Utility Coordination 2 $ 3,790.00 2 $ 4,210.00Task 4 Construction Plan Preparation and Coordination Task 4.1 Street Improvement Plans $ 7,277.00 - $ 7,277.00 Task 4.2 Traffic Signal Plans 1 8 40 75 124 $ 20,240.00 Task 4.3 Storm Drain Improvement Plans (Optional Task) 1 2 4 $ 2,710.00 7 $ 3,860.00 Task 4.4 Signing and Striping Plan 1 4 15 25 45 $ 7,480.00Task 4.5 Fiber Optic Interconnect Plans - $ - Task 5 Engineers Estimate 1 2 4 6 $ 1,500.00 13 $ 4,070.00 Task 6 Specifications 1 2 6 12 $ 2,750.00 21 $ 6,820.00Task 7 Potholing 2 16 $ 42,000.00 18 $ 45,260.00 Task 8 Advertisement and Construction Support 2 8 8 8 $ 2,725.00 26 $ 7,665.00 Task 9 Record Drawings 4 16 $ 1,227.00 20 $ 4,387.00
7 32 24 91 128 - - 282
$1,890.00 $6,080.00 $5,040.00 $16,380.00 $19,200.00 38,324.00 $ $ 42,000.00 $ 128,914.00 $ 121,174.00
$ 7,740.00
$ 128,914.00
Subtotal Labor
TOTAL COST (Without Optional Tasks)
TOTAL COST (Optional Tasks Only)
TOTAL COST (With Optional Tasks)
City of Fontana - Santa Ana Avenue and Juniper Avenue Traffic Signal Projects STC Traffic, Inc. Cost Proposal - Man Hour Worksheet
ERSC
(Sub)
Potholing
(Sub)
Total Hours
2 268
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2629 Agenda Date: 12/12/2023
Agenda #: Q. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Annual Report on Development Impact Fees
RECOMMENDATION:

Adopt Resolution No. 2023-116, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds COUNCIL GOALS:
· Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by emphasizing capital formation. · Practice sound fiscal management by producing transparent information in a timely matter. · Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

California Government Code Sections 66000-66006 impose requirements for the collection and expenditure of development impact fees. The City has twelve different development impact fee funds with combined collected revenues from the last fiscal year of approximately $21.7 million.

Under Government Code Section 66006(b), the City must issue a yearly report relating to the development impact fees it imposes. In addition, pursuant to Government Code Section 66001(d), at least every five years, the City must make certain findings with respect to that portion of each development fee account remaining unexpended. This report satisfies those statutory requirements for accounting for development impact fees.

A copy of this report was made available to the public on November 20, 2023, at least 15 days prior to this meeting as required by law.

FISCAL IMPACT:

Approval of this report will have no fiscal impact to the City. However, revenue generated by development impact fees pays for millions of dollars of infrastructure each year.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 12/6/2023
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Page 1 of 2 ends

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

APPROVING THE ANNUAL REPORT ON DEVELOPMENT IMPACT

FEES AND MAKING FINDINGS AS TO UNEXPENDED FUNDS
WHEREAS, California Government Code Sections 66000-66006 impose requirements for the collection and expenditure of development impact fees; and WHEREAS, pursuant to Government Code Section 66006(b), the City must issue a yearly report relating to the development impact fees it imposes; and WHEREAS, pursuant to Government Code Section 66001(d), at least every five years the City must make certain findings with respect to that portion of each development fee account remaining unexpended; and
WHEREAS, pursuant to Government Code Section 66006(b)(2), the report was made available to the public not less than 15 days prior to the public meeting.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:

Section 1. The City Council approves the attached Annual Report of Development Impact Fees for the Fiscal Year Ended June 30, 2023, and adopts the findings included there.

APPROVED AND ADOPTED this 12th day of December, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine M. Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 12th day of December, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:
270
Resolution No. 2023-

Page 2 of 2 ends

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
271
City of Fontana
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2023
Background
The Mitigation Fee Act, Government Code Section 66000 et seq., (the “Act”) governs the establishment and administration of development impact fees paid by new development projects for public facilities needed to serve new development. Fees must be separately accounted for and used for the specific purpose for which the fee was imposed. The City’s adopted development impact fees are listed in the attached exhibits. Expenditures are authorized through the annual Operating Budget and the City’s Capital Improvement Program.

Annual Development Fee Reporting
The Act requires that the City prepare an annual review of all development impact fees as defined in the Act and make a public report on the fees available to the public after the end of each fiscal year. Government Code Section 66006(b)(2) requires the report to be placed on an agenda for review at a public meeting not less than 15 days after the report is made available to the public.

The City is also required to adopt by resolution certain findings for any fund accounts which contain unexpended funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001(d)).

The report is organized as follows:

Section 1. A brief description of the purpose of each development impact fee, its authorizing legislation and current amount (Government Code Section 66006(b)(1)(A)).

Section 2. A summary of the beginning fund balance, annual fee revenue collected and interest earned, public improvement expenditures, and the ending fund balance for each fee (Government Code Section 66006(b)(1)(C) and (D)).

Section 3. A five-year history of the beginning fund balance, annual fee revenue collected and interest earned, public improvement expenditures, and the ending fund balance for each fee (Government Code Section 66006(b)(1)(C) and (D)).

Section 4. A listing of projects funded or to be funded with development impact fees.

Section 5. Report of Findings for each fee.
272
SFDU Retail Office Industrial
620 San Sevaine Flood Control Drainage facility improvements 90-34 $4,405 $4,405 $4,405 $4,405 $4,405 $4,405 621 Upper Etiwanda Flood Control Drainage facility improvements 90-34 $9,790 $9,790 $9,790 $9,790 $9,790 $9,790 SFDU Retail Office Industrial
622 Storm Drainage - Declez North Master interceptor drains & major drainage facilities 2022-065 $27,182 $27,182 $27,182 $27,182 $27,182 $27,182 622 Storm Drainage - Declez South Master interceptor drains & major drainage facilities 2022-065 $32,274 $32,274 $32,274 $32,274 $32,274 $32,274 622 Storm Drainage - Fontana East Master interceptor drains & major drainage facilities 2022-065 $16,550 $16,550 $16,550 $16,550 $16,550 $16,550 622 Storm Drainage - I-10 North Master interceptor drains & major drainage facilities 2022-065 $23,768 $23,768 $23,768 $23,768 $23,768 $23,768 622 Storm Drainage - I-10 South Master interceptor drains & major drainage facilities 2022-065 $5,827 $5,827 $5,827 $5,827 $5,827 $5,827 622 Storm Drainage - I-15 North Master interceptor drains & major drainage facilities 2022-065 $22,226 $22,226 $22,226 $22,226 $22,226 $22,226 622 Storm Drainage - Lower Etiwanda Master interceptor drains & major drainage facilities 2022-065 $9,713 $9,713 $9,713 $9,713 $9,713 $9,713 622 Storm Drainage - Middle Etiwanda Master interceptor drains & major drainage facilities 2022-065 $8,102 $8,102 $8,102 $8,102 $8,102 $8,102 622 Storm Drainage - Project 3-4 Master interceptor drains & major drainage facilities 2022-065 $19,492 $19,492 $19,492 $19,492 $19,492 $19,492 622 Storm Drainage - Upper Etiwanda Master interceptor drains & major drainage facilities 2022-065 $10,508 $10,508 $10,508 $10,508 $10,508 $10,508 SFDU 0-2 3+ Retail Office Industrial
630 Circulation Mitigation Arterial street and interchange improvements 2022-065 $6,685 $4,092 $4,092 $10,030 $8,120 $4,090 SFDU 0-2 3+ Retail Office Industrial
630 Local Transportation Street, sidewalks and pathways 2022-065 $925 $878 $925 $0.253 $0.253 $0.073 630 Local Arterials Local four-lane arterials 2022-065 $518 $492 $518 $0.141 $0.141 $0.041 630 Traffic Signals Local traffic signals 2022-065 $160 $154 $160 $0.044 $0.044 $0.013 631 Fire Assessment Fire protection facilities 2022-065 $431 $409 $431 $0.118 $0.118 $0.034 632 General Government Public facilities 2022-065 $520 $494 $520 $0.142 $0.142 $0.042 633 Landscape Improvements Median landscaping 2022-065 $326 $310 $326 $0.089 $0.089 $0.026 634 Library Cap Improvements Library facilities 2022-065 $116 $110 $116 $0.031 $0.031 $0.009 635 Park Development Park and recreational facilities 2022-065 $7,733 $7,347 $7,733 N/A N/A N/A 636 Police Cap Facilities Police facilities, vehicles and equipment 2022-065 $552 $523 $552 $0.150 $0.150 $0.044 698 Affordable Housing Inclusionary housing 2022-065 $1,574 $768 $768 $1.880 $1.310 $0.150 SFDU 0-2 3+ Retail Office Industrial
702 Sewer Capital Sewer connection 2022-065 $1,023.00 $1,023.00 $1,023.00 $1,023.00 $1,023.00 $1,023.00 Non-Residential Fees per EDU
Fund # Fund Description Fee Description Last Updated Residential Fees per Dwelling Unit Non-Residential Fees per Building SF
Fund # Fund Description Fee Description Last Updated Residential Fees per Dwelling Unit Non-Residential Fees per 1,000
Gross Building SF
Fund # Fund Description Fee Description Last Updated
Residential Fees per Net Developable
Acre
Non-Residential Fees per 1,000
Gross Building SF
Fund # Fund Description Fee Description Last Updated Residential Fees per Dwelling Unit Government Code Section 66006(b)(1)(A) and (B)
Fund # Fund Description Fee Description Last Updated Residential Fees per Gross Acre Non-Residential Fees per 1,000 Gross Building SF
Brief Description and Amount of Fees
City of Fontana
Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2023
Section 1

Page 1 of 1 ends

273
Beginning
Balance
Ending
Balance
07/01/22 06/30/23
620 Flood Control - San Sevaine 1,403,656 626,722 2,714 (87,935) (13,670) 1,931,487 621 Flood Control - Etiwanda 45,557 0 358 0 0 45,915
622 Storm Drain 18,253,547 3,178,479 121,550 (669,467) (125,460) 20,758,650 630 Circulation Mitigation 15,444,197 9,796,269 231,173 (3,485,004) (185,130) 21,801,505 631 Fire Facility 666,331 256,594 6,354 0 (322,890) 606,389 632 Public Facilities 11,982,002 374,013 89,241 0 0 12,445,256 633 Median Landscaping 5,900,772 229,569 50,551 (306,174) (47,840) 5,826,878 634 Library Facility 1,179,839 104,438 11,812 (113,459) 0 1,182,630 635 Park Development 18,195,031 3,466,764 142,775 (1,261,439) (223,690) 20,319,441 636 Police Facilities 3,582,441 412,280 25,073 (302,278) (4,690) 3,712,826 698 Affordable Housing 5,470,320 2,411,904 22,377 (552,687) 0 7,351,914 702 Sewer Connection 2,674,884 811,632 49,523 504,743 (709,564) (9,280) 3,321,938 TOTALS 84,798,578 21,668,664 753,500 504,743 (7,488,006) (932,650) 99,304,829 Cost
Allocation Fund Fund Description Fees Collected
Interest
Earned
Other
Revenues
Capital
Expenditures
City of Fontana
Fiscal Year Ended June 30, 2023
Fund Balances, Fees Collected, Interest Earned, and Project Expenditures Government Code Section 66006(b)(1)(C) and (D)
Annual Report
Development Impact Fees
Section 2

Page 1 of 1 ends

274
Fee Type 2022/23 2021/22 2020/21 2019/20 2018/19
Flood Control - San Sevaine (620)
Beginning balance 1,403,656 579,435 461,015 364,953 367,042 Revenue 626,722 977,357 216,918 186,943 84,164
Interest 2,714 (42,875) 1,880 15,862 19,395
Other revenue
Capital (87,935) (96,861) (86,578) (92,743) (92,748)
Cost allocation (13,670) (13,400) (13,800) (14,000) (12,900) Ending balance 1,931,487 1,403,656 579,435 461,015 364,953 Flood Control - Etiwanda (621)
Beginning balance 45,557 46,973 46,925 45,840 44,339
Revenue 0 0 0 0 0
Interest 358 (1,416) 48 1,085 1,501
Other revenue
Capital
Cost allocation
PPA - fees owed to County
Ending balance 45,915 45,557 46,973 46,925 45,840
Storm Drain (622)
Beginning balance 18,253,547 15,843,084 14,963,962 13,634,637 13,996,233 Revenue 3,178,479 4,373,223 3,529,070 2,440,966 2,001,556 Interest 121,550 (634,878) 22,156 389,307 485,316
Other revenue
Capital (669,467) (1,204,881) (2,381,903) (1,011,048) (2,347,468) Cost allocation (125,460) (123,000) (290,200) (489,900) (501,000) Ending balance 20,758,650 18,253,547 15,843,084 14,963,962 13,634,637 Circulation Mitigation (630)
Beginning balance 15,444,197 7,696,915 102,964 (3,481,614) (10,281,237) Revenue 9,796,269 10,055,943 8,680,924 5,049,189 7,147,782 Interest 231,173 (1,309,715) 64,926 563,486 777,028
Other revenue
Capital (3,485,004) (817,446) (1,024,499) (1,953,097) (1,030,387) Cost allocation (185,130) (181,500) (127,400) (75,000) (94,800) Ending balance 21,801,505 15,444,197 7,696,915 102,964 (3,481,614) Government Code Section 66006(b)(1)(C) and (D)
Annual Report
Development Impact Fees
City of Fontana
Fiscal Year Ended June 30, 2023
Fund Balances, Fees Collected, Interest Earned, and Project Expenditures - Five Year History Section 3

