Fontana City Council
September 23, 2025

Tuesday, September 23, 2025
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1973 Reso. No. 2025-092
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda September 23, 2025 Welcome to a meeting of the Fontana City Council.

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

Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602.

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors. 12:30 P.M. WORKSHOP:

A. City Council Workshop
A. CCA Power Purchase Option Presentation 25-0544
PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
25-0525

2 City Council Meeting Regular Agenda September 23, 2025 Case: Inland Coalition for Immigrant Justice v. City of Fontana

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

John Bakhit, Labor Counsel and Matt Ballantyne, City
Manager. Employee Organization: Police Management
Association

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: Blanche Goforth v. City of Fontana
Claim No. 3032796
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

CEREMONIAL ITEMS:

A. Mayor Warren and City Council to swear in new Fontana Police Officers, Donte Gentry and Adam Portillo (Chief Michael Dorsey to present).
25-0521
B. Mayor Warren and City Council to recognize Officers, Billy Gustason and Richard Jackson as July 2025 Employees of the month (Captain Brian Binks to present).
25-0522
C. Mayor Warren and City Council to proclaim September as Human Resources Month (Director of Human Resources and
Risk Management Rakesha Voss to accept).
25-0526
D. Mayor Warren and City Council to recognize Human
Resources and Risk Management Department Employee of the Year (Human Resources and Risk Management Director
Rakesha Voss to present).
25-0523
E. Mayor and City Council to proclaim the 10-Year Anniversary of the City’s Housing Rehabilitation Program (Housing Manager, Valerie Gonzales to accept).
25-0527
F. Value of Water Presentation- West Valley Water District, to present.
25-0524

3 City Council Meeting Regular Agenda September 23, 2025 PUBLIC COMMUNICATIONS:

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

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 25-0528
Approve the minutes of the September 3, 2025, Special City Council Meeting and the September 9, 2025, Regular City Council Meeting.

Attachment No. 1- Special City Council Meeting Minutes
09-03-2025.pdf
Attachment No. 2- City Council Meeting Minutes
09-09-2025.pdf
Attachments:

B. Award Bid for On-Call Public Works Pavement Markings Thermoplastic and Paint Services PW-26-03-SB
25-0454

1. Award bid for On-Call Pavement Markings Thermoplastic and Paint Services and authorize the City Manager to enter into an agreement and execute a contract for two (2) years, for Pavement Markings Thermoplastic and Paint Services PW-26-03-SB with Chrisp Company with an annual not-to-exceed amount of $355,855.00 per year.

2. Authorize the City Manager to execute future contract amendments for the remaining three (3) additional one-year (1) renewals, for a total 5-year contract.

Attachment No. 1- Summary Bid Results.pdf
Attachment No. 2- Chrisp Co - Bidders Detail.pdf
Attachments:

C. Award Bid for Thermoplastic Artwork Installation Services (DS-25-184-SP) to Creative Paving Solutions
25-0471

1. Award bid and authorize the City Manager to execute a Professional

4 City Council Meeting Regular Agenda September 23, 2025 Services Agreement with Creative Paving Solutions for Thermoplastic Artwork Installation Services in the amount of $231,867.88 and authorize a 10% contingency in the amount of $23,186.78 (DS-25-184-SP).

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

Attachment No. 1- Professional Services Agreement -
Creative Paving Solutions.pdf
Attachment No. 2- Exhibit A - Response File
Attachment No. 3- Exhibit B - Cost Proposal
Attachment No. 4- Scoring Matrix
Attachment No. 5- Project Site
Attachment No. 6- Artwork Pattern
Attachments:

D. Approve and Authorize the City Manager to Execute an Easement with Southern California Edison (SCE) Company
at Locust Avenue, south of Jurupa Avenue, for West Valley Logistics Center
25-0486
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

Attachment No. 1- Utility and Access Easement - City of Fontana - SCE 73577A REV1 - FINAL.pdf
Attachments:

E. A Resolution Declaring a Portion of Certain Real Property on Sierra Avenue a Public Right-of-Way and Accepting it into the City Street System
25-0496
Adopt Resolution No. 2025-092, declaring a portion of certain real property on Sierra Avenue a public right-of-way and accepting it into the City Street System.

Attachment No. 1- Fontana-Resolution Declaring a portion of Sierra Avenue a ROW-c1.docx
Attachment No. 2- EXHIBIT A.pdf
Attachment No. 3- EXHIBIT B.pdf
Attachment No. 4- VICINITY MAP (APN 024036165).pdf
Attachments:

F. Final Acceptance of Perimeter Street, Sewer, Storm Drain, Traffic Signal, Interconnect, Signing & Striping, and CFD Landscape Improvements Within the Arboretum Specific
Plan for Tract No. 20362
25-0499

1. Accept as complete the perimeter street, sewer, storm drain, traffic signal, interconnect, signing & striping, and CFD landscape improvements for Tract No. 20362.

5 City Council Meeting Regular Agenda September 23, 2025

2. Adopt Resolution No. 2025-093, of the City Council of the City of Fontana accepting sewers for Tract No. 20362 as part of the City sewer system.

Attachment No. 1- TM 20362 - Sewer Acceptance
Resolution.docx
Attachment No. 2- TM 20362 - Subdivision Improvement
Agreement & Bonds.pdf
Attachment No. 3- TM 20362.pdf
Attachment No. 4- TM 20362 - Bond Reduction.pdf
Attachment No. 5- TM 20362 - Vicinity Map.pdf
Attachments:

G. Final Acceptance of the Fontana Lewis Library &
Technology Center Entry Precast Stair Replacement
Project (PW-24-227-SB).
25-0501
Accept as complete the work performed by Ace Capital Engineering for the replacement of the precast entry steps at the Fontana Lewis Library.

H. Approve Public Highway At-Grade Crossing Agreement
with Union Pacific Railroad Company for the Etiwanda
Avenue at Slover Avenue Intersection Widening Project
25-0502

1. Approve and authorize the City Manager to enter into the Public Highway At-Grade Crossing Agreement with Union Pacific Railroad Company for the Etiwanda Avenue at Slover Avenue Intersection Widening Project.

2. Authorize the City Manager to enter into any future individual amendments of $100,000 to the Public Highway At-Grade Crossing Agreement for the Etiwanda Avenue at Slover Avenue Intersection Widening Project
Attachment No. 1- Public Highway At Grade Crossing
(Slover Ave)
Attachment No. 2- Vicinity Map
Attachments:

I. Award a Contract for the Demolition of 16756 and 16766 Arrow Blvd.
25-0507
Award bid (PW-26-14-CC) and Authorize the City Manager to execute a contract with Demo Leaders Inc. in the amount of $195,800 for the Demolition of 16756 and 16766 Arrow Blvd and authorize a 10% contingency in the amount of $19,580.

Attachment No. 1- Bid Summary
Attachment No. 2- Site Map Arrow.pdf
Project Summary.pdf
Attachments:

6 City Council Meeting Regular Agenda September 23, 2025 J. Police Department Monthly Information Update 25-0508 Accept the Police Department monthly information update for July 2025.

Attachment No. 1- July 2025 Report for City Council
Rev2.pptx
Attachments:

K. Final Acceptance for the Emergency Repair Storm
Structure at Valley Poplar Culvert (PW-26-13-CC).
25-0518
Accept as complete the work performed by Gentry General Engineering for the Emergency Repair Storm Structure @ Valley Poplar Culvert project (PW-25-64-CC) and approve the final contract amount of $ 114,812.72.

Attachment No. 1- Valley and Poplar Emergency repair
quote .pdf
Attachment No. 2- Valley and Poplar 30' Extension quote .pdf
Attachments:

L. Award a Construction Bid for the Old Timers Renovation Project (DE-26-06-SB).
25-0538

1. Award bid and authorize the City Manager to enter into a construction contract with Estate Design and Construction for the construction of the Old Timers Renovation Project in the amount of $528,900.00 and authorize a 10% contingency amount of $52,890.00 (DE-26-06-SB).

2. Authorize the City Manager to enter into any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Old Timers Renovation Project (DE-26-06-SB).

Attachment No. 1- Bid Summary - DE-26-06-SB.pdf
Attachment No. 2- Project Summary.pdf
Attachment No. 3- Estate Design and Construction Bid -
DE-26-06-SB.pdf
Attachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor

7 City Council Meeting Regular Agenda September 23, 2025 (b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Public Hearing for Consolidated Annual Performance
Evaluation Report (CAPER) Fiscal Year 2024-2025
25-0487

1. Conduct a public hearing for the Consolidated Annual Performance and Evaluation Report prepared for the U.S. Department of Housing & Urban Development to report on specific Federal housing assistance and community development activities undertaken by the City of Fontana during Fiscal Year 2024-2025; and

2. Authorize the City Manager to enter into and/or transmit any documents necessary to submit the Consolidated Annual Performance, along with any comments received during the public hearing and public comment period, to the Department of Housing & Urban Development.

Attachments: Attachment No. 1- CAPER Final Draft 9.8.25.pdf B. Appeal No. 25-0001: Request to overturn the Planning Commission’s June 3, 2025 decision certifying a Final
Environmental Impact Report (State Clearinghouse Number 2023030788) and adopting a Mitigation, Monitoring, and
Reporting Program, and approving Tentative Parcel Map
No. 22-000025 (TPM No. 20611) and Design Review No.
22-000051 for the consolidation of six (6) parcels into one parcel and the vacation of Windflower Avenue and the
development of an industrial warehouse building totaling approximately 398,514 square feet on approximately 18.3 acres located between Sierra Avenue and Mango Avenue,
approximately 1,300 feet south of Summit Avenue
(Assessor Parcel Numbers: 1119-241-10, -13, -18, -25, -26, and -27).
25-0519
Deny Appeal No. 25-0001, thereby upholding the Planning Commission’s decision on June 3, 2025 approving, pursuant to the certification of a Final Environmental Impact Report and adoption of a Migitation Monitoring and Reporting Program, Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22-000051 for the consolidation of six (6) parcels into one parcel and the vacation of Windflower Avenue and development of an industrial commerce building totaling approximately 398,514 square feet on approximately 18.3 acres located between Sierra Avenue and Mango Avenue, approximately 1,300 feet south of Summit Avenue (APN Nos.:
1119-241-10, -13, -18, -25, -26, and -27).

APPELLANT / APPEAL APPLICANT:

8 City Council Meeting Regular Agenda September 23, 2025 Appeal No. 25-0001: Golden State Environmental Justice Alliance, 765 N.

Main Street, Ste. 151, Corona, CA 92880.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Appellant Letter - Golden State
Environmental Justice Alliance
Attachment No. 3 - Applicant Response to Appeal No
25-0001 (9.3.25).pdf
Attachment No. 4 - Letter of Support_WSRCC
Attachment No. 5 - June 3, 2025 - PC Packet
Attachment No. 6 - Planning Commission June 3, 2025
Minutes
Attachment No. 7 - Clerk of the Board Filing Receipt for MCN 22-000104
Attachment No. 8 - Public Hearing Notice for Appeal No. 25-0001
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on October 14, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0544 Agenda Date: 9/23/2025
Agenda #: A. Category: Consent Calendar
Workshop
Tuesday, September 23, 2025
12:30 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 9/18/2025
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0525 Agenda Date: 9/23/2025
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, September 23, 2025
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 9/18/2025
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0521 Agenda Date: 9/23/2025
Agenda #: A. Category: Special Presentation
Ceremonial Item
Tuesday, September 23, 2025
Council Chambers
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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File #: 25-0521 Agenda Date: 9/23/2025
Agenda #: A. Category: Special Presentation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0522 Agenda Date: 9/23/2025
Agenda #: B. Category: Special Presentation
Ceremonial Item
Tuesday, September 23, 2025
Council Chambers
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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File #: 25-0522 Agenda Date: 9/23/2025
Agenda #: B. Category: Special Presentation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0526 Agenda Date: 9/23/2025
Agenda #: C. Category: Proclamation
Proclamations
Tuesday, September 23, 2025
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0523 Agenda Date: 9/23/2025
Agenda #: D. Category: Special Presentation
Special Presentation
Tuesday, September 23, 2025
Council Chambers
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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File #: 25-0523 Agenda Date: 9/23/2025
Agenda #: D. Category: Special Presentation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0527 Agenda Date: 9/23/2025
Agenda #: E. Category: Proclamation
Proclamations
Tuesday, September 23, 2025
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0524 Agenda Date: 9/23/2025
Agenda #: F. Category: Special Presentation
Special Presentation
Tuesday, September 23, 2025
Council Chambers
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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File #: 25-0524 Agenda Date: 9/23/2025
Agenda #: F. Category: Special Presentation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0528 Agenda Date: 9/23/2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the September 3, 2025, Special City Council Meeting and the September 9, 2025, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of the September 3, 2025, Special City Council Meeting and the September 9, 2025, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Wednesday, September 3, 2025
3:00 PM
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
23

CALL TO ORDER/ROLL CALL:

A. 3:00 P.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 3, 2025.

Mayor Warren called the Regular City Council Meeting to order at 3:01 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Council Members Cothran, Roberts, and Sandoval.

City Clerk Germaine Key and City Treasurer Janet Koehler-Brooks were also present.

ABSENT: Mayor Pro Tem Garcia
INVOCATION/PLEDGE OF ALLEGIANCE:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Mayor Warren.

PUBLIC COMMUNICATIONS:

There were no public communications received.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed unanimously by a vote of 4-0 to approve Consent Calendar Item “A.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
A. Second Amendment to the Disposition and Development 25-0491 Agreement between the City of Fontana, Fontana Housing
Authority and Fontana Courtplace I Housing Partners, L.P.

Acting as the City Council and the Housing Authority Board of Directors, jointly adopt Resolution No. 2025-087 and Resolution No. HA 2025-003 entitled: “A

JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA AND THE HOUSING AUTHORITY OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO A PREVIOUSLY ADOPTED MITIGATED

NEGATIVE DECLARATION AND MITIGATION, MONITORING, AND

REPORTING PROGRAM, A SECOND AMENDMENT TO THE DISPOSITION

AND DEVELOPMENT AGREEMENT BETWEEN THE FONTANA HOUSING

AUTHORITY, CITY OF FONTANA AND FONTANA COURTPLACE I HOUSING 24

PARTNERS, L.P.; AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
No City Manager Communications were received.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
No Elected Officials Communications were received.

Mayor Pro Tem Garcia arrived at 3:06 p.m.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 3:06 p.m. to the Regular City Council Meeting on Tuesday, September 9, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 23, 2025.
_______________________
Germaine Key
City Clerk
25

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, September 9, 2025
2:00 PM
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
26

CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 9, 2025.

Mayor Warren called the meeting to order at 12:31 p.m. with all members of the City Council present.

City Clerk Germaine Key and City Treasurer Janet Koehler-Brooks were absent.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Preferred General Services, Inc. v. City of Fontana

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Inland Coalition for Immigrant Justice v. City of Fontana

3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: John Bakhit, Labor Counsel and Matt Ballantyne, City Manager. Employee Organization: Police Management Association.

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 16390 Foothill Blvd.

City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Dr. Reekesh Patel
Under Negotiation: Price and Terms of payment

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 16565 Orange Way, Fontana CA
City Negotiator: Matt Ballantyne, City Manager
Negotiating Party: Kyle Vizzo
Under Negotiation: Price and Terms of payment
27

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 11196 Sierra Avenue
City Negotiator: Matt Ballantyne, City Manager
Negotiating Party: Josh Le Barge
Under Negotiation: Price and Terms of payment
CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 9, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:05 p.m.

ROLL CALL:

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

City Clerk Germaine Key and City Treasurer Janet Koehler-Brooks were also present.

ABSENT: None
INVOCATION/PLEDGE OF ALLEGIANCE:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Mayor Warren.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.

Council Member Sandoval recused himself from Item 5 due to a property ownership interest within 1,000 feet of the subject area.

PROCLAMATION:

A. Proclamation
28

1. Mayor Warren and City Council to proclaim September, as Emergency Preparedness Month. (Emergency Services Coordinator, Eva Terekhova to accept).

Mayor Warren and the City Council proclaimed September as Emergency Preparedness Month. Emergency Services Coordinator Eva Terekhova accepted.

2. Mayor Warren and City Council to proclaim September 1-5, 2025, as National Payroll Week (Chief Financial Officer, Jessica Brown to accept).

Mayor Warren and the City Council proclaimed September 1-5, 2025, as National Payroll Week. Payroll Supervisor Yesenia Ramirez accepted.

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and City Council to recognize Finance Department Employee of the Year (Chief Financial Officer, Jessica Brown to present).

Mayor Warren and the City Council recognized Payroll Supervisor Yesenia Ramirez as the Finance Department Employee of the Year.

2. Mayor Warren and City Council to recognize Innovation & Technology Department Employee of the Year (Innovation & Technology Director, Jennifer Barcenas to present).

Mayor Warren and the City Council recognized Robert V. as the Innovation & Technology Department Employee of the Year.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Ryan Berryman invited the Mayor and City Council to the Walter Beasley Jazz Concert at Steelworkers Auditorium on September 27.

Deborah Hall Lyndsey invited the community to the 9th Annual Chill N’ Grill BBQ Competition on September 13 at the Jessie Turner Pavilion and to the Fontana Police Chief Roundtable and Hoops and Heroes Competition on October 11 at the Jessie Turner Center.

Joz Sida expressed enthusiasm for the upcoming La Gran Fiesta and raised concerns regarding the safety of Spanish-speaking attendees. He requested that the Mayor and City Council issue an official statement addressing community protection from ICE activity.

Grace expressed concerns regarding ICE activity and requested Council action. 29

Damixi Gonzalez expressed concerns regarding ICE activity and air quality in the City, requesting Council action.

Liza Pena expressed concerns regarding ICE activity and requested Council action.

Bishop James of Ephesians New Testament Church invited the Council to the church’s 40th Anniversary Gala on September 13 at 5:00 p.m. at Spaggi’s and suggested the City host a public forum on sanctuary cities to educate the community.

CONSENT CALENDAR:

Prior to the motion, the following occurred:

Item J:

Mayor Warren announced that she would be recusing from this item as she owns property within the project area.

Item P:

Mayor Pro Tem Garcia announced that he would be recusing from this item as he owns property within the project area.

Item X:

City Manager Matt Ballantyne noted a typographical error in Item “X” and clarified that the correct total final contract amount is $12,509,796, not $12,309,796 as listed.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Sandoval, and passed unanimously by a vote of 5-0 to approve Consent Calendar Items “A-AD” with Mayor Warren recusing on Item “J” and Mayor Pro Tem Garcia recusing on Item “P.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None A. Approval of Minutes 25-0470
Approve the minutes of the July 22, 2025, Regular City Council Meeting.

B. Adoption of Ordinance No. 1974 (Second Reading), approving 25-0469 Master Case No. 25-0019 and Municipal Code Amendment No. 25-0007...End
Conduct a second reading by title only and adopt Ordinance No. 1974, approving Master Case No. 25-0019 and Municipal Code Amendment No. 25-0007 to modify the sign code section to encourage attractive signage in the Downtown Core by allowing flexibility in design requirements and streamlining the approval process for creative signs, sign programs, wall signs, directional signage, awning signs, canopy signs, inlay signs, graphic projecting signs, projecting signs, holiday window signs and roof signage, and 30

prohibiting feather and yard signs.