Page 1 of 3 ends

275
Fee Type 2022/23 2021/22 2020/21 2019/20 2018/19
Government Code Section 66006(b)(1)(C) and (D)
Annual Report
Development Impact Fees
City of Fontana
Fiscal Year Ended June 30, 2023
Fund Balances, Fees Collected, Interest Earned, and Project Expenditures - Five Year History Fire Facility (631)
Beginning balance 666,331 637,971 719,932 856,721 757,475 Revenue 256,594 340,822 235,012 155,707 383,204
Interest 6,354 (20,713) 655 16,863 24,203
Other revenue
Capital 0 0 0 (309,359) (308,161)
Cost allocation (322,890) (291,749) (317,628) 0 0
Ending balance 606,389 666,331 637,971 719,932 856,721
Public Facilities (632)
Beginning balance 11,982,002 11,327,524 10,110,789 9,127,783 7,335,477 Revenue 374,013 1,025,717 1,202,606 757,037 1,536,608
Interest 89,241 (371,240) 14,729 225,969 260,171
Other revenue
Capital 0 0 0 0 (4,473)
Cost allocation 0 0 (600) 0 0
Ending balance 12,445,256 11,982,002 11,327,524 10,110,789 9,127,783 Median Landscaping (633)
Beginning balance 5,900,772 5,582,394 5,809,267 5,612,257 4,263,188 Revenue 229,569 658,150 536,533 454,735 1,263,373
Interest 50,551 (184,480) 6,607 133,565 153,935
Other revenue
Capital (306,174) (108,392) (760,214) (386,590) (64,939) Cost allocation (47,840) (46,900) (9,800) (4,700) (3,300) Ending balance 5,826,878 5,900,772 5,582,394 5,809,267 5,612,257 Library Facility (634)
Beginning balance 1,179,839 1,020,693 475,855 248,297 1,540,128 Revenue 104,438 285,160 567,217 328,919 325,570
Interest 11,812 (38,944) 2,321 9,639 40,187
Other revenue
Capital (113,459) (87,070) 0 (100,000) (1,653,088)
Cost allocation 0 0 (24,700) (11,000) (4,500)
Ending balance 1,182,630 1,179,839 1,020,693 475,855 248,297 Section 3

Page 2 of 3 ends

276
Fee Type 2022/23 2021/22 2020/21 2019/20 2018/19
Government Code Section 66006(b)(1)(C) and (D)
Annual Report
Development Impact Fees
City of Fontana
Fiscal Year Ended June 30, 2023
Fund Balances, Fees Collected, Interest Earned, and Project Expenditures - Five Year History Park Development (635)
Beginning balance 18,195,031 5,120,626 5,533,262 6,366,089 5,666,657 Revenue 3,466,764 15,299,536 1,645,189 1,274,558 1,846,002 Interest 142,775 (553,613) 4,200 148,523 202,231
Other revenue
Capital (1,261,439) (1,452,218) (1,906,824) (1,827,208) (1,220,901) Cost allocation (223,690) (219,300) (155,200) (428,700) (127,900) Ending balance 20,319,441 18,195,031 5,120,626 5,533,262 6,366,089 Police Facilities (636)
Beginning balance 3,582,441 3,582,959 2,907,816 2,509,702 1,929,674 Revenue 412,280 640,651 767,821 418,738 664,646
Interest 25,073 (115,173) 5,343 63,840 70,807
Other revenue
Capital (302,278) (521,396) (80,321) (39,064) (145,925) Cost allocation (4,690) (4,600) (17,700) (45,400) (9,500) Ending balance 3,712,826 3,582,441 3,582,959 2,907,816 2,509,702 Affordable Housing (698)
Beginning balance 5,470,320 5,656,571 4,772,171 3,974,083 3,221,282 Revenue 2,411,904 1,497,365 876,809 710,496 639,198
Interest 22,377 (137,525) 7,591 87,592 113,603
Other revenue
Capital (552,687) (1,546,090) 0 0 0
Cost allocation 0 0 0 0 0
Ending balance 7,351,914 5,470,320 5,656,571 4,772,171 3,974,083 Sewer Connection (702)
Beginning balance 2,674,884 2,457,842 2,242,168 2,099,980 1,726,495 Revenue 811,632 336,864 325,729 281,127 501,363
Interest 49,523 (35,784) 3,774 10,159 6,023
Other revenue 504,743 510,640 509,039 506,564 516,974
Loan proceeds
Loan repayment (416,115) (416,115) (416,115) (416,115) (416,115) Capital (293,449) (169,463) (198,753) (213,647) (227,160) Cost allocation (9,280) (9,100) (8,000) (25,900) (7,600) Ending balance 3,321,938 2,674,884 2,457,842 2,242,168 2,099,980 Section 3

Page 3 of 3 ends

277
Flood Control - San Sevaine (620) 0
Due to County Flood Control
See Findings
Flood Control - Etiwanda (621) 0
See Findings
Storm Drain (622) 6,074,061
0063 COURTPLACE 2024 500,000 500,000 0 500,000 100%
3361 CYPRESS STORM DRAIN 2023 16,356,715 8,117,000 2,542,939 5,574,061 50% Circulation (630) 33,962,206
Due to other funds for project funding 18,370,049
0002 W LIBERTY PARKWAY/MILLER TS 2023 829,884 44,884 0 44,884 5.41% 0003 FONTANA SRTS GAP CLOSURE 2023 3,745,000 45,912 0 45,912 1.23% 0039 CITRUS AVE WIDENING AT SR-210 2024 620,000 199,020 7,570 191,450 32.10% 0042 WESTGATE AT CHERRY & VICTORIA AVE 2024 4,040,000 1,251,900 0 1,251,900 30.99% 3058 I-10 CEDAR INTERCHANGE 2023 2,000,000 2,000,000 486,020 1,513,980 100.00% 3087 I-10 CHERRY INTERCHANGE 2023 10,226,733 9,859,500 9,553,068 306,432 96.41% 3088 I-10 CITRUS INTERCHANGE 2023 26,350,374 17,124,401 16,395,578 728,823 64.99% 3281 SIERRA: FOOTHILL - BASELINE 2023 19,843,064 6,369,624 3,834,386 2,535,238 32% 3323 I-15 BASELINE INTERCHANGE 2023 6,028,000 6,028,000 0 6,028,000 100% 3333 FOOTHILL: HEMLOCK - ALMERIA 2024 2,230,000 715,830 251,177 464,653 32% 3339 ALDER - LOCUST RAMONA SRTS 2023 5,406,660 350,160 0 350,160 6% 3350 ETIWANDA/SLOVER 2023 13,147,629 3,146,196 1,059,935 2,086,261 24% 3378 SIERRA: SUMMIT TO I15 ROW 2023 400,000 128,400 83,936 44,464 32% Fire Facility (631) 4,752,110
Due to Bondholders 4,752,110
Project # Project % From Dev
Impact Fees
Expended
Development
Impact Fees
Budgeted
Development
Impact Fees
Project
Completion
Total Project
Cost
Pending DIF
Expenditures
Projects
Government Code Section 66006(b)(1)(E)
City of Fontana
Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2023
Section 4

Page 1 of 2 ends

278
Project # Project % From Dev
Impact Fees
Expended
Development
Impact Fees
Budgeted
Development
Impact Fees
Project
Completion
Total Project
Cost
Pending DIF
Expenditures
Projects
Government Code Section 66006(b)(1)(E)
City of Fontana
Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2023
Public Facilities (632) 0
Median Landscaping (633) 6,091,289
0020 JURUPA AVE. LANDSCAPE MEDIAN 2024 6,790,000 4,690,000 338,599 4,351,401 69% 3361 CYPRESS STORM DRAIN 2023 16,356,715 1,900,000 160,111 1,739,889 12% Library Facility (634) 199,472
Due to General Fund 100,000
0034 LEWIS LIBRARY WALL 2023 300,000 300,000 200,528 99,472 100% Park Development (635) 6,965,183
0010 McDERMOTT PARKING LOT 2023 520,000 520,000 210 519,790 100% 0045 MILLER PARK FENCE 2024 900,000 900,000 728 899,272 100% 0058 MARTIN TUDOR PARK DESIGN 2024 50,000 50,000 0 50,000 100% 3345 SAN SEVAINE PH I 2025 11,712,146 5,000,000 0 5,000,000 43% 0008 SOUTHRIDGE DOG PARK EAST 2024 250,000 250,000 2,000 248,000 100% 0009 SOUTHRIDGE DOG PARK WEST 2024 250,000 250,000 2,000 248,000 100% 4241 SPORTS PARK 2024 1,818,171 496 375 121 0%
Police Facilities (636) 225,154
0021 PD FENCE ON SEVILLE AVE 2023 530,342 24,342 24,342 0 5% 2029 POL BUILDING IMPROVEMENTS 2023 336,000 302,000 261,000 41,000 90% 2040 CAPTAIN OFFICES REMODEL 2023 807,000 714,000 551,151 162,849 88% 4328 EOC POLICE LOBBY REMODEL 2023 2,342,740 300,000 278,696 21,304 13% Affordable Housing (698) 2,446,167
0007 AHT ACQ/REHAB/RENTAL 2024 4,483,141 4,483,141 2,036,974 2,446,167 100% Sewer Connection (702) 2,463,562
Due to State Revolving loan for San Bernardino Trunk Sewer 2,463,562 Section 4

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City of Fontana
Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2023
Report of Findings
(Government Code Section 66001(d))
Section 5

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San Sevaine Flood Control – Fund 620
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference. The San Sevaine Flood Control fee is a “pass-through” fee to the San Bernardino County Flood Control District (SBCFCD). The SBCFCD determines the project priorities and project expenditures and by agreement the SBCFCD will request a draw of funds on a project priority basis.

Fees are currently being accumulated and are on reserve for these SBCFCD projects.

Upper Etiwanda Flood Control – Fund 621
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference. The Upper Etiwanda Flood Control fee is a “pass-through” fee to the San Bernardino County Flood Control District (SBCFCD). The SBCFCD determines the project priorities and project expenditures and by agreement the SBCFCD will request a draw of funds on a project priority basis.

Fees are currently being accumulated and are on reserve for these SBCFCD projects.

Storm Drainage – Fund 622
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.

Circulation Mitigation – Fund 630
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference. Many of the projects funded with these fees are subject to a Measure I Agreement which identifies the City’s DIF share.

In order to move projects forward, funds have been borrowed from other sources. All circulation mitigation fees collected are obligated to repay those other sources. 280
City of Fontana
Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2023
Report of Findings
(Government Code Section 66001(d))
Section 5

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Fire Facility – Fund 631
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference. In order to fund the construction of Fire Station No. 71, the Fontana Public Financing Authority issued Taxable Recovery Zone Economic Development Bonds on December 8, 2010, in the amount of $5,420,000. These bonds were refinanced in November 2021 through the issuance of the City’s 2021A Lease Revenue Bonds in the amount of $23,125,000 which will also fund Fire Stations No. 80 and 81 as well as the Fire Protection District Training Facility.

Bond debt service for Fiscal Year 2022/23 is $1,395,400. Fire facility fees as available will be used to service this debt obligation, with any shortfall to be paid by the Fontana Fire Protection District.

Public Facilities – Fund 632
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.

Median Landscaping – Fund 633
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.

Library Facility – Fund 634
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.

Park Development – Fund 635
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.
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City of Fontana
Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2023
Report of Findings
(Government Code Section 66001(d))
Section 5

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Police Facilities – Fund 636
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.

Affordable Housing – Fund 698
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference.

Sewer Connection – Fund 702
The purpose of the fee, the relationship between the fee and the purpose, the sources of anticipated funding and the approximate dates on which funding is expected are set forth in the City’s most recent Capital Improvement Plan for Fiscal Years 2021/2022 – 2027/2028, which is incorporated herein by reference. In order to fund the San Bernardino Trunk Sewer project, $8,322,304 was borrowed from the State Revolving Loan Fund. The loan repayment is equal to $416,115 per year. Sewer connection fees are obligated for one-half of this annual repayment amount.

282
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2647 Agenda Date: 12/12/2023
Agenda #: R. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the San Sevaine Trail Phase I Segment 2 Project RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a Construction Contract with H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase I Segment 2 Project in the amount of $13,314,324, authorize a 10% contingency in the amount of $1,331,432 (Bid No.

SB-109-DE-23) contingent upon San Bernardino County Transportation Authority (SBCTA) Board Approval of Project Funding Plan, and ratify determination that the protest filed in connection therewith is without merit and any deficiencies asserted in connection with the protest are insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage.

2. Appropriate $2,500,000 from Park Development Impact Fees (DIF) to the San Sevaine Trail Phase 1 Segment 2 Project No. 3345.

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the San Sevaine Trail Phase 1, Segment 2 Project (SB-109-DE-23).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The San Sevaine Trail Phase I Segment 2 Project is a multi-jurisdictional cooperative effort that will enhance the connectivity for bicyclists and pedestrians between the Pacific Electric Trail and public facilities within the Cities of Fontana and/or Rancho Cucamonga, such as Etiwanda High School, as well as other future infrastructure improvements. The trail is designed to run parallel to the Etiwanda Creek, a flood control channel owned and operated by the San Bernardino County Flood Control District (SBCFCD). The trail will utilize the existing County maintenance road along the west side of the channel and fill in gaps where a road does not currently exist. The multiuse path will begin with a direct connection to the Pacific Electric Trail to the south and will run north terminating at Banyan Street in the City of Rancho Cucamonga. The project length is approximately 1.25 miles, with 0.3 City of Fontana Page 1 of 2 Printed on 12/6/2023
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Street in the City of Rancho Cucamonga. The project length is approximately 1.25 miles, with 0.3 miles located within the City of Fontana and the remaining 0.95 miles located in the City of Rancho Cucamonga.

On October 9, 2023 at 2:00pm, the bids for this contract were opened. A total of four (4) bids were received ranging from $13,314,324.00 to $16,923,429.00. H&H General Contractors, Inc. is the lowest bidder in the amount of $13,314,324.00. The Engineer’s Estimate was $9,187,200.00. After reviewing the proposed bid document, Engineering staff has determined H&H General Contractors, Inc. to be the lowest responsive and responsible bidder.

A bid protest was submitted to the City on October 9, 2023, with a denial issued on November 28, 2023, with a determination made that the protest was without merit and that any deficiencies asserted in connection with the protest were insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $14,645,756, for the full term of the construction contract. The available budget is $13,045,833.90. Considering all project expenses, an additional $2,500,000.00 is being requested in 37603345-635-A-8330 and is not included in the FY 2023-2024 budget. The request will be submitted in the next quarterly budget report and will be funded by Park Development Impact Fees.

The City is actively pursuing additional funding from the Department of Parks and Recreation and SBCTA Carbon Reduction Program Funds. It is anticipated that additional funding in the amount of $2,500,000 will be granted to the project from the Department of Parks and Recreation, SBCTA and SCAG that will reduce the DIF fund impact. All future costs will be included in subsequent fiscal year budgets.

MOTION:

Approve staff recommendation.

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City of Rancho Cucamonga
City of Fontana
City Limit
Vicinity Map
285
Bid Results
San Sevaine Trail Phase I Segment 2 Project
SB-103-DE-23

1. H&H General Contractors, Inc. $13,314,324.00
Highland, CA

2. Nationwide Contracting Services, Inc. $13,627,831.00 Huntington Beach, CA

3. Empire Equipment Service, Inc. $14,130,087.42
Mira Loma, CA

4. Riverside Construction Company, Inc. $16,923,429.00
Riverside, CA
286
City of Fontana
SAN SEVAINE TRAIL – PHASE 1, SEGMENT 2 (SB-109-DE-23), bidding on 10/09/2023 2:00 PM (PST)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2633 Agenda Date: 12/12/2023
Agenda #: S. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Sierra Avenue Landscape Median Project (Bid No. DE-24-28- SB)
RECOMMENDATION:

1. Award Bid and authorize the City Manager to execute a construction contract with IMR Landscape, Inc. for the construction of the Sierra Avenue Landscape Median Project in the amount of $745,690.00 and authorize a 10% contingency in the amount of $74,569.00 (Bid No.

DE-24-28-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Avenue Landscape Median Project.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

The Sierra Avenue Landscape Median project will install new landscaping within a newly constructed raised landscape median along Sierra Avenue between Foothill Avenue and Baseline Avenue. This project will enhance the aesthetics of the neighborhood along this major corridor of the community.

The improvements will include the installation of new boulders, shrubs, trees, rock cobble treatment, and irrigation system within a newly constructed raised median.

On November 2, 2023, at 2:00 p.m., the bids for this contract were opened. A total of 11 bids were received ranging from $745,690.00 to $1,676,000.00. IMR Landscape, Inc. is the lowest bidder in the amount of $745,690.00. The Engineer's estimate was $900,000.00. After reviewing the proposed bid documents, Purchasing staff has determined IMR Landscape, Inc. to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $820,259.00 for the full term of the contract, and is included in the 2023-2024 available budget in 37603281-245-A-8329 ($556,955.86) from the Local Measure I (Arterial) Fund and 37603281-630-A-8329 ($263,303.14) from the City of Fontana Page 1 of 2 Printed on 12/6/2023
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from the Local Measure I (Arterial) Fund and 37603281-630-A-8329 ($263,303.14) from the Circulation Mitigation Fund.

MOTION:

Approve staff recommendation.

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N PROJECT LOCATION

SIERRA AVENUE LANDSCAPE PROJECT
0 1 inch = 800 feet
800 1600
295
Bid Results
Sierra Avenue Landscape Median Project
DE-24-28-SB

1. IMR Landscape, Inc. $745,690.00
Norco, CA

2. Earthscapes Landscape, Inc. $775,331.61
Santa Ana, CA

3. KASA Construction, Inc. $777,583.50
Chino, CA

4. Superb Engineering $819,699.40
Banning, CA

5. Marina Landscape, Inc. $894,537.60
Orange, CA

6. Southern California Landscape, Inc. $912,082.74
Rancho Cucamonga, CA

7. Diamond Construction $990,500.15
La Habra, CA

8. SGD Enterprises $1,028,608.00
Van Nuys, CA

9. Conserve Landcare $1,143,639.50
Thousand Palms, CA

10. Environmental Construction, Inc. $1,554,655.00
Woodland Hills, CA

11. Los Angeles Engineering, Inc. $1,676,000.00
Covina, CA
296
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2650 Agenda Date: 12/12/2023
Agenda #: T. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Adopt the Updated Salary Table for the Non-Classified, Part-time Classifications Due to Minimum Wage Increases.

RECOMMENDATION:

Adopt Resolution No. 2023-117, a resolution of the City Council of the City of Fontana adopting the non-classified, part-time salary table to comply with minimum wage increases, effective January 1, 2024.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Operate in a businesslike manner by correcting problems immediately. · Practice sound fiscal management by producing timely and accurate financial information.

DISCUSSION:

In an effort to continually provide living wages to all workers, the California Legislature has enacted a state mandate raising minimum wage from its current level of $15.50 per hour to $16.00 per hour across all industries, effective January 1, 2024.

In order to adhere to the state mandate, the City of Fontana has reassessed current part-time salaries to remain competitive in the marketplace while consistently attracting quality candidates.

Staff is recommending the formal adoption by City Council of the attached Salary Table. Formal adoption of all City Salary Tables is in accordance with the guidelines provided by the California Public Employee Retirement System (CalPERS).

FISCAL IMPACT:

Annual fiscal impact related to the 2024 Minimum Wage increase is estimated at $318,310 citywide.

Total for the Community Services Department is estimated at $306,600 annually, $186,800 in the General Fund and the difference of $119,800 in the After School Program, Fund #385. No additional funding is needed as the current part-time budget in Community Services is able to cover costs associated with the minimum wage increase.

MOTION:

Approve staff recommendation
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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE UPDATED SALARY TABLE FOR NON-CLASSIFIED,
PART-TIME CLASSIFICATIONS DUE TO MINIMUM WAGE ORDER.

WHEREAS, the City Council of the City of Fontana has adopted the Personnel Rules and Regulations which incorporate the City’s Classification Plan; and WHEREAS, the Classification Plan is not a static plan and requires revision to reflect organizational changes and needs.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to adopt the updated salary table for the non-classified, part-time classifications as mandated by the Minimum Wage Order for the State of California effective January 1, 2024.

EFFECTIVE DATE: December 30, 2023
APPROVED AND ADOPTED this 12th day of December 2023
READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McCellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 12th day of December 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
303
Resolution No.

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ATTEST:

City Clerk
304

NON-CLASSIFIED, PART-TIME CLASSIFICATIONS

HOURLY SALARY TABLE
Effective 12/30/2023
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
After School Community Services Assistant I PT 01 18.61 $ 19.54 $ 20.52 $ 21.55 $ 22.63 $ HOURLY After School Community Services Assistant II PT 02 19.76 $ 20.76 $ 21.80 $ 22.89 $ 24.04 $ After School Community Services Assistant III PT 03 21.00 $ 22.06 $ 23.17 $ 24.33 $ 25.55 $ Animal Services Assistant PT 04 16.00 $ 16.80 $ 17.64 $ 18.53 $ 19.46 $ Assistant Pool Manager PT 05 19.58 $ 20.56 $ 21.59 $ 22.67 $ 23.81 $ Audio Visual (AV) Technician I PT 28 18.23 $ 19.14 $ 20.10 $ 21.11 $ 22.17 $ Audio Visual (AV) Technician II PT29 20.05 $ 21.06 $ 22.12 $ 23.23 $ 24.40 $ Boards & Commission Secretary PT 06 19.23 $
Community Services Assistant PT 07 16.00 $ 16.80 $ 17.64 $ 18.53 $ 19.46 $ Intern I PT 08 16.00 $ 16.80 $ 17.64 $ 18.53 $ 19.46 $
Intern II PT 09 17.44 $ 18.32 $ 19.24 $ 20.21 $ 21.23 $ Intern III PT 10 19.00 $ 19.95 $ 20.95 $ 22.00 $ 23.10 $ IT Applications Programer PT 11 42.11 $
Lifeguard PT 12 16.48 $ 17.31 $ 18.18 $ 19.09 $ 20.05 $ Maintenance Assistant PT 14 16.00 $
Office Assistant PT 15 16.94 $ 17.79 $ 18.68 $ 19.62 $ 20.61 $ On-Call Police Dispatcher PT 16
Police Background Investigator PT 17 36.88 $
Police Cadet PT 18 16.00 $ 16.80 $ 17.64 $ 18.53 $ 19.46 $ Police Maintenance Coordinator PT 28
Police Reserve Officer PT 19 25.80 $
Pool Manager PT 20 21.34 $ 22.41 $ 23.54 $ 24.72 $ 25.96 $ Retired Annuitant/Consultant PT 26
Senior Audio Visual (AV) Technician PT 30 22.06 $ 23.17 $ 24.33 $ 25.55 $ 26.83 $ Senior Community Services Assistant PT 21 17.44 $ 18.32 $ 19.24 $ 20.21 $ 21.23 $ Senior Transportation Specialist PT 22 19.58 $ 20.56 $ 21.59 $ 22.67 $ 23.81 $ Student Trainee PT 23 16.00 $
Traffic Signal Maintenance Assistant PT 13 16.00 $ 16.80 $ 17.64 $ 18.53 $ 19.46 $ (Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
(Step 1 Only)
Salary Range $16.00 - $258.00 per hour
(Refer to Police Benefit Association Salary Table)
(Refer to Police Benefit Association Salary Table)

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NON-CLASSIFIED, PART-TIME CLASSIFICATIONS

HOURLY SALARY TABLE
Effective 12/30/2023
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Transportation Specialist PT 24 18.02 $ 18.92 $ 19.87 $ 20.87 $ 21.92 $ HOURLY Transportation Specialist Trainee PT 27 16.00 $
Water Safety Instructor (WSI) PT 25 17.97 $ 18.87 $ 19.82 $ 20.82 $ 21.87 $ (Step 1 Only)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2663 Agenda Date: 12/12/2023
Agenda #: U. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 8 to Professional Services Agreement with David Evans and Associates Inc. and Amendment No. 1.6.1 to Task Order with Interwest Consulting Group for the San Sevaine Trail Phase 1, Segment 2 Project
RECOMMENDATION:

1. Approve and authorize the City Manager to execute Amendment No. 8 to a Professional Services Agreement with David Evans and Associates Inc. for Engineering Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-12-DE-87-17) in the amount of $670,119.00 for a total contract amount of $1,591,941.32.

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

3. Approve and authorize the City Manager to execute Task Order 1.6.1 to Interwest Consulting Group, Inc. for Project Management Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-87-DE-19-04) in the amount of $174,000.00 for a total task order amount of $305,200.00.