C. Approve the Single Source Purchase of Traffic Signal Video 25-0325 Detection Equipment
Authorize procurement of traffic signal video detection equipment from Iteris utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Single Source/Sole Source.

Approve the purchase in the amount not to exceed $685,000 annually for three years (FY 2025/26 - 2027/28).

D. Approve an Increase to the Contract Not-To-Exceed 25-0326 Amount for Traffic Signal
Approve and authorize the City Manager to increase the annual amount of not-to-exceed of $350,000 annually for both Bear Electrical Solutions, Inc. and Yunex Traffic to provide as-needed traffic signal maintenance and repair services.

Authorize the City Manager to execute any future amendments to the Maintenance Services Agreements not to exceed $35,000.

E. Approve Amendment No. 1 to Task Order for Truck Route and 25-0327 General Plan Update Consultant Services to Comply with AB 98 by January 1, 2026
Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 (DE-24-195-SQ) with Kittelson and Associates in the amount of $56,000 to complete the environmental analysis and documentation to accompany the City’s Truck Routes and General Plan update to be in compliance with AB 98 requirements by January 1, 2026.

Approve and authorize the City Manager to execute any future amendments to Task Order No. 2 in the amount not to exceed $30,000.

F. Final Acceptance for the Demolition of 16726 Spring Street 25-0362 Project (PW-25-80-SB)
Accept as complete the work performed by AMPCO Contracting Inc. for the Demolition Project (PW-25-80-SB) of 16726 Spring Street and approve the final amount of $102,790.00.

G. Final Acceptance for the Demolition of 16803 Spring Street 25-0363 Project (PW-25-84-SB).

Accept as complete the work performed by AMPCO Contracting Inc. for the Demolition Project (PW-25-84-SB) of 16803 Spring Street and approve the final amount of $147,135.00.
31

H. Final Acceptance for the Demolition of 16815 Spring Street 25-0364 Project (PW-25-83-SB).

Accept as complete the work performed by AMPCO Contracting Inc. for the Demolition Project (PW-25-83-SB) of 16815 Spring Street and approve the final amount of $130,050.00.

I. Approve Extra Work to the Tree Maintenance Services Contract 25-0433 (PW-24-191-SP) for Necessary Tree and Stump Removals on the Citywide Sidewalk Reconstruction Project #3
Approve and authorize the extra work to Tree Maintenance Service Contract with West Coast Arborists Inc. (PW-24-191-SP) in the amount of $89,700.00 for tree removal services.

Approve and authorize the purchase order to West Coast Arborists Inc. and any future purchase order change orders necessary to complete the project.

J. Approve Extra Work to the Tree Maintenance Services Contract 25-0434 (PW-24-191-SP) for Necessary Tree and Stump Removals and Tree Replacements on both East Liberty Parkway and West Liberty Parkway in the Village of Heritage, for an Upcoming Pavement Repair Project
Approve and authorize the Extra Work to Tree Maintenance Service Contract (PW-24-191-SP) with West Coast Arborists Inc. in the not-to-exceed amount of $221,021.00 for Tree Removal Services.

Approve and authorize the Extra Work to Tree Maintenance Service Contract (PW-24-191-SP) with West Coast Arborists Inc. in the not-to-exceed amount of $30,020.00 for Tree Planting Services.

Approve and authorize the purchase order to West Coast Arborists Inc. and any future purchase order change orders necessary to complete the project.

K. Master Case (MCN) No. 25-0060 & Miscellaneous (MIS) No. 25-0442 25-0010; A Resolution Revising Cannabis Hours of Operation Adopt Resolution No. 2025-088, Establishing Cannabis Hours of Operation; and,
Determine that these actions are not a project subject to the California Environmental Quality Act (CEQA)
L. Award a Professional Services Agreement for Design Services 25-0443 with Steiner Studio for the 8470 Nuevo Avenue Renovation Project (DE-25-179-SP)..End
Award and authorize the City Manager to execute a Professional Services Agreement with Steiner Studio for Design Services for the 8470 Nuevo Avenue Renovation Project in the amount of $218,300.00 (Request for 32

Proposals DE-25-179-SP).

Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments with Steiner Studio, not exceeding $20,000 for the 8470 Nuevo Avenue Renovation Project (DE-25-179-SP).

Authorize the City Manager to execute any and all utility agreements for the 8470 Nuevo Avenue Renovation Project
M. Final Acceptance of the Arrow Boulevard at Tokay Avenue 25-0445 Traffic Signal Project (Bid No. SB-113-DE-23)
Accept as complete the work performed by Baker Electric, Inc. for the Arrow Boulevard at Tokay Avenue Traffic Signal Project (#37603354).

N. Police Department Monthly Information Update 25-0447 Accept the Police Department monthly information update for June 2025.

O. Approve Debris Basins Maintenance Agreement with I-15 25-0449 Logistics, LLC, for Maintaining Two Debris Basins as Part of their Development along Coyote Canyon Road, west of Sierra Avenue
Approve and authorize the City Manager to execute the Debris Basins Maintenance Agreement with I-15 Logistics, LLC.

P. Approve a Quitclaim Deed for Portion of Lot 2 of Tract No. 25-0451 20362 to TPG AG EHC III (NWHM) CA 2, L.P., Portions of Lots 3 and 4 of Tract No. 20362 to Richmond American Homes of Maryland, Inc., Portions of Lots 5 and 6 of Tract No. 20362 to AG EHC II (LEN) CA 2, L.P., and Portions of Lots A, D, G, and J of Tract No. 20363, and Lots A, D, E, and F of Tract No. 20364 to Lennar Homes of California, LLC, within the Gardens Village of the Arboretum Specific Plan, Located North of Casa Grande Avenue, West of Sierra Avenue, South of Duncan
Canyon Road, and East of Cypress Avenue
Approve and authorize the City Manager to execute a Quitclaim Deed for the release of public use easements for landscape and sidewalk purposes over portions of Lots 2 through 6 of Tract No. 20362, over portions of Lots A, D, G, and J of Tract No. 20363, and over portions of Lots A, D, E, and F of Tract No. 20364.

Q. Approve and Authorize the City Manager to 25-0453
Execute Landscape Maintenance Easement Deeds for CFD 115M Approve and authorize the City Manager to enter into Landscape Maintenance Easement Deeds with two property owners as part of CFD 33

115M for the West Valley Logistic Center Project.

R. Final Acceptance for the Demolition of 16779 Spring Street 25-0455 Project (PW-25-82-SB).

Accept as complete the work performed by AD Improvements Inc. for the Demolition Project (PW-25-82-SB) of 16779 Spring Street and approve the final amount of $137,500.00.

S. Final Acceptance of the County ARPA - Fiber to City Parks 25-0457 Project (Bid No. DE-24-180-SB)
Accept as complete the work performed by On Demand Contractors, Inc. for the ARPA -Fiber to City Parks Project (#37200006 and #37200007).

T. Acceptance of 2026 ABC Grant 25-0465
Approve an ABC Grant in the amount of $27,080.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary and operation.

Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $27,080.00.

Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.

U. Approve Amendment No. 9 to Professional Services Agreement 25-0466 with David Evans and Associates, Inc. for the San Sevaine Trail Phase 1, Segment 2 Project
Approve and authorize the City Manager to execute Amendment No. 9 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-17) in the amount of $379,336.38, for a total contract amount of $1,971,277.70.

V. Approve Measure I Five-Year Capital Project Needs Analysis 25-0467 for Fiscal Years 2026/2027 - 2030/2031
Adopt Resolution No. 2025-089, adopting the Fiscal Years 2026/2027 - 2030/2031 Measure I Five-Year Capital Project Needs Analysis (CPNA).

W. Approve Contract Change Order #2 for the Demolition of 25-0472 Existing Concrete Pad, Installation of New Concrete Pad and Walkway at North Tamarind Park Project (SB-116-PW-23).

Authorize the City Manager to approve Change Order #2 with Western State Builders, Inc. in the amount of $147,153.37 for the Demolition of Existing Concrete Pad, Installation of New Concrete Pad and Walkway at North 34

Tamarind Park Project (SB-116-PW-23).

X. Final Acceptance of the Downtown Parking Structure Project 25-0476 (SQ-24-DE-23-01)
Accept as complete the work performed by Bomel Construction Company, Inc. for the construction of the Downtown Parking Structure Project (SQ-24-DE-23-01).

Y. Final Acceptance of the City Hall Renovation Project - Phase I 25-0477 (Fire Annex; SQ-25-DE-23-01)
Accept as complete the work performed by PENTA Building Group, LLC for the construction of the City Hall Renovation Project - Phase I (Fire Annex; SQ-25-DE-23-01).

Z. Approve the Single/Sole Source equipment and installation of 25-0478 replacement engine for the Fontana Police Department Airship AS350B2 (N641EG)
Approve and authorize the City Manager or his assigned designee to approve the purchase and installation of a replacement engine for the City’s police helicopter utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Single/Sole Source.

Approve purchase in the amount of $872,827.50 from Federal Asset Seizure (Fund 223).

AA. Award bids for the Fontana Experience Network (FXN Studio) 25-0480 for Design, Build and Installation.

Award bid and authorize City Manager to execute an agreement with Devlin Design Group for Stage Studio Design and Installation in the amount of $399,903.84 and authorize a 10% contingency in the amount of $39,990.38 (Bid No. CM-25-168-SP).