4. Approve and authorize the City Manager to execute any future amendments to the Task Order.

DISCUSSION:

The San Sevaine Trail Phase 1, Segment 2 Project is a multi-jurisdictional cooperative effort that will enhance the connectivity for bicyclists and pedestrians between the Pacific Electric Trail and public facilities within the cities of Fontana and Rancho Cucamonga, such as Etiwanda High School, as well as other future infrastructure improvements. The trail is designed to run parallel to the Etiwanda Creek, a flood control channel owned and operated by the San Bernardino Flood Control District City of Fontana Page 1 of 3 Printed on 12/7/2023
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(SBCFCD). Th trail will utilize the existing County maintenance road along the west side of the channel and fill in gaps where a road does not currently exist. The multiuse path will begin with a direct connection to the Pacific Electric Trail to the south and will run north terminating at Banyan Street in the City of Rancho Cucamonga. The project length is approximately 1.25 miles, with 0.3 miles located within the City of Fontana and the remaining 0.95 miles in the City of Rancho Cucamonga.

The City of Fontana is the lead agency for the design and construction of the Project. On January 10, 2017, the City Council approved a Professional Services Agreement with David Evans and Associates in the amount of $504,251.00 for the design of the Project. Seven (7) contract amendments have been authorized to accommodate changes in the original scope of work.

Amendment No. 1 in the amount of $18,000.00 expanded DEA’s services to include the Streamline Oversight Process with Caltrans for the construction of significant tie-back walls under the I-15 and SR-210 freeways where the trail will traverse under freeway bridges within Caltrans Right of way.

Amendment No. 2 in the amount of $15,858.32 authorized additional geotechnical exploration for the project. Amendment No. 3 in the amount of $39,080.00 authorized a Foundation Report for the Retaining Walls within Caltrans Right-of-way. Amendment No. 4 in the amount of $199,453.00 was authorized for additional design services required by the City of Rancho Cucamonga and SBCFCD to meet their jurisdictional requirements for the trail. Amendment No. 5 in the amount of $7,120.00 authorized additional design for Victoria Street widening as required by the City of Rancho Cucamonga. Amendment No. 6 in the amount of $138,060.00 was authorized for additional design services as a result of a wall type change required by Caltrans. Amendment No. 7 was for a contract term extension with no cost associated.

The most recent amendment to the Professional Services Agreement with David Evans and Associates is necessary as the project moves from the design phase into the construction phase.

Engineering services by a project designer are often needed to ensure compliance with design standards and requirements. David Evans and Associates will provide construction management support services that include, but are not limited to, submittal review, request for information responses, field verifications, construction survey & staking, and geotechnical & material testing services to ensure the construction is compliant with the project design and geotechnical reports.

While the partner agencies will have oversight within their jurisdiction, the City of Fontana, as the lead agency, is required to provide all necessary documentation and inspection services for the project. Amendment No. 8 will account for all anticipated engineering services by David Evans and Associates during construction in the amount not to exceed $670,119.00 barring any unforeseen construction conditions.

On September 9, 2021, a task order 1.6 in the amount of $131,200.00 was issued to Interwest Consulting Group, Inc. to perform project management services for the San Sevaine Trail Phase 1, Segment 2 Project. These services originally included project management services through the construction phase of the project. Over the course of the design phase, the project scope has increased due to various requirements by the partnering agencies requiring additional construction management services. Additionally, with the inclusion of federal grant funds from the Carbon Reduction Program (CRP) funding the construction of the project, federal administration of the project through Caltrans Local Assistance is now required for the construction phase. As a result, the amendment to the task order for Interwest Consulting Group, Inc. is necessary to ensure the project is compliant with Federal Regulations and Requirements. Amendment No. 1.6.1 to the task order will City of Fontana Page 2 of 3 Printed on 12/7/2023
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File #: 21-2663 Agenda Date: 12/12/2023
Agenda #: U. Category: Consent Calendar
account for all anticipated project management services during construction by Interwest Consulting Group, Inc. in the amount not to exceed $174,000.00 barring any unforeseen construction conditions.

The construction of the project is expected to begin in early 2024 with completion in late 2024.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $844,119.00 for the full term of the Agreements and is included in the 2023-2024 budget in 37603345-635-A-8115 (Park Development Funds).

MOTION:

Approve staff recommendation.

City of Fontana Page 3 of 3 Printed on 12/7/2023
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1 RVPUB\AQUINTERO\717659.1 (BB&K: 2006)
AMENDMENT NO. 8

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF FONTANA
AND

DAVID EVANS AND ASSOCIATES
TRACKING NUMBER SQ-12-DE-17

1. Parties and Date.

This AMENDMENT No. 8 to the Professional Services Agreement is made and entered into as of this 12th day of December, 2023, by and between the City of Fontana, (“City”) and David Evans and Associates, a Corporation with its principal place of business at 4141 East Inland Empire Blvd, Suite 250 Ontario, CA 91764 (hereinafter referred to as the “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement Contract Number SQ-12-DE-17 dated the 10th of January, 2017 (“Agreement”), for the purse of retaining the services of Consultant to provide Professional Engineering Design Services for the San Sevaine Trail Phase 1, Segment 2 Project.

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services, term and increase the not-to-exceed compensation amount. The parties have heretofore entered into that Amendment No. 7 dated February 11, 2021.

2.3 Amendment Authority. This Amendment No. 8 is authorized pursuant to Section

3.1.2 of the Agreement.

3. Terms.

3.1 Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:

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

3.2 Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
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2 RVPUB\AQUINTERO\717659.1 (BB&K: 2006)

3.1.2 Term. This contract shall go into effect on December 12, 2023, contingent upon approval by the City of Fontana and Consultant shall commence work after notification to proceed by the City of Fontana’s Contract Administrator. The contract shall end on April 30, 2025 unless extended by contract amendment. The City shall have the unilateral option , at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Consultant is advised that any recommendation for contract award is not binding on the City of Fontana until fully executed and approved by the City of Fontana.

3.3 Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. Amendment No. 8 is authorized in the amount of Six Hundred Seventy Thousand, One Hundred-Nineteen Dollars and Zero Cents ($670,119.00).

The total compensation shall not exceed One Million, Five Hundred Ninety-one Thousand, Nine Hundred Forty-one dollars and thirty-two cents ($1,591,941.32) without written approval of City’s Engineering Manager. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 8, all other provisions of this Agreement remain in full force and effect and shall govern the action so of the parties under this Amendment No. 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this AMENDMENT No. 8.

3.6 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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3 RVPUB\AQUINTERO\717659.1 (BB&K: 2006)

SIGNATURE PAGE TO
AMENDMENT NO. 8

TO THE CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew Ballantyne
City Manager

DAVID EVANS AND ASSOCIATES
By: ______________________________
Greg Davis
Vice President
Attest:

By:

Germaine Key, City Clerk
Attest:1
By:

Sean Haeri
Transportation Market Leader
Approved as to form:
_______________________________
Best Best & Krieger LLP
City Attorney
By:________________________________
Phillip Burum
Deputy City Manager
By: ______________________________
Gia Lam Kim
Director of Public Works/City Engineer

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha L. Voss
Director of Human Resources and Risk Management

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION

POLICIES/PROCEDURES
Jessica Brown
Chief Financial Officer Purchasing
1 Attestation of Consultant’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity. 313

EXHIBIT A
4 RVPUB\AQUINTERO\717659.1 (BB&K: 2006)
EXHIBIT “A”
- ATTACHED BEHIND THIS PAGE -
314
4141 E. Inland Empire Blvd, Ste 250, Ontario, CA 91764 Page 1 of 10 November 20, 2023
Kimberly Young, Senior Civil Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Subject: SAN SEVAINE TRAIL, PHASE 1, SEGMENT 2
REQUEST FOR ADDITIONAL SERVICES AND COMPENSATION –

CONSTRUCTION ENGINEERING SUPPORT SERVICES
Dear Ms. Young:

David Evans and Associates (DEA) is submitting a request for additional Construction Engineering Support Services for the City of Fontana San Sevaine Trail, Phase 1, Segment 2. The budget developed during our original proposal based on the original project scope which was to convert the existing maintenance road into the San Sevaine Trail. Since then, the project scope has expanded significantly by adding several large retaining walls in close proximity to the Caltrans bridges for SR-210 and I-15 thereby adding complex construction activities and additional processing and design coordination efforts with Caltrans. We recommend the entire project include construction engineering services and therefore, the originally proposed scope is insufficient to cover the current project scope.

Summarizing our discussions on the Construction Engineering Support Scope with Robert Eisenbeisz, DEA is recommending the following proposal to cover the additional activities for the Construction Engineering Services of this project. The estimated tasks and durations could vary from these initial thoughts and as such, a Time and Materials (T&M) Contract approach is recommended. Note: We have included an estimation of time, for convenience, however, since each RFI and Submittal Review will differ in labor effort, the hours should be used for budget estimation only.

Additionally, this proposed Change Request shall also extend the Project End Date to April 30, 2025, which should cover the potential 14-month construction window plus an additional 60 days for project closeout.

David Evans and Associates, Inc. (DEA) is pleased to submit our proposal to the City of Fontana for Construction Engineering Support Services:

Scope A: Construction Engineering Support Services
DEA will provide general Construction Engineering Support to help assist the City of Fontana Project Management Team to successfully oversee and complete this project. The following scope is for Key Staff to support the Construction Management.

Construction Engineering Support Services Est Hrs Avg Rate Est Total Preconstruction Meeting (Est. 2ppl @ 4hrs) 8 $250 $2,000 Permit Coordination with Caltrans, SBCFCD, and SCE 20 $200 $4,000 Meetings during Construction (Est. 4hr/mon @ 14mon) 56 $250 $14,000 Field Site Visits (as requested by City – Est. 4 visits) 32 $200 $6,400 Project Management (Est. 2hr/mon @ 14 mon) 28 $250 $7,000 EST TOTAL $33,400
315
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 2 of 10 Scope B: Civil, Landscape, Lighting, and Traffic – Shop Drawing Submittal Review & Bid Support
Shop Drawings and Material Submittals: DEA will coordinate the submittals from the City of Fontana Project Management Team to the appropriate team member for their prompt review and approval, then deliver responses in writing to the City of Fontana Project Management Team. To effectively manage and track submittals required to be reviewed by the DEA engineering team, DEA will utilize our internal submittal tracking system, including submittal register, pending logs, late logs, etc., as appropriate.

Staff Avg Rate Est Hrs Total
Senior Civil Engineer $250 60 $15,000
Senior Landscape Architect $250 20 $5,000
Senior Electrical Engineer $200 20 $4,000
Senior Traffic Engineer $269 20 $5,380
Administrative Assistant $120 36 $4,320
Scope B Total $33,700
Scope C: Civil, Landscape, Lighting, and Traffic – RFI Review & Response Request for Information: One of the key areas requiring swift response and coordination is the contractor’s “Request for Information” (RFI) documents. This is usually a request for design clarification or supporting documentation to the drawings and/or specifications, and prompt responses will help to expediate the construction effort. RFIs will receive the immediate attention of David Evan’s construction engineering support services team for a timely response.

RFIs will be received by DEA from the City of Fontana Project Management Team, logged into our internal tracking system, then reviewed. Once DEA has determined the appropriate response, the response will be delivered in writing to the City of Fontana Project Management Team. DEA will keep City of Fontana informed of our management of the RFI process, and can provide a copy of the RFI Status Reports, when requested.

Staff Avg Rate Est Hrs Total
Senior Civil Engineer $250 100 $25,000
Senior Landscape Architect $251 40 $10,040
Senior Electrical Engineer $200 40 $8,000
Senior Traffic Engineer $269 40 $10,760
Scope C Total $53,800
316
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 3 of 10 Scope D: Structural Retaining Wall – Shop Drawing Submittal Review Structural Shop Drawings and Material Submittals: Similar to Scope B above, DEA will coordinate the submittals from the City of Fontana Project Management Team to the appropriate Structural Engineer for their prompt review and approval, then deliver responses in writing to the City of Fontana Project Management Team. To effectively manage and track submittals required to be reviewed by the DEA engineering team, DEA will utilize our internal submittal tracking system, including submittal register, pending logs, late logs, etc., as appropriate. Below is a summary of the structural related shop drawings that are anticipated.
# Submittal
1 Concrete Mix Design – CIP Facing
2 Concrete Mix Design – Shotcrete
3 Concrete Mix Design – Foundation
4 Concrete Mix Design – Grout in Ground Anchor
5 Concrete Mix Design – Pile Wall Concrete
6 Concrete Mix Design – Pile Shaft Concrete
7 Concrete Mix Design – Lean concrete
8 Concrete Mix Design – LDCC
9 Reinforcement – Shotcrete
10 Reinforcement – Facing
11 Reinforcement – Cages for Piles and Walls
12 Ground Anchor
13 Piles – Shop Drawings
14 CMU Wall – Shop Drawings
15 Fencing & Railing
16 Light Pole Foundations
17 Neoprene & Joint Filler
18 Geotextile Grid
Staff Avg Rate Est Hrs Total
Structural Engineer $200 144 $28,800
Administrative $120 36 $4,320
Scope D Total $33,120
Scope E: Structural Retaining Wall – RFI Review & Response Structural Request for Information: Similar to Scope C above, RFIs will be received by DEA from the City of Fontana Project Management Team, logged into our internal tracking system, then reviewed by the appropriate Structural Engineer. Once DEA has determined the appropriate response, the response will be delivered in writing to the City of Fontana Project Management Team. DEA will keep City of Fontana informed of our management of the RFI process, and can provide a copy of the RFI Status Reports, when requested.

Staff Avg Rate Est Hrs Total
Structural Engineer $200 300 $60,000
Scope E Total $60,000
317
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 4 of 10 Scope F: Structural Retaining Wall – Field Services / Inspection Field Services
DEA recommends the following activities be monitored or observed by qualified personnel:
# Site Visit / Inspection
1 Ground Anchor Testing
2 Shotcrete Reinforcement
3 Facia Reinforcement
4 Facing Reinforcement
5 LDCC Installation
6 CIP Reinforcement Footing
7 CIP Reinforcement Wall
8 CMU Reinforcement
Note: If diaphragm walls are built at different times, additional site visits will be recommended.

Staff Avg Rate Est Hrs Total
Structural Engineer $200 256 $51,200
Travel $4,000
Scope F Total $55,200
Scope G: Additional As-built / Record Drawing
As-builts / Record Drawings
In developing the As-builts / Record Drawings for this project, we estimate minimum 2 hours per sheet.

As-build Record Drawing Effort Est Hrs Rate Total
CADD Designer (2hr / Sheet @ 141 Sheets) 282 $140 $39,480 Scope G Total $39,480
Note: Costs are for plan update drafting effort only based on contractor field markups and do not account for field visits to validate as-built conditions.
318
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 5 of 10 Scope H: Geotechnical Field Services & Laboratory Testing (Converse Engineering) Field Services
Converse Engineering recommends the following activities to be monitored or observed by qualified personnel:
# Site Visit / Inspection
1 Observe Installation of drilled shaft and ground anchors 2 Observe Construction of diaphragm wall
3 Observe pull test of ground anchors
4 Observe fill, aggregate base and asphalt concrete placement and take in-place density test
5 Test quality of fresh concrete and make cylinders
Staff Rate Hours Total
Geotechnical Engineer $150 352 $52,800
Field Services Total $52,800
Laboratory Testing
Converse Engineering recommends the following samples to be taken:

Test Type Qty Cost Total
Modified Proctor for optimum moisture and density
(soil sample)
8 $190 $1,520
Modified proctor for optimum moisture and density
(aggregate base sample)
2 $200 $400
Compressive Strength Tests for Concrete Cylinder 40 $45 $1,800 Hveem test of asphalt concrete 3 $220 $660
Laboratory Testing Total $4,380
Office Support
Office Support Qty Rate Total
Office Support 40 $75 $3,000
Project Manager 32 $170 $5,440
Principal Professional 20 $210 $4,200
Density Test Result Report Preparation 1 $2,000 $2,000
Office Support Total $14,640
Assumptions:

In general, our fees are based on the following conditions and assumptions described below. • The hours assigned to each task in the above tables are estimates. It may vary depending on the contractor schedule and sequencing of activities.
• Our services will be performed on a time-and-materials basis in accordance with the unit rates presented in the above table.
• When full-time observation by a Converse representative is not required, the testing services described above will be performed on a test-results-only basis at the request of your authorized representative, who will be responsible for coordinating our services with the construction schedule. No comments regarding compaction procedures or observations will be made for testresults-only services. • For on-call services, the test locations will be prepared and ready for testing by Converse field personnel upon their arrival at the site.
• Work will be conducted during an 8-hour day at the site. Overtime will be charged at 1.5 times the regular hourly rate.
319
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 6 of 10 • All requests for field service should be received by this office not less than one working day (24 hours) prior to the time the services are to be performed. • There will be a 2-hour minimum charge in case of work cancellation after our field personnel have been dispatched.
• There may be a 2-hour minimum charge if services are cancelled within 6 hours of the scheduled call out time.
• There will be a 4-hour minimum call out time for inspections lasting less than 4 hours. After 4-hours, time is charged as time on-site.
• The contractor and/or client will be responsible for excavating and backfilling all test locations. • Our field representative will not direct, supervise or lay out the work of the contractor. • Our services will not include a review of the contractor's safety measures on or near the job site. • If any additional inspection or laboratory testing is required, it will be performed in accordance with the attached Schedule of Fees.
• Converse field reports will be provided to your authorized representative in the field daily as the testing is completed. The field reports will summarize test results and time charged per day, and document work performed.
• Meetings and consultations not described above, that are requested by the client, are not included in the cost summary, but will be charged on a time-and-materials basis in accordance with the attached Schedule of Fees.
• Should additional services be required other than those presented herein, we will discuss the matter with you. If requested, we will prepare a detailed proposal and cost estimate for such services. Additional services will not be performed without prior written authorization. • No services will be provided prior to our signature of an agreement with you. No additional work required will be provided without written authorization and a budget amendment from your authorized representative.

Geotechnical Scope Summary
Field Services $52,800
Laboratory Testing $4,380
Office Support $14,640
Scope H Total $71,820
320
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 7 of 10 Scope I: Construction Survey
DEA is an IUOE Local 12 firm and our field hours
are based per current union agreement and
current CA DIR prevailing wage requirements.

DEA will provide staking based on one (1) set of
stakes, as follows:

1. DEA Pre-Construction Plan Review,
Calculations, Research and
Meetings:

DEA will be reviewing approved plans and
conducting preliminary survey calculations prior
to construction, will benefit the project. DEA will
attend the pre-construction meeting, as well as
subsequent meetings with the client or city as
needed.

2. Project Control:

DEA will establish horizontal and vertical control
points for conventional staking. Any
supplemental control to be set by DEA will be
tied into the existing project control using the
values and locations shown on the approved
plans, and as provided by the city.

3. Demolition/Sawcut/Clearing Limits (approx.
8,000’):

DEA will provide one (1) set of demolition/saw
cut line markings at 50-foot intervals. Grubbing
and Clearing Limits will be flagged at 50-foot
intervals and angle points.

4. Slope Stakes (approx. 4,800’):

DEA will provide one (1) set of stakes at 50ft
intervals in the tangent sections and at 25ft
intervals in the curved portions to support
building the slopes along the project.

5. Grading Stakes:

DEA will provide one (1) set of stakes at 50-foot
intervals. Upon completion of rough grade, one
(1) set of stakes will be set along the alignment
at 50-foot intervals for finish surface.

6. Centerline Profile (approx. 900’):

DEA will provide one (1) set of stakes at 50-foot
intervals for stationing and profile along Victoria
Street.

7. Curb/Gutter (approx. 2,200’):

DEA will provide one (1) set of stakes at 50-foot
intervals for the planned Victoria Street
improvements.

8. Reinforced Curb (approx. 4,790’):

DEA will provide one (1) set of stakes at 25-foot
intervals for the planned curb.

9. Curb (approx. 340’):

DEA will provide one (1) set of stakes at 25-foot
intervals for the planned curb.

10. Sidewalk Staking (approx. 600’):

DEA will provide one set of stakes at 25ft
intervals for those areas where the contractor
has no reference to measure from. DEA
assumes that the contractor will set forms from
the curbs, retaining walls and other constraints
constructed and will not need any staking for
sidewalk forms.

11. Fence Lines (approx. 1,000’):

DEA will provide one (1) set of stakes at 50-foot
intervals on tangent sections and at 25-foot
intervals along curved portions, along with
angle points for fence lines. This only applies to
those areas where the location of the fence
cannot be measured from a built wall or from an
existing feature.

12. Concrete Header (approx. 2,300’):

DEA will provide one (1) set of stakes at 25-foot
or 50-foot intervals (as applicable) for the areas
where concrete headers will be built.

13. Retaining Walls (approx. 3,100’):

DEA will provide one (1) set of stakes at 50ft
intervals in the tangent sections and at 25ft
intervals in the curved portions to support the
various retaining walls along the project.
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City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 8 of 10

14. Concrete Pad/Paving (approx. 240’):

DEA will provide one (1) set of stakes at 25-foot
or 50-foot intervals (as applicable) for the areas
where concrete headers will be built.

15. Storm Drain/Catch Basin/Junction Structure
Stakes (approx. 8 ea./ 200’ RCP):

DEA will provide one (1) set of stakes for storm
drain (approx. 200 feet) and structures (6).

Stakes will be set at intervisible, BC, EC, grade
and alignment breaks, junctions and inlets and
risers.

16. Drainage Structure:

DEA will provide one (1) set of stakes to
support the culvert, riprap and drainage
structure to be built.

17. ADA Ramp and Driveway Staking (approx. 6
ea.):

DEA will provide one (1) set of stakes to mark
the center ADA ramps and driveway locations.

18. Trail Lights (100 ea.):

DEA will provide one (1) set of stakes to mark
the location of lights planned along the trail.

19. Traffic Signal Poles and Cabinet Pedestals:

DEA will provide one (1) set of stakes to mark
the location of Traffic Signal Poles and the
location of the planned electrical cabinets.

20. Monument Preservation:

There is only one (1) centerline monument in
Victoria Street that will be tied out and reset
after construction. The trail appears to land
inside of county right of way so it does not
appear that any right of way or property corners
will be affected by this project.

21. Restake:

DEA will provide staking for those stakes
previously staked as requested, that were
destroyed or disturbed during construction
activities. Requests for restakes will be
reviewed by the RE and DEA will track these
restakes requests for payment. There is no fee
included in this proposal for restakes.

22. Miscellaneous Survey Staking:

There may be supplemental staking or as-built
surveys that may be requested that would be
outside of this scope of services. For that
reason, we are including a budget of 24 hours
to accommodate this unknown necessity.

Exclusions:

The following is a short list of items that are
excluded in this proposal/fee, and anything not
listed above is assumed to be out of scope and
additional fees will be necessary to complete
the additional level of effort requested:
 Topographic Surveys
 Quantity Surveys
 As-Built Surveys
 Landscape/Plant Establishment Phase
 Traffic Control
 Permits
 Agency Fees
The following section will outline the
breakdown for each task to complete. This is
only meant to show fee breakdown and DEA
reserves the right to use the total budget for
this project.
322
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 9 of 10 Detailed Construction Survey Cost Breakdown
323
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 10 of 10 Construction Survey Summary
Field Crew $237,703
Office Construction Calculations & Office Support $33,173 Administrative & Survey PM Support $18,227
Travel / Mileage $496
Scope I Total $289,599
Cost Breakdown Summary
In summary, below is the estimated cost breakdown for the Construction Engineering Support Services recommended for this project:

Scope A – Construction Engineering Support Services $33,400 Scope B – Civil, Landscape, Lighting, Traffic – Shop Drawing Submittal Review & Bid Support
$33,700
Scope C – Civil, Landscape, Lighting, and Traffic – RFI Review & Response $53,800 Scope D – Structural Retaining Wall – Shop Drawing Submittal Review $33,120 Scope E – Structural Retaining Wall – RFI Review & Response $60,000 Scope F – Structural Retaining Wall – Field Services / Inspection $55,200 Scope G – Additional As-built / Record Drawing Costs $39,480 Scope H – Geotechnical Field Services & Laboratory Testing (Converse Engineering) $71,820 Scope I – Construction Survey Summary $289,599
Change Request Total $670,119
We appreciate the opportunity to continue assisting the City of Fontana. Should you have any questions, please don’t hesitate to contact me by e-mail at [email protected] or (213) 337-3683.

Sincerely,

DAVID EVANS AND ASSOCIATES, INC
Greg Kim
Project Manager
Cc: Greg Davis, DEA
Marie Marston, DEA
Marga Rosso, DEA
Sean Haeri, DEA
Robert Eisenbeisz, Interwest Group
Approved:

City of Fontana
Signature: __________________________
Name: __________________________
Title: __________________________
Date: __________________________
324
Job Classification Bill Rate
Project Manager $282.11
Senior Civil Engineer $233.30
Civil Engineer $137.77
Senior Landscape Architect $264.02
Landscape Architect $151.75
Senior Traffic Engineer $275.18
Traffic Engineer $206.38
Electrical Engineer $200.00
CAD Drafter $122.63
Administrative $125.69
Senior Structural Engineer $233.36
Structural Engineer $131.83
Survey Field Crew $355.00
Survey Project Manager $260.00
Survey Office $190.00
Survey Administrative $110.00
* Bill Rates are current as of 11/22/2023
** Survey Rates are based on Survey Rate Sheet
325
1 Jenner | Suite 160 | Irvine, CA 92618
626.224.2055
November 17, 2023
Jeffrey Kim, Engineering Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Re: Project Management Services – Task Order No. 1 – Amendment No. 14 – San Sevaine Trail Project Dear Mr. Kim,
We are pleased to be providing you with Project Management Services on the subject project. It is understood that the City intends to proceed with construction as soon as possible. Based on the final construction documents, funding requirements, and the multi-agency coordination required during the construction phase, we estimate additional staff and work hours will be required to meet agency requirements through completion and close-out of the project. There is significant effort involved in adhering to the required Caltrans Local Assistance Procedures associated project funding requirements.