Award and authorize City Manager to execute agreement with TV Pro Gear for Systems Design, Integration, and Installation in the amount of $468,860.00 and authorize a 10% contingency in the amount of $46,886 (Bid No. CM-25-168-SP).

AB. Award the Purchase of GARMOR X5 APC UMG Armored 25-0482 Vehicle

1. Award bid to GArmor Hmmwv Land, Air & Sea of Las Vegas, NV for the purchase of a new X5 armored vehicle in the amount of $516,561.41 and registration and license fees.

2. Approve an appropriation in the amount of $516,562 from Federal Asset Seizure (Fund 223).
35

AC. Final Acceptance for the Demolition of 8443 Nuevo Avenue 25-0485 Project (PW-25-64-CC).

Accept as complete the work performed by Resource Environmental Inc. for the Demolition Project (PW-25-64-CC) of 8443 Nuevo Avenue and approve the final amount of $118,432.34.

AD. Purchase and Sale Agreement - Aldea Apartments 25-0503 Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 15186 Foothill Boulevard, Fontana, CA 92335 specifically described as APN 0191-162-40 in the amount of $26,635,000 plus escrow costs and related acquisition fees.

Authorize the purchase of that certain Real Property with APN 1110-161-44-0000 (former APN 1110-161-09-0000) comprised of approximately 2.27 acres (“Property”) from Aldea Fontana Foothill, LLC, a California limited liability company.

Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

PUBLIC HEARINGS:

A. Appeal No. 25-0001: Request to overturn the Planning 25-0431 Commission’s June 3, 2025 decision certifying a Final
Environmental Impact Report (State Clearinghouse Number 2023030788) and adopting a Mitigation, Monitoring, and
Reporting Program, and approving Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No.
22-000051 for the consolidation of six (6) parcels into one parcel and the vacation of Windflower Avenue and the
development of an industrial warehouse building totaling approximately 398,514 square feet on approximately 18.3 acres located between Sierra Avenue and Mango Avenue,
approximately 1,300 feet south of Summit Avenue (Assessor Parcel Numbers: 1119-241-10, -13, -18, -25, -26, and -27).

Deny Appeal No. 25-0001, thereby upholding the Planning Commission’s decision on June 3, 2025 approving, pursuant to the certification of a Final Environmental Impact Report and adoption of a Migitation Monitoring and Reporting Program, Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22-000051 for the consolidation of six (6) parcels into one parcel and the vacation of Windflower Avenue and development of an industrial commerce building totaling approximately 398,514 square feet on approximately 18.3 acres located between Sierra Avenue and Mango 36

Avenue, approximately 1,300 feet south of Summit Avenue (APN Nos.:
1119-241-10, -13, -18, -25, -26, and -27).

APPELLANT / APPEAL APPLICANT:

Appeal No. 25-0001: Golden State Environmental Justice Alliance, 765 N.

Main Street, Ste. 151, Corona, CA 92880.

Mayor Warren opened the public hearing and announced Public Hearing Item “A” would be continued to the September 23, 2025, City Council meeting.

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garica, and passed unanimously by a vote of 5 0 to continue Public Hearing Item “A” to the September 23, 2025, City Council meeting. The motion carried by the following vote:

AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
B. Issuance of Fontana Public Facilities Financing Authority 25-0488 Lease Revenue Bonds, Series 2025A
Conduct a Public Hearing and Adopt Resolution No. 2025-091 of the City Council of the City of Fontana authorizing the execution and delivery by the City of a Ground Lease, Lease Agreement, Indenture, Escrow Agreement, Continuing Disclosure Certificate and Bond Purchase Agreement in connection with the issuance of Fontana Public Facilities Financing Authority Lease Revenue Bonds, Series 2025A, approving the issuance of such Bonds in an aggregate principal amount of not to exceed $150,000,000, authorizing the distribution of an Official Statement in connection with the offering and sale of such Bonds and authorizing the execution of necessary documents and certificates and related actions.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Chief Financial Officer Jessica Brown provided the staff report.

Mayor Warren requested confirmation that issuance of the bonds would not result in increased taxes within the City. Chief Financial Officer Brown confirmed that it would not.

Council Member Cothran commented on the importance of the bonds in supporting the City’s continued growth, the centralization of staff and services, and business retention efforts.

Mayor Warren also addressed homelessness, referencing the recent West End Mayors’ meeting and ongoing regional efforts to eradicate homelessness, noting that success is possible with proper implementation. She commended the Council for making decisions with the community’s future needs in mind.
37

City Clerk Key stated that there were no requests to speak.

Mayor Warren closed the public hearing.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to approve Public Hearing Item “B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Ballantyne commended Chief Financial Officer Brown and Deputy City Manager Phil Burum for their efforts with the issuance of the lease revenue bonds.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler Brooks thanked Chief Financial Officer Brown for the lease revenue bond presentation.

City Clerk Key reported no comments.

Council Member Cothran commended the Fire Department for its efforts in containing the Pyrite Fire and recognized the partnership between the Fire and Police Departments during a recent call at the Senior Center.

Mayor Pro Tem Garcia thanked his colleagues for approving the lease revenue bonds item and noted that City Hall is long overdue for an upgrade to keep pace with community growth.

Council Member Sandoval commended the partnership between the Fire and Police Departments on a recent call at the Senior Center; extended condolences to Police Captain Brian Binks and the Binks family on the passing of Randy Binks; wished his grandson, Francisco, a happy 11th birthday; and encouraged the community to volunteer as referees for the youth soccer program.

Council Member Roberts congratulated the Employees of the Year, thanked Chief Financial Officer Brown and her team for their work on the lease revenue bonds, and expressed condolences to the Binks family.

Mayor Warren thanked the Community Services Department for the recent “Fit, Fresh and Fun” event and upcoming programs, expressed condolences to Police Captain Binks and family on the passing of Randy Binks, and extended condolences to the family of Summer 38

Annese Atlas.

ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:

1. Annese Atlas

2. Randy Binks
Mayor Warren adjourned the meeting at 3:22 p.m. to the Regular City Council Meeting on Tuesday, September 23, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 23, 2025.
_______________________
Germaine Key
City Clerk
.
39 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0454 Agenda Date: 9/23/2025
Agenda #: B. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award Bid for On-Call Public Works Pavement Markings Thermoplastic and Paint Services PW-26-03 -SB
RECOMMENDATION:

1. Award bid for On-Call Pavement Markings Thermoplastic and Paint Services and authorize the City Manager to enter into an agreement and execute a contract for two (2) years, for Pavement Markings Thermoplastic and Paint Services PW-26-03-SB with Chrisp Company with an annual not-to-exceed amount of $355,855.00 per year.

2. Authorize the City Manager to execute future contract amendments for the remaining three (3) additional one-year (1) renewals, for a total 5-year contract.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City of Fontana Public Works Department is responsible for maintaining 1,406.46 lane miles of roadway striping and traffic marking to ensure safe and efficient traffic operations. Over time, painted striping deteriorates due to traffic volumes, weather, and environmental conditions, which reduces visibility and roadway safety. To remain compliant with newly established state and federal standards, the City must enhance its striping program with updated materials, widths, and retro reflectivity requirements.

Recent updates to traffic striping standards have been adopted to improve roadway safety and align with emerging transportation technologies. These updates include the following key requirements, such as Line Widths and Retroreflectivity Requirements.

These updates are intended to improve visibility for human drivers in challenging conditions (nighttime, rain, fog) and to enhance roadway performance for autonomous driving systems (ADS) and advanced driver-assistance systems (ADAS).

Additionally, the City will transition all striping from paint to thermoplastic material, which delivers four City of Fontana Page 1 of 2 Printed on 9/18/2025
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File #: 25-0454 Agenda Date: 9/23/2025
Agenda #: B. Category: Consent Calendar
key benefits to better align with newly adopted state and federal requirements, enhanced durability, extended service life, improved visibility and safety, and cost efficiency.

On July 17, 2025, the Division advertised the Pavement Markings Thermoplastic and Paint Services project with a sample project for all items that may be requested throughout the city. Bid invitations were sent to 207 vendors, with 20 vendors downloading or receiving bid packets. Sealed bids were opened electronically at 2:00 p.m. on August 7, 2025.

After reviewing the proposed bid documents and performing the reference checks, the Public Works Department has determined Chrisp Company to be the lowest responsible and responsive bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $355,855 per year and has been included in the 2025-26 and 2026-27 adopted budget in accounts 10137103 8130 and 28137103 8130.

MOTION:

Approve Staff Recommendation
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Bid Results
Pavement Markings Thermoplastic and Paint
PW-26-03-SB
Chrisp Company $355,855.00
Bloomington, CA
Superior Pavement Markings, Inc. $911,595.00
Cypress, CA
42 City of Fontana
Pavement Markings Thermoplastic and Paint Services (PW-26-03-SB), bidding on 08/07/2025 2:00 PM (PDT)

Printed 08/07/2025
PlanetBids
43 City of Fontana
Pavement Markings Thermoplastic and Paint Services (PW-26-03-SB), bidding on 08/07/2025 2:00 PM (PDT)

Printed 08/07/2025
PlanetBids
44 City of Fontana
Pavement Markings Thermoplastic and Paint Services (PW-26-03-SB), bidding on 08/07/2025 2:00 PM (PDT)

Printed 08/07/2025
PlanetBids
45 City of Fontana
Pavement Markings Thermoplastic and Paint Services (PW-26-03-SB), bidding on 08/07/2025 2:00 PM (PDT)

Printed 08/07/2025
PlanetBids
46 City of Fontana
Pavement Markings Thermoplastic and Paint Services (PW-26-03-SB), bidding on 08/07/2025 2:00 PM (PDT)

Printed 08/07/2025
PlanetBids
47 City of Fontana
Pavement Markings Thermoplastic and Paint Services (PW-26-03-SB), bidding on 08/07/2025 2:00 PM (PDT)

Printed 08/07/2025
PlanetBids
48 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0471 Agenda Date: 9/23/2025
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award Bid for Thermoplastic Artwork Installation Services (DS-25-184-SP) to Creative Paving Solutions
RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Creative Paving Solutions for Thermoplastic Artwork Installation Services in the amount of $231,867.88 and authorize a 10% contingency in the amount of $23,186.78 (DS-25-184-SP).