SCOPE OF WORK
Pursuant to the current agreement, the Construction Phase includes:

CONSTRUCTION PHASE SERVICES
A. Public Relations Management and Coordination (Westbound Communications) B. Federal Grant Administrative Support/Caltrans Local Assistance Procedures C. Construction Management/Resident Engineer Oversight
D. Coordination with Inspection Staff (City, Caltrans, County, CVWD) E. Coordination with the Design Team on Review/Responses to Submittals & RFI’s F. Utility Coordination (SCE, CVWD)
G. Review and Process Progress Payments
H. Review Certified Payroll Records/Labor Compliance /Inspection Reports Interwest will provide these services on an hourly basis. Based upon a construction duration of 9 months, starting in January 2023, an estimated 1,050 hours will be required for the Construction Phase services through completion of the project. The estimated hours are a combination of Construction Manager/Resident Engineer (450 hrs) and Assistant Construction Manager/Senior Inspector (600 hrs) and the estimated additional fee is $174,000 as reflected in the table below.

Position Hourly Rate Hours Total
Construction Management/Resident Engineer $180 450 $81,000 Assistant Const. Manager/Senior Inspector $155 600 $93,000 TOTAL: 1,050 $174,000
326
Furthermore, we appreciate the opportunity to continue serving the City of Fontana. Please contact Robert Eisenbeisz should you have any questions. If you find our proposal acceptable, please provide a signed noticeto-proceed letter.

Sincerely,
Paul Meschino,
President
Interwest Consulting Group
327
YEARS OF EXPERIENCE: 21
YEARS W/ INTERWEST: >1

EDUCATION
BS in Mechanical Engineering,
University of Puerto Rico
MS in Real Estate and
Construction Management,
University of Denver

REGISTRATIONS/

CERTIFICATIONS
Professional Engineer, Puerto
Rico, 21692
Certified Construction Manager
Certified Facility Manager
Executive Leadership, Cornell
University

AFFILIATIONS AND

RECOGNITIONS
International Facility Managers
Association (IFMA)
CG Achievement Medal
CG Team Meritorious Award
Navy and Marine Corps
Achievement Medal
Anselmo Martinez, PE, CCM

ASSISTANT CONSTRUCTION MANAGER
Anselmo’s diverse background in construction management and facilities brings a comprehensive understanding of building systems and contracting practices that are extremely valuable to his clients. He has worked with Design Build and Design Bid Build opportunities, as well as Indefinite Delivery Indefinite Quantity contract vehicles.

PROJECT SPECIFIC EXPERIENCE
City of Oceanside / Navigation Center (Homeless Shelter) This project entailed the conversion of a former school into a 60-bed facility with 24- hour staffing, security, activities, meals, showers and laundry facilities. The $6 million dollar project, which $3.3 million dollars was provided by San Diego County, is under construction. Anselmo provided construction management and inspection support to this project that is 90% complete with its construction in Santa Ana, California.

Coast Guard Construction Management / Full interior renovations of 38 Coast Guard houses / Reference: Lemuel Beauchamp / [email protected], 787.368.7873
This project included the interior renovation of 38 Coast Guard houses. Houses were approximately 2000 sq. ft. Demolition and renovation included kitchen cabinets, counter tops, sink, faucet and garbage disposal, installation of monolithic panels in showers, bathroom cabinets, bathroom sink, bathroom faucets, replacement of linoleum tiles with porcelain tiles throughout, painting of patio enclosures, interior paint and installation of window screens.

Coast Guard Construction Management / Installation of new floating pier and fenders
The floating pier used by Coast Guard small boats was damaged by hurricane Maria and this project replaced all the floating platforms with 180’ floating deck. The project included the installation of (2) 220V, and (1) 110V power and water supply pedestals, (8) 10’ diameter foam filled fenders and (2) 20’ D type fenders.

PROFESSIONAL EXPERIENCE
Program Manager / Bureau Veritas / 2022 – 2023
Reconstruction Liaison / US Coast Guard / 2020 – 2022
President and General Contractor / Two Anchors Construction / 2019 – 2020
Facility Manager / Westfield / 2018 – 2019
Director Project Management / Irvine Company / 2013 – 2018 Director / Ledcor / 2009 – 2012
Program Manager / US Navy / 2008 – 2009
Resident Officer in Charge of Construction / US Navy / 2006 – 2008 Public Works Officer / 2005 – 2006
Assistant Public Works Officer / 2002 – 2005
Field Engineer / Halliburton / 2001 – 2002
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2664 Agenda Date: 12/12/2023
Agenda #: V. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for October 2023.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The October 2023 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 12/6/2023
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POLICE DEPARTMENT

MONTHLY REPORT
October 2023
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NOTEWORTHY EVENTS
• Fontana Police Department participated in breast cancer awareness month. • Fontana Police Department held an “Open House” event. • The A-Star Helicopter was returned to service after an extensive upgrade to technological systems allowing for advancements in flying capabilities. • COPE hosted a “Coffee with a Cop” event with at Nutrishop in North Fontana. • Fontana Police hosted a Blood Drive in the EOC.
• Fontana Police Officers participated in “Trunk or Treat” events. • Animal Services participated in an Affordable Pet Vaccine Clinic at Jessie Turner Center. • ICAC arrested several individuals for child pornography. • The Narcotic Unit recovered over one million dollars in suspected illegal narcotic proceeds.

KA1
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Slide 2
KA1 Kevin Anderson, 2/9/2021
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CITYWIDE
• Priority 1 response time- 4:20 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,997
• Total Traffic Accidents- 234
• Non-Injury- 179, Injury - 55
• Total arrests- 488
• Hispanic- 318, White- 74 , Black- 81, All others races- 15 • Total Group A Offenses- 712
• Crimes Against Persons- 164
• Crimes Against Property- 401
• Crimes Against Society- 147
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• Crimes Against Person- 164 CITYWIDE • Homicide- 0
• Sex Offenses- 11
• Assault- 150
• Kidnapping- 3
• Other- 0
• Crimes Against Property- 401
• Robbery- 16
• Burglary- 33
• Larceny- 166
• Destruction of Property- 35
• Fraud- 32
• Possession of Stolen Property- 44
• Motor Vehicle Theft- 61
• Other Miscellaneous Property Crimes- 14
• Crimes Against Society- 147
• Drug and Paraphernalia Possession- 113
• Possession of Child Pornography- 4
• Possession of Weapons- 28
• Other Miscellaneous Crimes- 0
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CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
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BEAT 1

AREA COMMANDER IS LIEUTENANT KELLEN GUTHRIE
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 91
• Crimes Against Persons- 17
• Crimes Against Property- 65
• Crimes Against Society- 9
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BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 153
• Crimes Against Persons- 47
• Crimes Against Property- 81
• Crimes Against Society- 25
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BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 292
• Crimes Against Persons- 84
• Crimes Against Property- 141
• Crimes Against Society- 67
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Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 131
• Crimes Against Persons- 13
• Crimes Against Property- 107
• Crimes Against Society- 11
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ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 341
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2678 Agenda Date: 12/12/2023
Agenda #: W. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 5 with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

1. Approve and authorize the City Manager to execute an Amendment No. 1 to Task Order No. 5 with NV5, Inc. in the amount of $83,000 and an amended task order total of $158,000 for additional plan check, map check, and WQMP review services.

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 5 with NV5, Inc
COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On October 22, 2019, the City Council approved the Pre-qualified Firms List to provide professional engineering services and authorized the City Manager to execute a Master Agreement with selected firms on an as needed basis for a period of five (5) years from approval. Subsequently, the City and NV5, Inc. entered into a master agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to the high volume of plan review requests, an amendment to the existing task order is requested in the amount of $83,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $83,000 and is included in the 2023-24 budget in the General Fund (Fund 101) in account 10137404-8116 in the amount of $38,000 and in the Storm Water Compliance Fund (Fund 125) in account 12537401-8130 in the amount of $45,000.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 12/7/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2680 Agenda Date: 12/12/2023
Agenda #: X. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Termination of solar power purchase agreement with General Electric International Inc., for Assessor Parcel Number 0192-031-0260-W000.

RECOMMENDATION:

1. Terminate the solar power purchase agreement with General Electric International Inc., for Assessor Parcel Number 0192-031-26

2. Authorize the City Manager to execute any and all documents to satisfy the termination on behalf of the City of Fontana

3. Remit a termination payment in the amount of $129,512.00 to General Electric

4. Appropriate $129,512.00 from Fire District Fund 210 to Fund 103 COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.

DISCUSSION:

In February of 2019, the City of Fontana (“the City”) entered into a twenty-five year solar power purchase agreement (with the option of an additional two, five-year terms) with General Electric International, Inc. (“GE”) for the purchase of electric energy via solar panels at several City properties including that of the East Annex (Fire Administration) building, located at 17001 Upland Avenue.

Recently, the City has announced its intent to renovate City Hall, and as part of this endeavor, the City intends to demolish the current East Annex and replace it with a two-story building to encompass a new parking structure and municipal office space.

In anticipation of the aforementioned renovation, City staff contacted GE and informed it of the City’s plans, that it would no longer be conducting business at the East Annex building, and confirmed with GE staff that the solar equipment used for the existing building would not be of adequate size for the new structure and thus could not be relocated to the new East Annex building. As a result of this, GE recommended termination of the solar power purchase agreement pursuant to section 15(a)(v) of Exhibit 3 of the agreement (Default, Remedies, Damages and Termination) and instructed the City to City of Fontana Page 1 of 2 Printed on 12/7/2023
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File #: 21-2680 Agenda Date: 12/12/2023
Agenda #: X. Category: Consent Calendar
remit a termination payment in accordance with the termination payment schedule (Exhibit 5).

Because the City is in its 3rd year, the City must render a termination payment in the amount of $129,512.00.

FISCAL IMPACT:

The fiscal impact associated with this item is $129,512.00, for the termination payment. The termination amount is not included in the FY 2023-2024 budget. The request will be funded by Fire District, Fund 210 and be submitted in the next quarterly budget report.

MOTION:

Approve action.

City of Fontana Page 2 of 2 Printed on 12/7/2023
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City Letterhead
Date
General Electric International Inc.

Attn: Eric Schiemann
1 River Road, Bldg. 66
Schenectady, NY 12345
Re: Notice of Termination of Solar Power Purchase Agreement for Assessor Parcel Number 0192-031-26-0000.

To whom it may concern,
This letter will serve as the City of Fontana’s (hereinafter “City”) notice to terminate the Solar Power Purchase Agreement (hereinafter “the Agreement”) for the purchase of electric energy at assessor parcel number 0192-031-26-0000. Since the City has ceased to conduct business operations at the aforementioned location, the City is requesting that the Agreement be terminated.

Pursuant to section 15 in Exhibit 3 of the Agreement, attached hereto is the City’s termination payment in the amount of $129,512.00 which, in addition to this notice, will conclude and discharge any and all obligations on behalf of the City under the Agreement henceforth.

Should you have any questions, please feel free to contact Phillip Burum at (909) 350- 6727.

Attachments: Legal Description for APN 0192-031-260-W000 City termination payment
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2687 Agenda Date: 12/12/2023
Agenda #: Y. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Award a Contract for the Interior Renovation for Stage RED RECOMMENDATION:

1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the renovation of Stage RED (Bid No. DE-24-25-SB) in an amount not to exceed $1,400,000.

2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the renovation of Stage RED.

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.

DISCUSSION:

The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will be creating an entertainment district as a draw for consumers to enjoy as they discover the new downtown area. Stage Red is the keystone to the creation of this new entertainment district for the city.

Specifications for the renovation and reconstruction have been developed in direct consultation with Mr. Hagar and his design development team. The completed plans have recently been updated for value engineering purposes with a goal to save on unnecessary expenses while preserving the unique aesthetic of the venue. Notwithstanding the fact that bids have not yet been completed and reviewed, staff is asking for approval of execution of this contract by the City Manager only if the amount contracted is equal to, or less than the updated current budget of $1,400,000 for the same scope of services in order to commence work in January.

FISCAL IMPACT:

The cost associated with the approval of this item will not exceed $1,400,000 and is included in the FY 2023/24 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 37300002 - City of Fontana Page 1 of 2 Printed on 12/7/2023
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File #: 21-2687 Agenda Date: 12/12/2023
Agenda #: Y. Category: Consent Calendar
FY 2023/24 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 37300002 - Center Stage Theater Renovation.

MOTION:

Approve staff recommendation.

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STAGE RED INTERIOR REMODEL
8463 Sierra Avenue Fontana, CA 92335
DE-24-25-SB
SUBMISSION DEADLINE:

DECEMBER 20, 2023
2:00 PM

BID MUST BE SUBMITTED ELECTRONICALLY
Hard Copies will NOT be accepted as a viable bid.

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TABLE OF CONTENTS
DE-24-25-SB

ITEM PAGE
i
NOTICE INVITING SEALED BIDS 1
INSTRUCTIONS TO BIDDERS 2
➢ Availability of Contract Documents
➢ Examination of Contract Documents
➢ Interpretation of Contract Documents
➢ Pre-Bid Inspection of Site; Pre-Bid Conference and Site Walk ➢ Addenda
➢ Completion of Bid Forms
➢ Modification of Bids
➢ Designation of Subcontractors (Entered Online)
➢ Licensing Requirements
➢ Signing of Bids
➢ Submission of Sealed Bids (Electronic Bid Only)
➢ Delivery and Opening of Bids
➢ Withdrawal of Bid
➢ Basis of Award; Balanced Bids
➢ Disqualification of Bidders; Interest In More Than One Bid ➢ Insurance Requirements
➢ Award Process
➢ Filing of Bid Protests
➢ Workers Compensation
➢ Substitution of Security
➢ Prevailing Wages
➢ Debarment of Contractors and Subcontractors
➢ Performance Bond and Payment (Labor and Materials) Bond Requirements
➢ Sales and Other Applicable Taxes, Permits, Licenses and Fees ➢ Iran Contracting Act of 2010
➢ Execution of Contract
BID FORMS 9
➢ Information Required of Bidders (Submit Online)
➢ Bid Form (Submit Online)
➢ Contractor’s Certificate Regarding Workers’ Compensation (Submit Online)
➢ Non-Collusion Declaration (Submit Online)
➢ Payment Bond (Labor and Materials), If Bid Amount is Over $25,000 Draft
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TABLE OF CONTENTS
DE-24-25-SB

ITEM PAGE
ii
CONTRACT 16
➢ Article 1. Scope of Work
➢ Article 2. Time for Completion
➢ Article 3. Contract Price
➢ Article 4. Payments
➢ Article 5. Payments Withheld and Backcharges
➢ Article 6. Changes and Extra Work
➢ Article 7. Liquidated Damages
➢ Article 8. Component Parts of The Contract
➢ Article 9. Provisions Required By Law
➢ Article 10. Indemnification
➢ Article 11. Prevailing Wages
➢ EXHIBIT “A” – Change Order Form
GENERAL CONDITIONS 29
Article 1.- Definitions
Article 2. - Contract Documents
Article 3. - Detail Drawings And Instructions
Article 4. – Substitutions
Article 5. – Materials
Article 6. - Contractor’s Supervision
Article 7. – Workers
Article 8. – Subcontractors
Article 9. - Permits And Licenses
Article 10. - Diversion of Recyclable Waste Materials
Article 11. - Removal of Hazardous Materials
Article 12. - Sanitary Facilities
Article 13. - Air Pollution Control
Article 14. - Fire Protection
Article 15. - Cleaning Up
Article 16. - Excessive Noise
Article 17. - Protection Of Work And Property
Article 18. - Contractors Means And Methods
Article 19. - Authorized Representatives
Article 20. - Hours of Work
Article 21. - Prevailing Rates of Wages
Article 22. - Non-discrimination/Equal Employment Opportunity Article 23. - Labor/Employment Safety
Article 24. - Workers’ Compensation Insurance
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TABLE OF CONTENTS
DE-24-25-SB

ITEM PAGE
iii
Article 25. - Employer’s Liability Insurance
Article 26. - Commercial General Liability Insurance
Article 27. - Automobile Liability Insurance
Article 28. - Form And Proof of Carriage Of Insurance
Article 29. - Time For Completion And Liquidated Damages Article 30. - Cost Breakdown And Periodic Estimates
Article 31. - City’s Right To Terminate Contract
Article 32. - Warranty And Guarantee
Article 33. - Notice And Service Thereof
Article 34. – Integration

OTHER DOCUMENTS
STAGE RED CONSTRUCTION PLANS (BID PLAN SET) Attachment
STAGE RED NARRATIVE OF CHANGES TO PLANS (DATED 12/1/23) Attachment STAGE RED CONSTRUCTION CALC SET (BID PLAN SET) Attachment FURNISHINGS AND FINISHES LISTS & SPECS Attachment
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1 CITY OF FONTANA

NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids will be received only by submitting electronically atww.fontanapurchasing.org, for STAGE RED Interior Remodel DE-24-25-SB no later than DECEMBER 20, 2023, 2:00 PM, at which time or thereafter said Bids will be electronically opened and available online. Bids received after this time will not be able to submit electronically. Bids shall be valid for 90 calendar days after the Bid opening date.

DESCRIPTION OF WORK:

The work is described as follows: Demolition, construction of new Balconies, new bars, new raised platform, and new walls, ceilings, installation of new lighting, flooring, foodservice equipment, Audio/Visual equipment, and finishes, including all new Structural, Mechanical, Plumbing & Electrical scope. All improvements noted, as identified on the Construction Plans, prepared by Ideation Group, Inc (“Construction Plans”). Contractor shall be responsible for demolition, construction, and installation of all improvements specifically identified on or implied by Construction Plans, unless specifically noted on the Construction Plans to be performed by others. The City is contracting a company/consultant to provide the furnishings, furniture and lighting required for Stage RED. Please review plans to identify what is the contractor’s responsibility. Refer to attachments for information on the furnishings, fixtures and finishes that will be provided by others.

Bid must be submitted electronically for the exact item(s) requested in the bid specifications. Copies of plans, specifications, and contract documents are available from the City’s Purchasing website www.fontanapurchasing.org.

An OPTIONAL Pre-Bid jobsite walk will be held at 8463 Sierra Avenue, Fontana, CA on December 13, 2023 PROMPTLY at 1:30 PM. The walk will start at 1:30 PM, then will continue until 3:00 PM. The bidder MUST confirm with the City that they will attend the jobsite walk. If no bidders confirm attendance, jobsite walk will not be held, and the venue will not be opened for viewing.

Each Bid submitted electronically shall be accompanied by the bid forms, non-collusion declaration, and all additional documentation required by the Instructions to Bidders. The successful Bidder will be required to furnish the City with a Payment (Labor and Materials) Bond equal to 100% of the successful Bid, prior to execution of the Contract. The bond we need to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. The cost of said bonds shall be included in the Bid amount. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

Each Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work Bid upon, and must maintain the license(s) throughout the duration of the Contract. At the time of submitting a bid, the prime contractor and subcontractor shall possess a Class "B" contractor’s license or a Class “C” specialty license sufficient to perform the work.

Pursuant to Public Contract Code Section 3400(b), if the City should make findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

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2 The City shall award the Contract for the Project to the lowest responsive, responsible Bidder on the basis of the base Bid alone by the City. The City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the Bidding process.

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INSTRUCTIONS TO BIDDERS
3 INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Contract Documents may be obtained from the Purchasing website www.fontanapurchasing.org.

2. EXAMINATION OF CONTRACT DOCUMENTS
Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the Bidding period, and for informing itself with respect to local labor availability, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction by using the online bid system at www.fontanapurchasing.org, NO LATER THAN 7 Days prior to the bid closing date.

Any interpretation of the Contract Documents will be made only by Addenda duly issued electronically to each person registered on the prospective bidder’s list. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents and are the responsibility of the Contractor.

4. PRE-BID INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective Bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date.

Revisions, if any, shall be made by Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name and email address to which Addenda may be sent, as well as a telephone number by which Draft
382

INSTRUCTIONS TO BIDDERS
4 the City can contact the Bidder. Copies of Addenda will be available on the City’s Purchasing website www.fontanapurchasing.org. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the City’s Purchasing website www.fontanapurchasing.org to verify that he has received all Addenda issued, if any, prior to the Bid opening.

6. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, ELECTRONICALLY OR TYPED IS REQUIRED. Deviations in the Bid form may result in the Bid being deemed non-responsive.

7. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection.

Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic Bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

8. DESIGNATION OF SUBCONTRACTORS (Entered Online)
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each Bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Amount. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Amount or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Amount or $10,000, whichever is greater if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

9. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any Bid Draft
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INSTRUCTIONS TO BIDDERS
5 submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

10. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

11. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be submitted electronically.

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their Bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids.

12. DELIVERY AND OPENING OF BIDS
Bids are to be submitted electronically. Electronic Bid System will close exactly at the time set forth in the Notice Inviting Bid. All applicable forms required to be completed per the bid documents, shall be submitted electronically prior to the due date and time. Hard copies will not be accepted as a viable bid. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be available at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Amount and the numerical amount of the Bid Amount, the written amount shall govern.

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INSTRUCTIONS TO BIDDERS
6 13. WITHDRAWAL OF BID
Prior to Bid opening, a Bid may be withdrawn by the Bidder only by using the City’s electronic bidding system.

14. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflects the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular Bid items.

15. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No Bidder shall be allowed to make, submit or be interested in more than one Bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other Bidders submitting a Bid to the City. No person, firm, corporation, or other entity may submit subproposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

16. INSURANCE REQUIREMENTS
The successful Bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

17. AWARD PROCESS
Once all Bids are electronically opened and reviewed to determine the lowest responsive and responsible Bidder, the City will award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Payment (Labor and Materials) Bond; and (2) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification letter to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

18. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City’s Purchasing Officer. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the Bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
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INSTRUCTIONS TO BIDDERS
7 D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid.

If the protest is valid, the City’s Purchasing Officer, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Officer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Manager.

19. WORKERS COMPENSATION
Each Bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

20. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

21. PREVAILING WAGES
This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is also available online at http://www.dir.ca.gov/dlsr/.

Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.

22. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code and the Federal “Excluded Parties List System”. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

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INSTRUCTIONS TO BIDDERS
8 23. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND

REQUIREMENTS
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond, each in an amount equal to one hundred percent (100%) of the Total Bid Amount and in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. 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.

24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

25. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

26. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS
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SUBMIT ONLINE

INFORMATION REQUIRED OF BIDDER
9 INFORMATION REQUIRED OF BIDDER
A. INFORMATION ABOUT BIDDER
BIDDER certifies that the following information is true and correct:

Bidder's Name:

Business Address:

Telephone: Fax:

Email Address:

State Contractor's License No. and Class:

Original Date Issued: Expiration Date:

DIR No.: Expiration Date:

What type of work does the Bidder normally perform with its own forces? __________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ Name of Bonding Company and Name and Address of Agent:
_________________________________________________________ _________________________________________________________ Draft
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BID FORM
10 BID FORM
TOTAL BID AMOUNT (BASED ON PLANS): The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

NO. ITEM DESCRIPTION

UNIT OF
MEASURE QTY.

1. The contractor shall
construct the proposed
project in accordance with
the plans and specifications.

LS 1
$
Total Bid Amount in Numbers
Total Bid Amount in Written Form
Number of Days to Complete the Project (70 Working Days) The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

1. Upload the Bid Form.

2. Upload the Information Required of Bidder Form.

3. Upload the fully executed Non-Collusion Declaration Form.

4. Upload the completed Contractor’s Certificate Regarding Workers’ Compensation Form.

5. List Subcontractors online.

I hereby certify under penalty of perjury under the laws of the State of California, which all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

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SUBMIT ONLINE
CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
11 SDPUB\SAKINS\347250.2
CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated
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NON-COLLUSION DECLARATION
12 NON-COLLUSION DECLARATION
The undersigned declares:

I am the ______________________________ of _________________________ ___________________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at ___________________________________[city], _____[state].
__________________________________
(Signature)
__________________________________
(Print Name)
__________________________________
(Title)
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PAYMENT BOND (LABOR AND MATERIALS)
13 SDPUB\SAKINS\347250.2

PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Fontana (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any Draft
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PAYMENT BOND (LABOR AND MATERIALS)
14 SDPUB\SAKINS\347250.2
conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation)
Principal (Property Name of Contractor)
By:
(Signature of Contractor)
(Seal of Surety)
Surety
By:

Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.

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PAYMENT BOND (LABOR AND MATERIALS)
15 SDPUB\SAKINS\347250.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss.

County of __________________________ }
On before me,
personally appeared
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public
_______________________________________________________ OPTIONAL _____________________________________________________________ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title of Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
 Individual  Individual
 Corporate Officer Title(s):  Corporate Officer Title(s):
 Partner -  Limited  General  Partner -  Limited  General  Attorney in Fact Right Thumbprint of Signer
Top of thumb here
 Attorney in Fact Right Thumbprint of Signer
 Trustee  Trustee Top of thumb here
 Guardian or Conservator  Guardian or Conservator
 Other:  Other:

Signer is Representing: Signer is Representing:
.