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

COUNCIL GOALS:
· To operate in a businesslike manner by creating a memorable customer experience with every interaction.
· To promote economic development by pursuing business attraction, retention, and expansion. · 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.

DISCUSSION:

As part of its Downtown revitalization objective, the City is committed to enhancing public spaces through the integration of public art. As part of this initiative, the City issued a Request for Proposals (RFP), seeking qualified firms to provide thermoplastic artwork installation services that will transform select pavement surfaces into engaging spaces, consisting of two (2) rectangular zones located in a pedestrian area between the newly constructed Downtown parking structure, the Stage Red Theater, and the Fontana Chamber of Commerce/Human Resources building. This will further enhance the aesthetic appeal of public spaces in the heart of Downtown Fontana.

On June 9, 2025, the Request for Proposals was posted, receiving a total of four (4) submissions.

After thorough evaluations were conducted, Creative Paving Solutions was identified as the most qualified entity based on experience, project feasibility, schedule, and detailed approach to the project. The proposal ranged from $231,867.88 to $344,960.

The scope of work under this agreement includes all labor, materials, equipment, and technical City of Fontana Page 1 of 2 Printed on 9/18/2025
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File #: 25-0471 Agenda Date: 9/23/2025
Agenda #: C. Category: Consent Calendar
expertise necessary in applying a pre-designed thermoplastic artwork on asphalt. The contract amount for these services will not exceed $231,867.88 and is funded within the Plaza Improvements Project (Project No. 37600079). The work is estimated to be completed by early Spring 2026.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $255,054.66 and is included in the FY 2025-26 budget in the Plaza Improvements Project #37600079-601-A-8329.

MOTION:

Approve staff recommendation.

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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DS-25-184-SP
This Agreement is made and entered into as of September 10, 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Creative Paving Solutions, a Limited Liability Company, with its principal place of business at 421 West Palmer Avenue, Glendale, CA 91204 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Thermoplastic Artwork Installation Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $231,867.88. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 51 2
16498.00150\32126437.1
be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within Exhibit “A”. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 52 3
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
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(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must 54 5
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specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 55 6
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) 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 Consultant from liability in excess of such coverage, nor shall it limit the Consultant’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 Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which 57 8
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include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination 58 9
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occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Jono Rahav as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Mae Lynn Alcantara, Engineering
CONSULTANT:

Creative Paving Solutions
421 West Palmer Avenue
Glendale, CA 91204
Attn: Jono Rahav, COO
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.
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Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

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

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall 60 11
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have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager

VENDOR NAME
By:

Jono Rahav
COO
Attest:

By:

Germaine McClellan Key
City Clerk
By:

Phillip Burum
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
_____________________________
Gia Kim
Public Works Director / City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager

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EXHIBIT A
Scope of Services / Activity Schedule

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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City upon completion of work. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. 64 1027 East Curry Road, Tempe AZ 85288 – T: 480-446-9000 F: 480-446-9001 AZROC#155125 421 West Palmer Ave, Glendale, CA 91204 - T: 480-446-9000 F: 480-446-9001 CAROC#1042300 Cover Letter
City of Fontana
Thermoplastic Artwork Installation Services
DS-25-184-SP
Company Name: Creative Paving Solutions LLC.

Website: Creativepaving.com
Email: [email protected]
Cell Phone number: (480) 280-6902
Address: 421 West Palmer Ave. Glendale, CA 91204
Headquarters: 1027 East Curry Road, Tempe, AZ 85288
Office Phone number: (480) 446-9000
65 1027 East Curry Road, Tempe AZ 85288 – T: 480-446-9000 F: 480-446-9001 AZROC#155125 421 West Palmer Ave, Glendale, CA 91204 - T: 480-446-9000 F: 480-446-9001 CAROC#1042300 Detailed Timeline
Our work plan has Creative Paving Solutions completing the thermoplastic installation in two days with a third day for any punch list items or unforeseen issues.

Pre-job start:

1. Review the design, plans, and get approval from the City for the design.

2. Once design is signed off on, we will order materials.

3. While we wait on materials we will hold a preconstruction meeting with the City of Fontana team to answer any questions, discuss the schedule, set expectations, and confirm we are abiding by the City and State safety and traffic control standards.

Day 1 & Day 2:

1. Using standard barricades and caution tape we will close off the work area.

2. Prep the surface with blowers and brooms to remove all existing dust on the work site. If there are oil stains are surface issues that the blowers and brooms do not remove, we will use degreasers or the correct equipment for proper surface preparation.

3. Once the surface is prepared, we will lay out the areas where the thermoplastic is to be installed. We will confirm with the plans that our placement is in accordance with the city’s design. If desired, the city can meet with us on site to approve layout before application.

4. Once the layout is confirmed, we will inspect the surface one list time for any dirt or debris and then begin the installation process.
a. Installation process
i. Install sealer primer on the surface prior to laying down the thermoplastic sheets ii. Lay down the sheets while also confirming the design iii. Using an SR-120 Infrared heater we begin to heat the thermoplastic until the seams melt together, and we achieve the proper temperature per manufacturer specifications. We will monitor the temperatures using a digital thermometer.
iv. Throughout the heating process we will evenly distribute corundum into the thermoplastic to add extra anti-skid material per the manufacturer specifications.

5. Clean up our workspace from all trash and debris, open traffic control, and leave the site for the day.

Day 3:

1. This day is set aside for any touchups, delays, or cleanup that are needed.

2. Walk the site with city inspectors and ensure customer satisfaction.

Additional Note:

1. All left over materials will be utilized on projects with similar colors or melted to boards as samples for future projects. None of the materials will go to waste.

2. Creative Paving Solutions has all of the bonding ability and insurance requirements the city needs 66 1027 East Curry Road, Tempe AZ 85288 – T: 480-446-9000 F: 480-446-9001 AZROC#155125 421 West Palmer Ave, Glendale, CA 91204 - T: 480-446-9000 F: 480-446-9001 CAROC#1042300 References & Samples of Relevant Past work
City of Santa Ana Multiple Thermoplastic Projects
Jeff Maloney - (814) 335-6685 – Cinnabar | Josh Nava – (714) 632-6699 – Onyx Paving | Jonathan Wright – (760) 745-2001 – Baker Creative Paving Solutions has worked on multiple projects with the City of Santa Ana and is currently working on one. The project consist 3 decorative thermoplastic crosswalks and 1 park with multiple thermoplastic games. The work consists of preparing the surface, coordinating traffic control, providing material, and installing the thermoplastic.

Project total was $123,531.92
Two projects completed in summer of 2024 & one project will be completed in July 2025 Gabby Freeman - (805) 543-8568 – R Burke Construction
Creative Paving Solutions has worked with Gabby and R Burke construction to install 2 artistic thermoplastic intersections for Cal Trans in the City of Santa Maria. The project consisted of preparing the surface, coordinating traffic control, providing material, and installing the thermoplastic.

Project total was $382,057.60
Project was completed in May 2024
John Richards - (951) 457-4118 – Pacific Restoration Group, Inc.

Creative Paving Solutions has worked with John and PRG Inc construction to install 3700 square feet of decorative thermoplastic crosswalks for Cal Trans in the City of Ramona. The project consisted of preparing the surface, coordinating traffic control, providing material, and installing the thermoplastic.

Project total was $76,886.00
Project was completed in September 2023
67 1027 East Curry Road, Tempe AZ 85288 – T: 480-446-9000 F: 480-446-9001 AZROC#155125 421 West Palmer Ave, Glendale, CA 91204 - T: 480-446-9000 F: 480-446-9001 CAROC#1042300 Cost Proposal
Thermoplastic Application
• Option 1
o Creative Paving Solutions will install Decorative thermoplastic per the plans and specs. ▪ Creative Paving Solutions will provide material, prepare the surface, and install 5,876 square feet of decorative thermoplastic per the plans and specifications. The product will be Geveko Markings interconnected Thermoplastic.
▪ Creative Paving will provide Traffic Control for our work areas. ▪ Pricing is based on applying 3 days’ worth of work. Any additional days not caused by Creative Paving Solutions will result in a mobilization charge of $5,500 per mobilization. ▪ Pricing does not include stamped traffic control plans and is based on a full closure of our work area during working hours. Phasing will be determined by the city.

Price for Option 1 is: $231,867.88 including applicable sales taxes. • Option 2
o Creative Paving Solutions will install Decorative thermoplastic & an Epoxy Fortified Acrylic coating for asphalt sealing.
▪ Creative Paving Solutions will provide material, prepare the surface, and install 2,575 square feet of decorative thermoplastic per the plans and specifications. The product will be Geveko Markings interconnected Thermoplastic.
▪ Creative Paving Solutions will provide material, prepare the surface, and install 3,301 square feet of black Vehicular grade Epoxy Fortified Acrylic coating to seal the asphalt areas not covered by thermoplastic. This coating will be black to make up for the black thermoplastic. ▪ Creative Paving will provide Traffic Control for our work areas. ▪ Pricing is based on applying 3 days’ worth of work. Any additional days not caused by Creative Paving Solutions will result in a mobilization charge of $5,500 per mobilization. ▪ Pricing does not include stamped traffic control plans and is based on a full closure of our work area during working hours. Phasing will be determined by the city. ▪ Pricing in Option 2 does not include the black thermoplastic.

Price for Option 2 is: $119,802.64 including applicable sales taxes. 68 Bid Summary
Thermoplastic Artwork Installation Services
(DS-25-184-SP)
Firm Rank
Creative Paving Solutions
Glendale, CA 1
Shariden Design Asphalt, Inc.

Alpine, CA 2
VSI Technologies
San Diego, CA 3
Chrisp Company
Bloomington, CA 4
69 Stage Red
Chamber of Commerce
Parking Structure
Selfie Wall
Zone 2
Outdoor Deck ~110' ~26'
~116'
~26'
Zone 1
70 Thermoplastic Artwork Installation Services
(DS-25-184-SP)
Artwork Pattern
71 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0486 Agenda Date: 9/23/2025
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to Execute an Easement with Southern California Edison (SCE) Company at Locust Avenue, south of Jurupa Avenue, for West Valley Logistics Center RECOMMENDATION:

Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

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.

DISCUSSION:

On March 26, 2019, the City Council approved Ordinance Nos. 1800, 1801, and 1802 approving Specific Plan Amendment No. 11-003 along with certification of the Final Environmental Impact Report (FEIR) (State Clearing House No. 2012071058) for the West Valley Logistic Specific Plan Project and included approvals for General Plan Amendment No. 11-026 and Zone Change No. 11- 016 to redesignate the land use designation of the site to Light Industrial; Development Agreement No. 11-002; and Tentative Parcel Map No. 19156 (TPM No. 13-005) to subdivide the site into nine (9) parcels for the development of the Specific Plan that anticipated the development of seven (7) industrial commerce center buildings.

On August 16, 2022, the Planning Commission approved Master Case No. 21-072, Revision to Tentative Parcel Map No. 19156 (TPM No. 13-005 R1), and Design Review No. 21-027 and adopted Resolution No. PC 2022-034. Resolution No. PC 2022-034 included Conditions of Approval for Tentative Parcel Map No. 19156. To adhere to the Conditions of Approval, the developer is widening Locust Avenue between Jurupa Avenue and 11th Street.

As part of the construction of Locust Avenue street improvements, the developer must acquire an easement from SCE and obtain California Public Utilities Commission (CPUC) approval for said improvements.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

City of Fontana Page 1 of 2 Printed on 9/18/2025
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File #: 25-0486 Agenda Date: 9/23/2025
Agenda #: D. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 9/18/2025
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1 RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73577A Service Order: 802243250
Location: City of Fontana
APN: 0256-131-08 &
0256-141-37
V&LM File: GRT204155470
SCE Document: 206524
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT
BY SF DATE 08/27/2025
SCE Law Approved: CKK
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to the City of Fontana, a municipal corporation, hereinafter called "Grantee", an easement for Road and Utility purposes, in, on, under, over, along and across that certain real property in the County of San Bernardino, State of California, described as follows:

THOSE PORTIONS OF THE NORTHWEST ONE-QUARTER AND THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE

CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED NOVEMBER 26, 1962, IN BOOK 5806, PAGE 538 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

The Road and Utility easement area (the “Easement Area”)is more particularly described on the Exhibit “A” and more particularly depicted on the Exhibit “B”, both attached hereto and by this reference made a part hereof.

SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the following terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the Easement Area, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes.

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant. 74 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
2 3. The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits.

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

5. Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and/or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement.

6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty-five (35.00) feet between their equipment and any and all overhead electric conductors.

7. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

8. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described Easement Area and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

9. The above described Easement Area is to be used only for the purposes specified herein and in the event:
a. said real property is not so used;
b. said real property shall be vacated as a road and utility right of way; or c. the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property.

10. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given
75 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
3 11. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called “Improvement”) shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

12. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the Easement Area at its own expense.

13. Grantee hereby recognizes Grantor’s title and interest in and to the above Easement Area and agrees never to assail or resist Grantor’s title or interest therein.

14. Any earth fill placed by Grantee within the boundaries of the Easement Area shall have a relative compaction density of ninety percent (90%).

15. The Grant of Easements are executed subject to General Order No. 69-C, of the Public Utilities

16. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Grantor’s right of way and/or rendered immobile.

17. Grantee agrees to provide twenty-four (24)-foot wide commercial type driveway(s) with curb depression(s) capable of supporting forty (40) tons on a three axle truck at (such/a) locations specified by the Grantor.

18. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to the following:

For Grantor: Southern California Edison Company

Attn: Land Management Eastern Region
3 Innovation Way, 2nd Floor
Pomona, CA 91768
For Grantee: City of Fontana

Attn: Engineering Department
8353 Sierra Avenue
Fontana, CA 92335

Copy to: Best Best & Krieger

Attn: Fontana City Attorney
2855 E. Guasti Rd. Suite 400
Ontario, CA 91761
76 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
4 19. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described Easement Area.

20. Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than thirty-six (36) inches below the surface of the ground, shall be capable of supporting threeaxle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used.

21. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible.

22. Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty percent (150%) of its maximum operating pressure.

23. The two-year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor.

24. Grantee agrees to install (20) twenty-foot-wide double-drive gate at a location specified by Grantor.

25. Grantee agrees that all fencing and metallic structures installed by Grantee within the Easement Area shall be adequately grounded.

26. Grantee agrees that no additional structures will be installed on the Easement Area.

27. Grantee agrees not to store flammable materials nor store any vehicle on the Easement Area.

28. Any trees or plants planted by Grantee within the above described Easement Area shall be maintained by Grantee and shall not exceed a height of fifteen (15) feet.

29. Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described Easement Area, so as to prevent dust contamination of Grantor's facilities.

30. This Grant of Easement will not become effective unless and until it is approved by the California Public Utilities Commission pursuant to and in accordance with Public Utilities Code Section 851.

Grantor may terminate this Easement to the extent the CPUC either withholds its consent or imposes conditions on the approval that are objectionable to Grantor. (THIS SPACE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW) 77 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
5 IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _______ day of _____________________ , 20____.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By:

Monica Contreras
Real Estates Facilities - Advisor
Land Management – Eastern Region
Vegetation & Land Management
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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.

Signature _______________________________
78 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
6 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation
By:

Name:

Title:

By:

Name:

Title:
79 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
7 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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.

Signature _______________________________
80 Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
8 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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.

Signature _______________________________
81 9

CITY OF FONTANA

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement to which this Certificate of Acceptance is attached:
from: SOUTHERN CALIFORNIA EDISON COMPANY, a corporation ("Grantor") to: CITY OF FONTANA, a California municipal corporation (“Grantee”) Said Grant of Easement is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of said Grant of Easement.

Dated: ______________________ CITY OF FONTANA, a California municipal corporation
By: ______________________________
Matthew Ballantyne
City Manager
82 ROAD AND UTILITY EASEMENT

THAT PORTION OF THE CERTAIN PARCEL OF LAND CONVEYED TO SOUTHERN

CALIFORNIA EDISON COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BY DEED RECORDED NOVEMBER 26, 1962 IN BOOK 5806, PAGE 538 OF OFFICIAL RECORDS OF SAID COUNTY, LYING

WITHIN THE NORTHWEST ONE-QUARTER AND THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO

MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

PARCEL 1:

BEING A STRIP OF LAND, 23.00 FEET IN WIDTH, THE EASTERLY LINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID CERTAIN PARCEL OF LAND AND THE WESTERLY LINE OF LOCUST AVENUE (66.00-FEET

WIDE) AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED MARCH 15, 1956 IN BOOK 3886, PAGE 388 OFFICIAL RECORDS OF SAID COUNTY;
7+(1&(6287+(5/<$/21*6$,':(67(5/</,1(6287+ƒ
($67

)((7
1257+($67ƒ
($675(&25'3(55(&25'2)6859(<
FILED IN BOOK 143, PAGES 61 THROUGH 63, INCLUSIVE, OF RECORDS OF

SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY) TO THE

SOUTHERLY LINE OF SAID CERTAIN PARCEL OF LAND AND THE POINT OF TERMINUS.

THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED

NORTHERLY TO TERMINATE IN SAID NORTHERLY LINE AND PROLONGED OR SHORTENED SOUTHERLY TO TERMINATE IN SAID SOUTHERLY LINE.

CONTAINING: 6,945 SQUARE FEET OR 0.159 ACRES, MORE OR LESS.

EXHIBIT "A"

LEGAL DESCRIPTION
SERIAL NO. 73577A
APN: 0256-131-08 & 0256-141-37
PAGE 1 OF 2
WO# 802243250 - NOT#204155470
83 PARCEL 2:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID CERTAIN PARCEL OF LAND RECORDED IN SAID BOOK 5806, PAGE 538, AND THE EASTERLY LINE OF SAID LOCUST AVENUE AS SHOWN ON SAID RECORD OF SURVEY; 7+(1&(6287+(5/<$/21*6$,'($67(5/</,1(6287+ƒ
($67

FEET TO THE SOUTHERLY LINE OF SAID CERTAIN PARCEL OF LAND; 7+(1&(6287+($67(5/<$/21*6$,'6287+(5/</,1(6287+ƒ

($67

11.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 2,044.00 FEET, A RADIAL TO WHICH BEARS NORTH 
ƒ

($67

THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL $1*/(2)ƒ
$1$5&/(1*7+2)
)((772$32,172)7$1*(1&<,1$
LINE PARALLEL WITH AND DISTANT EASTERLY 11.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY LINE OF LOCUST AVENUE;
7+(1&(1257+(5/<$/21*6$,'3$5$//(//,1(1257+ƒ
:(67


FEET TO TO THE NORTHERLY LINE OF SAID CERTAIN PARCEL OF LAND; 7+(1&(1257+:(67(5/<$/21*6$,'1257+(5/</,1(1257+ƒ

:(67

11.07 FEET TO THE POINT OF BEGINNING.

CONTAINING: 3,322 SQUARE FEET OR 0.076 ACRES, MORE OR LESS.