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CONTRACT
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CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of San Bernardino, State of California, by and between the City of Fontana, hereinafter called City, and ______________________________, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

STAGE RED INTERIOR REMODEL, DE-24-25-SB
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

2.1 The Work shall be commenced on the date stated in the City’s Notice to Proceed.

The Contractor shall complete all Work required by the Contract Documents within seventy (70) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

Contract shall use the City’s general Project performance schedule shown below as a reference point when developing their project schedule:
• Bid opening date of September 18.
• Notice to Proceed (NTP) issued by September 28th.
o Contract will go to City Council for award in September. • Construction begins on or before October 15th.
• Construction completion on or before January 20th.

2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Agreement, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project.

2.3 The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing Draft
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CONTRACT
17 SDPUB\SAKINS\347250.2
information for the scheduling of the times and sequence of operations required for its Work (“Contractor Schedule”) to meet City’s overall master project schedule requirements (“Master Schedule”). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the City within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the City for approval within five (5) calendar days of such notice.

2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise) or any damages or additional costs or expenses for which the City or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City or the consultants retained by the City for the Project,, for and indemnify them against all such costs, expenses, damages and liability.

2.5 The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Agreement or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers' compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor.

2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Agreement upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor.

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CONTRACT
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ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.

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CONTRACT
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ARTICLE 4. PAYMENTS

4.1 The City shall make progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.

4.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.

4.3 Unless otherwise required by law, the final payment of ten percent (10%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.

4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.

4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.

4.6 The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.

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CONTRACT
20 SDPUB\SAKINS\347250.2
g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.

ARTICLE 6. CHANGES AND EXTRA WORK

6.1 The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit “A,” and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

6.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor.

Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.

6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days.

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CONTRACT
21 SDPUB\SAKINS\347250.2

6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.

6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.

6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City.

6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

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(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost. iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.
v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein.

6.9 For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.

6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.

6.11 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity Draft
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of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.

6.14 No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.

6.15 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Contract
Payment (Labor and Materials) Bond
General Conditions
California Building Codes as defined in the General Conditions Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract Draft
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The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 10. INDEMNIFICATION.

10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City and their respective officials, officers, agents, employees, and representatives (“indemnitees”) from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death) arising out of or resulting from the performance of the Work or this Agreement (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor’s own cost, expense and risk, with legal counsel of indemnitee’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City and their respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and their respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and their respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.

10.2 Nothing contained in the preceding section shall be deemed to obligate the Contractor to indemnify the City or any of the other indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence Draft
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or other obligation to the City or the other indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor’s obligations under all of the terms and provisions of the preceding section shall remain in full force and effect.

10.3 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any indemnitee, by legal proceeding or agreement.

10.4 In furtherance to, but not in limitation of the indemnity provisions in this Agreement, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Agreement shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers’ compensation laws.

ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available online at http//www.dir.ca.gov/dlsr and which must be posted at the job site.

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IN WITNESS WHEREOF, this Contract has been duly executed by the abovenamed parties, on the day and year above written.

CITY OF FONTANA
By:

City Manager
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
Attest:

By:

City Clerk
Attest: 1
By:
[INSERT NAME]
[INSERT TITLE]
Approved as to form:

Best Best & Krieger LLP
City Attorney
By: _____________________________
Department Head

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: _____________________________
Director of Human Resources/
Risk Management

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Chief Financial Officer

Purchasing Office
1 Attestation of Contractor’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Contractor’s business entity.

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EXHIBIT “A” - CHANGE ORDER FORM
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EXHIBIT “A” CHANGE ORDER FORM

TRACKING INFORMATION
Bid/Contract Number: Change Order Number:

Project Description:

Contractor: PO Number:

For Housing Authority Only
Property Address:

Owner Name:

CONTRACT INFORMATION
Original Contract Amount Original Completion Time
$
Cumulative Contract Amount Cumulative Completion Time
$
Current Change Amount (+/-): Current Days (+/-)
$
New Contract Amount New Completion Time
$
Total % Over Contract:

INITIATING PARTY (Party responsible for initiating the change order request) City Initiated Contractor Initiated
Change in Scope Unforeseen Conditions Balancing
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- CHANGE ORDER FORM
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CONTRACT CHANGE ORDER FORM

REASON(S) FOR THE CHANGE ORDER
ADJUSTMENT JUSTIFICATION: Attach complete itemized cost breakdown of all labor and material showing actual quantities, hours, unit prices, wage rates, required for the change, and the effect upon the time for performance of the work of such change order. Contractor’s form may be attached) Detailed Justification (Required):

Execution of this change order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

Contractor: ___________________________________ Date: ____________ CITY OF FONTANA:

Project Manager: ______________________________ Date: ____________ Engineering Manager: __________________________ Date: ____________ Department Head: _____________________________ Date: ____________ (Required $25,000 and less)
Deputy City Manager: __________________________ Date: ____________ (Required $50,000 and less)
City Manager: ________________________________ Date: ____________ (Required Over $50,000)
Review of Analysis:

Purchasing Office: ____________________________ Date: ____________ Finance Department: ___________________________ Date: ____________ Draft
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GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by the City.
d. California Building Codes shall mean the following, as such may be modified by the City of Fontana Municipal Code:
2022 California Building Code
2022 California Electrical Code
2022 California Plumbing Code
2022 California Mechanical Code
e. Contract Documents includes all documents as stated in the Contract. f. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
g. Day shall mean calendar day unless otherwise specifically designated. h. Engineer shall mean the General Manager, or his or her designee, for the City of Fontana, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. i. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
j. Force Majeure shall mean (i) riots, civil disturbances, insurrection or acts of public enemy, but only occurring at or in the immediate vicinity of the Site or if directly disrupting or delaying the supply chain of materials to the Project; (ii) war if declared by the United States Congress but only if directly disrupting or delaying the supply chain of labor or materials to the Project; (iii) a court administrative or other governmental order directing that the construction of the Project be stopped (except where due to failure to obtain or comply with any authorizations of governmental authorities; (iv) strikes or labor disputes, but only if directly disrupting or delaying the supply chain of labor or materials to the Project and only if not precipitated by Contractor's or a Subcontractor's actual violation of the Union Requirement; (v) casualty at the Site resulting in direct physical damage to the Work not the result, in whole or in part, of the actions or omissions of Contractor or Subcontractors; (vi) acts of terrorism directed at Draft
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the Project or resulting in direct physical damage to the Project or directly disrupting or delaying the supply chain of labor or materials to the Project; (vii) Delays caused, other than by Contractor's negligence or breach of the Contract Documents, by conflicts in the coordination of Contractor's Work with the work of other contractors; (viii) delay in the issuance of permits or approvals by governmental authorities to the extent caused solely by circumstances within the control and responsibility of City; or (viii) Acts of God. k. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.
l. Install means the complete installation of any item, equipment or material. m. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise. n. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
o. Project is The Work planned by City as provided in the Contract Documents. p. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
q. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. r. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. The Work shall be done in accordance with the California Building Codes, as defined herein, including all current supplements, Addenda, and revisions thereof which are incorporated herein. In any conflict the contract documents will be interpreted as set forth below. s. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
t. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall Draft
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promptly notify the Purchasing in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives

2. Addenda

3. Contract

4. General Conditions

5. Instructions to Bidders

6. Notice Inviting Bids

7. Contractor’s Bid Forms

8. California Building Codes

9. Reference Documents
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the more stringent requirement and higher standard shall always apply.
d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work within a reasonable time from the receipt of such notification.

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c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 4. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for Bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the 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.
d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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e. The Contractor shall be responsible for and shall, therefore, bear all costs related to a substituted “or equal” material, process or article for those substitution requests submitted to the Engineer following Contract award if the timelines set forth herein permit the submission of substitution requests after Contract award. Such substitution request costs may include City staff time, independent consultants, any tests or inspections made necessary by the substitution request, in the sole discretion of the City, and the increased cost, if any, of the proposed “or equal” material. If the timeline set forth herein, permits a substitution request to be made prior to Contract award, the City, in its sole discretion, may require the Bidder to submit a deposit or payment for the estimated reasonable costs which may be incurred by the City staff and independent consultants in evaluating the substitution request, as a condition of reviewing the substitution request.
f. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 5. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

ARTICLE 6. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by the City. Superintendent must be able to proficiently speak, read and write in English. Any change in Project Superintendent must be approved in writing by the City prior to personnel being changed. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 7. WORKERS
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a. Contractor shall at all times enforce strict discipline and good order among its employees.

Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.

ARTICLE 8. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. b. The City reserves the right to Approve all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 9. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City. b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

ARTICLE 10. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

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ARTICLE 11. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

ARTICLE 12. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.

ARTICLE 13. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

ARTICLE 14. FIRE PROTECTION
a. Contractor is responsible for providing and maintaining fire extinguishers, fire protection, fire watch and other necessary fire protection devices as may be required by the applicable regulatory agencies, the Contract Documents, and/or the City. b. Contractor shall provide fire watch and be responsible for all fire prevention in connection with The Work. Open fires will not be permitted on or about the Project site. c. The Contractor shall make chemical fire extinguishers available at the location where the Contractor performs any torch cutting or welding operations. Contractor shall provide the Engineer with notice prior to undertaking any torch cutting and welding operations. Contractor, if performing cutting or welding operations, shall undertake all appropriate safety measures including but not limited to a fire watch, fire extinguishers, fire blankets and shall be responsible for any damage caused by its operations.

ARTICLE 15. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior Draft
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of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up those areas of the Site where it has been working at the completion of the Work. If the Contractor fails to immediately clean up as required, the City may do so and the cost of such clean up shall be charged back to the Contractor. c. Contractor is responsible for its own bulk trash (e.g., boxes, crates, lumber, etc.) removal from the Project Site. Contractor is responsible for the cost of dumpsters generated by its own rubbish and surplus material. The placement of Contractor’s dumpster(s) shall be coordinated with, and subject to approval of, the Engineer prior to delivery. The disposal of construction debris within the Project Site will not be permitted. d. Contractor shall store volatile or hazardous waste materials in properly labeled, covered containers and remove from the Project Site daily. Contractor shall also prevent accumulation of wastes that create hazardous conditions and provide adequate ventilation during use of volatile or noxious substances. e. Contractor shall provide cleaning materials only as recommended by manufacturer of the surface to be cleaned and shall use cleaning materials only on surfaces as recommended by cleaning material manufacturer and in accordance with instructions. f. Contractor shall conduct cleaning and disposal operations in accordance with all applicable legal requirements and shall not burn or bury rubbish and waste materials on the Project Site. Contractor shall not dispose of any wastes including mineral spirits, oil, paint, drywall mud, paint thinners, or grout in storm or sanitary drains. g. Contractor shall be responsible for cleaning up during and after installation of its materials and shall leave areas broom clean or better. Contractor’s Work, lunch, and parking areas will be left neat and in an orderly manner on a daily basis. After every work shift, facilities must be cleaned in a manner acceptable to the Engineer. h. Contractor shall, within twenty-four (24) hours from the request of the Engineer, remove excess debris from the Work and/or Project site or Engineer shall undertake such removal work at the expense of the Contractor.

ARTICLE 16. EXCESSIVE NOISE
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a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 17. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occurs as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid Draft
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damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. e. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or Draft
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photography, to adequately memorialize and make a record of what transpired.

The City shall be entitled to inspect and copy any such documentation, video, or photographs.

ARTICLE 18. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

ARTICLE 19. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.

The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 20. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

ARTICLE 21. PREVAILING RATES OF WAGES
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This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.

This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk’s office, and is also available online at http://www.dir.ca.gov/dlsr/.

At the time of submitting a bid, the prime contractor and subcontractor shall possess a Class "B" contractor’s license or a Class “C” specialty license sufficient to perform the work.

ARTICLE 22. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

ARTICLE 23. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.

ARTICLE 24. WORKERS’ COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

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ARTICLE 25. EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

ARTICLE 26. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these Draft
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General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

ARTICLE 27. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 30 below.

ARTICLE 28. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or selfinsured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The City, its Director’s and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and Draft
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the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement until the City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or selfinsured retentions or self-insured programs shall not be construed as contributory. d. The City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-contractors working under this Contract.

ARTICLE 29. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages.

Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only Draft
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be granted when the Work stopped during inclement weather is on the critical path of the Contractor Schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 30. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A itemized estimate of Work done for the purpose of making progress payments.

In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Project Manager, for unit price items listed, if any, in the Bid Form.
d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

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Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 31. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor:
(i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site.
b. Termination For Convenience: The City may terminate performance of The Work in whole or, in part, if the City determines that a termination is in the City's interest.

The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

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4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 32. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year. c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the county shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.

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f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.

ARTICLE 33. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.

Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 34. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contract.

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ATTACHMENTS

1. Finishes List

2. Furniture & Lighting List

3. Finishes Spec. List Descriptions

4. Furniture Spec. List Descriptions

5. Lighting Spec. List Descriptions

Page 1 of 155 ends

Fontana City CouncilDecember 12, 2023

Fontana City Council
December 12, 2023