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD: COVENANTS,

CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY.

NO. 9123
SERIAL NO. 73577A
PREPARED UNDER THE DIRECTION OF:

NAVEEN K. GALI DATE
P.L.S. NO. 9123
EXP. SEPT. 30, 2024
4/ 8/2024
PAGE 2 OF 2
WO# 802243250 - NOT#204155470
84 NO. 9123
4/08/2024
SERIAL NO. 73577A
85 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0496 Agenda Date: 9/23/2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Declaring a Portion of Certain Real Property on Sierra Avenue a Public Right-of-Way and Accepting it into the City Street System
RECOMMENDATION:

Adopt Resolution No. 2025-092, declaring a portion of certain real property on Sierra Avenue a public right-of-way and accepting it into the City Street System.

COUNCIL GOALS:
· To promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

On January 30, 2001, the City acquired title to a portion of certain parcel of real property located on Sierra Avenue within the City of Fontana, County of San Bernardino, commonly known as Assessor Parcel Number 024036165 (Property). Since that time, the City has utilized the Property for public right-of-way, primarily for street purposes. However, the Property had never formally been declared a public right-of-way nor was it explicitly accepted into the City’s Street System under California Streets and Highways Code Section 1806.

This resolution formalizes the existing public use and status of the Property.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 9/18/2025
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RESOLUTION NO. 2025-092

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DECLARING A PORTION OF CERTAIN REAL
PROPERTY LOCATED ON SIERRA AVENUE A PUBLIC RIGHT-OFWAY FOR STREET AND UTILITY PURPOSES AND ACCEPTING THE ROAD INTO THE CITY’S STREET SYSTEM.

WHEREAS, the City of Fontana (“City”) is a municipal corporation duly organized and existing under the laws of the State of California; and WHEREAS, on January 30, 2001, the City acquired title to a portion of that certain parcel of real property located on Sierra Avenue within the City of Fontana, County of San Bernardino, commonly known as Assessor Parcel Number 024036165, more particularly described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein (“Property”); and
WHEREAS, since that time, the City has utilized the Property as a public right-ofway for street and utility purposes but had not officially declared it as such; and WHEREAS, the City now deems it necessary and in the public interest to formally declare and designate the Property as a public right-of-way for street and utility purposes; and
WHEREAS, pursuant to California Streets and Highways Code Section 1806, the City now deems it necessary and in the public interest to formally accept the Property into the City’s street system.

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

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

Section 2. CEQA. The City Council of the City of Fontana hereby finds that, because the City has utilized the Property as a public right-of-way for street and utility purposes and no changes in use are proposed, this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) Sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and, alternately, is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3) [the activity is not a project as defined in Section 15378] of the CEQA Guidelines, because this action has no potential for resulting in physical change to the environment, directly or indirectly.

Therefore, no further environmental assessment is required. 87 Resolution No. 2025-092
2 of 3
Section 3. Declaration of public right-of-way and acceptance into City street system. The Property as described in Exhibit A and depicted on Exhibit B is hereby declared, designated and established as a public right-of-way of the City of Fontana for street and utility purposes. Additionally, said public right-of-way is hereby formally accepted in to the street system of the City.

Section 4. Publication. The City Clerk shall cause this Resolution, including Exhibits A and B, to be recorded in the Official Records of the San Bernardino County Recorder.

Section 5. Effective Date. This Resolution shall become effective immediately.

Section 6. Severability. If any provision of this Resolution 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 Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

APPROVED AND ADOPTED this 23rd day of September, 2025.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 23rd day of September, 2025, by the following vote to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
88 Resolution No. 2025-092
3 of 3
_____________________________________
City Clerk of the City of Fontana
_____________________________________
Mayor of the City of Fontana
ATTEST:
_____________________________________
City Clerk
89 EXHIBIT “A”

LEGAL DESCRIPTION

THAT PORTION OF THE LAND IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND DESCRIBED IN DEED RECORDED JANUARY 8, 2021, AS DOCUMENT NO. 2021-0012499 OF OFFICIAL RECORDS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING A PORTION OF LOT SEVEN (7), RIALTO ACRES, AS PER MAP RECORDED IN BOOK 18, PAGE 12 OF MAPS, IN THE OFFICE OF COUNTY RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER (POC) OF THE LAND IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS DESCRIBED IN DEED RECORDED JANUARY 8, 2021, AS DOCUMENT NO. 2021-0012499 OF OFFICIAL

RECORDS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,

SAID CORNER ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY OF SIERRA AVENUE (52 FEET HALF-WIDTH); THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY OF SIERRA AVENUE, SOUTH 0O 01’ 08” EAST, A DISTANCE OF 53.85 FEET TO THE TRUE POINT OF BEGINNING (TPOB); THENCE WESTERLY AT A RIGHT ANGLE, SOUTH 89O 58’ 52” WEST, A DISTANCE OF 22.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE CENTERLINE OF SIERRA AVENUE, SOUTH 0O 01’ 08” EAST, A DISTANCE OF 54.50 FEET; THENCE EASTERLY AT A RIGHT ANGLE, NORTH 89O 58’ 52” EAST, A DISTANCE OF 31.50 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE CENTERLINE OF SIERRA AVENUE, NORTH 0O 01’ 08” WEST, A DISTANCE OF 54.50 FEET; THENCE WESTERLY IN A DIRECT LINE, A DISTANCE OF 9.50 FEET TO THE TRUE POINT OF BEGINNING (TPOB).
90 91

PALMETTO AVE

WALNUT ST SIERRA AVE
210 FWY CITRUS AVE

BASELINE AVE
APN:
024036140
APN:
024036166
APN:
024036164
APN:
024036163
APN:
024036162 TRACT 18859-5
SITE
APN:024036165

VICINITY MAP
N
SC: NTS. SIERRA AVE
92 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0499 Agenda Date: 9/23/2025
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of Perimeter Street, Sewer, Storm Drain, Traffic Signal, Interconnect, Signing & Striping, and CFD Landscape Improvements Within the Arboretum Specific Plan for Tract No. 20362 RECOMMENDATION:

1. Accept as complete the perimeter street, sewer, storm drain, traffic signal, interconnect, signing & striping, and CFD landscape improvements for Tract No. 20362.

2. Adopt Resolution No. 2025-093, of the City Council of the City of Fontana accepting sewers for Tract No. 20362 as part of the City sewer system.

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.

DISCUSSION:

North Fontana Investment Company, LLC constructed perimeter street, streetlights, sewer, storm drain, traffic signal, interconnect, and CFD landscape improvements for Tract No. 20362 located along Sierra Avenue, Duncan Canyon Road, Cypress Avenue, and Casa Grande as part of the Arboretum Specific Plan.

The street, sewer, storm drain, traffic signal, interconnect, signing & striping, and CFD landscape improvements for Tract No. 20362 are complete and acceptance by the City Council is required pursuant to Fontana Municipal Code, Section 26-184(b). Acceptance of the sewer system is limited to the frontage sewer located along Cypress Avenue. The streetlight improvements are installed by Southern California Edison (SCE) and will be an SCE facility, therefore, acceptance by the City Council is not required.

The street, sewer, storm drain, traffic signal, interconnect, signing & striping, and CFD landscape improvements have been completed to the satisfaction of the Department of Public Works/Engineering. By accepting the improvements as complete, the City will be taking over the maintenance of these improvements. SCE will be taking over the maintenance of the streetlight improvements.

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File #: 25-0499 Agenda Date: 9/23/2025
Agenda #: F. Category: Consent Calendar
This action will also authorize the release of the Faithful Performance Bond, which was posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six (6) months and the Warranty Bond after twelve (12) months, less the total of any claims received by this date. A bond reduction was approved by City Council during the regular meeting on June 13, 2023.

The street, sewer, storm drain, traffic signal, interconnect, signing & striping, and CFD landscape improvements have met all Conditions of Approval and the improvements were inspected by the Department of Engineering.

Tract No. Bond No. Bond Amount Bond Type
20362 (Sierra Ave) 024251511 $467,898.40 Faithful Performance and Labor & Materials
20362 (Sierra Ave) 024251511 $467,898.40 Warranty
20362 (Casa Grande &
Cypress)
024251512 $431,363.20 Faithful Performance
and Labor & Materials
20362 (Casa Grande &
Cypress)
024251512 $431,363.20 Warranty
20362 (Duncan Canyon
Rd)
024251510 $456,686.00 Faithful Performance
and Labor & Materials
20362 (Duncan Canyon
Rd)
024251540 $456,686.00 Warranty
FISCAL IMPACT:

As part of the action to accept as complete the street, sewer, storm drain, traffic signal, interconnect, signing & striping, and CFD landscape improvements for Tract No. 20362, these improvements will be deemed complete and the City will take over the operation and maintenance of these public infrastructures. Appropriate funding for the maintenance work is included in the FY 2025-2026 budget in the Public Works/Engineering Department, under the Utilities & Streets and Parks & Landscape Divisions.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-093

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

CALIFORNIA ACCEPTING THE SEWER SYSTEM ALONG CYPRESS
AVENUE FOR TRACT NO. 20362 AS PART OF THE CITY’S SEWER
SYSTEM.

WHEREAS, Section 23-388 of the Fontana Municipal Code provides that each addition to or extension of the sewer systems shall be accepted by Resolution of the City Council of the City of Fontana (“City Council”); and
WHEREAS, this Resoltuion shall contain the terms of any special consideration which shall apply to the sewer so accepted; and
WHEREAS, City Council intends to accept the sewer system along Cypress Avenue for Tract No. 20362 as apart of the City of Fontana sewer system; and WHEREAS, there is no special consideration that shall apply to the sewer system accepted herein.

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

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council hereby accepts the sewer system along Cypress Avenue for Tract No. 20362 as apart of the City of Fontana’s sewer system.

Section 3. The City Council hereby finds that this Resolution is exempt from further environmental review pursuant to the California Environmental Quality Act (Pub.

Resources Code, §§ 21000 et seq.) (“CEQA”) because, pursuant to section 15378(b)(4) of the California Code of Regulations, this Resolution does not constitute a “project” because it constitutes merely the establishment of government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. Therefore, City staff is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the adoption of this Resolution.

Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 5. The City Clerk shall certify to the adoption of this Resolution. 95 Resolution No. 2025-093
2 of 2
APPROVED AND ADOPTED this 23rd day of September, 2025.

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 held on the 23 rd day of
September, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
City Clerk of the City of Fontana
_____________________________________
Mayor of the City of Fontana
ATTEST:
_____________________________________
City Clerk
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
LF
S.D.
07-27-2021

NORTH FONTANA INVESTMENT COMPANY, LLC DUNCAN CANYON ROAD - THE GARDEN TM 20362
NA
2,472
20,603
2 92,482
3,632
626
2 53
12 104
DRAINAGE DITCH 2,580 0.50 1,290
536,378.80
364
46,968
103,015
2,120
3,000
5,000
46,241
326,880
500.80
1,000
951-279-1800

K&A ENGINEERING

APPROVED
Engineering By:rgaray
08/13/2021 118
1,000.00
CONC. COLLAR
RIPRAP 49 CY 40.00 1,960
CHAIN LINK FENCE 6,375 10.00

DRAINAGE STRUCTURES
6" CONC. EMERGENCY SPILLWAY S . F . 8. 50

CHAINLINK FENCE
S . F . 3.00
L . F . 10. 00
CONC. COLLAR 1, 000 . 00
CMB (CRUSHED MISC. BASE)
240
25 107
695
4,466
70,400
1 1
1 1
3 3
2 3
3 2
18" HDPE 365 22.50
24" HDPE
78" CMP
355
210

25.00 320
21,600
2,750
34,240
236,300
37,961
211,200
4,000
4,500
6,000
11,000
63,750
9,600
3,000
5,600
7,500
3,750
4,200
8,212.5
8,875
67,200
753,198.50
-
119
LF
7,141

PVMT MARKINGS
SANDBLAST EX. STRIPE
18 615

75.00 .25
16 1,200
153.75
27,305
327,660
4,500
17,138.40
22,992.15
327,660
120
536,378,80
753,198.50
-22,992.15
327,660
1,200
10 50,000
-592,000.91
1,312,569.45
1,691,429.45
2,283,429.76

APPROVED
Engineering By:rgaray
08/13/2021 121
TONS
07-27-2021

NORTH FONTANA INVESTMENT COMPANY, LLC SIERRA AVE - THE GARDENS TM 20362
NA
2,396
1,480
16,900
3 127,790
5,019
20,797
7 105
5 24,257
3,461
6" THICK PCC BUS BAY
TEMP. 4" AC
1,335
204
10 55.00
13,350
11,220
748,689.70
12,113.50
45,524
16,280
85,500
16,009.62
4,200
1,250
7,500
63,895
451,710
16,637.60
3,500
951-279-1800

K&A ENGINEERING

APPROVED
Engineering By:rgaray
08/13/2021 122
4" - 6" PVC REDUCER E.A. 10.00
6" PVC SD L.F. 10.00
MAXWELLS W/ PS CHAMBER E.A. 30,000.00
105
515
65 70
570
100
8 545
2 20
3 1
1 9
7 2
CONC. COLLAR 1 1,000.00

BRICK & MORTAR PLUG
8'x4' RCB
6 25
1,000.00
360
9,450
56,650
13,000
15,400
136,800
28,000
2,400
174,400
20 200
90,000
6,000
11,000
28,800
17,500
2,500
1,000
6,000
9,000
608,120
-
123
17,720

PVMT MARKINGS

REMOVAL OF S&S
21 1

75.00 1,000
19 1,425
1,000
22,162
265,944
5,250
42,528
50,203
265,944
124
748,689.70
608,120
-50,203
265,944
- 12 60,000
-606,534.95
1,407,013
1,732,957
2,339,491.95

APPROVED
Engineering By:rgaray
08/13/2021 125
(PER ELPC21-000013)
07-23-2021

NORTH FONTANA INVESTMENT COMPANY, LLC CYPRESS AVE
TM 20362
NA
1,934
1,538
17,649
3 76,495
3,004
21,703
10 125
14 2,830
10 2,005
498,464.20
700
7,017.50
36,746
16,918
88,245
1,867.80
5,000
3,500
7,500
38,247.50
270,360
17,362.40
5,000
951-279-1800

K&A ENGINEERING

APPROVED
Engineering By:rgaray
08/13/2021 126
24" HDPE 25. 00
36" HDPE 30. 00
36" INLET STRUCTURE
(PER ELPC21-000013)
135
160
540
350
575
50 25
80 1
2 7
3 3
3 CONC. COLLAR 4 1,000.00

BRICK & MORTAR PLUG

BIFURCATION STRUCTURE
4 1
1,000.00
2,800.00
12,150
17,600
118,800
84,000
149,500
15,000
625
2,400
6,000
22,000
22,400
7,500
3,750
6,300
4,000
4,000
2,800
478,825
1 1
2 65
1 4,500
4,000
4,500
1,200
135
15" VCP Plug 1 100
9,450
6,500
100
30,250
127
(PER ELPC21-000013)
1 11,075

PVMT MARKINGS

REMOVAL OF S&S
22 1

75.00 1,000
22 1,650
1,000
23,681
284,172
5,500
26,580
250,000
284,730
284,172
128
498,464.20
478,825.00
30,250.00
284,730.00
284,172
1,200
4 20,000
NA
559,174.42
1,292,269.20
1,597,641.20
2,156,815.62

APPROVED
Engineering By:rgaray
08/13/2021 129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
TRACT MAP NO. 20362

CITY OF FONTANA, CALIFORNIA
City of Fontana
Department of Engineering, Land Development Section
Regular City Council Meeting
178
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0501 Agenda Date: 9/23/2025
Agenda #: G. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Final Acceptance of the Fontana Lewis Library & Technology Center Entry Precast Stair Replacement Project (PW-24-227-SB).

RECOMMENDATION:

Accept as complete the work performed by Ace Capital Engineering for the replacement of the precast entry steps at the Fontana Lewis Library.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

On September 10, 2024, the City Council awarded a construction contract to Ace Capital Engineering for the Fontana Lewis Library & Technology Center Entry Precast Stair Replacement Project (PW-24- 227-SB) in the amount of $123,158.20. There was one (1) contract change order during the project in the amount of $9,098.07 to address additional work required on the step foundation. The modifications were necessary to ensure consistency and proper alignment prior to the installation of the pre-cast steps. Ace Capital Engineering completed the project on August 29, 2025. All work has been completed to the satisfaction of the City for a final amount of $132,256.27.

The retention money will be released to the contractor thirty-five (35) days after the filing of the Notice of Completion with the County Recorder’s Office if no claims are filed with the City within this period.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item, the total cost of the precast stair replacement, however, was $132,256.27 and the funds were budgeted in the in the FY 2024/25 budget, in the Lewis Library Step Project No. 37300004-103-A-8329.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0502 Agenda Date: 9/23/2025
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Public Highway At-Grade Crossing Agreement with Union Pacific Railroad Company for the Etiwanda Avenue at Slover Avenue Intersection Widening Project RECOMMENDATION:

1. Approve and authorize the City Manager to enter into the Public Highway At-Grade Crossing Agreement with Union Pacific Railroad Company for the Etiwanda Avenue at Slover Avenue Intersection Widening Project.

2. Authorize the City Manager to enter into any future individual amendments of $100,000 to the Public Highway At-Grade Crossing Agreement for the Etiwanda Avenue at Slover Avenue Intersection Widening 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 focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

The Etiwanda Avenue at Slover Avenue Intersection Widening Project consists of the reconstruction and widening of Slover Avenue, east of Etiwanda Avenue within the existing Union Pacific Railroad (UPRR) right-of-way and existing at grade track crossing. The project improvements include the installation of a sidewalk and raised median island along Slover Avenue and gate installations where none currently exist at the rail crossing.

The agreement defines the roles and responsibilities of both the City of Fontana and UPRR for the construction and ongoing maintenance of the crossing. The City will be responsible for the roadway improvements while the UPRR will conduct all improvements within the rail right-of-way, including the installation of the gates, controls, and systems.

The agreement includes the cost of constructing the improvements and ongoing annual maintenance costs for the crossing once completed. The City will have one year from the effective date of the City of Fontana Page 1 of 2 Printed on 9/18/2025
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File #: 25-0502 Agenda Date: 9/23/2025
Agenda #: H. Category: Consent Calendar
agreement to begin construction within the railroad right-of-way.

The project is scheduled to go out to bid by early 2026, with construction commencing by Summer 2026.

FISCAL IMPACT:

The fiscal impact associated with the approval of this agreement is $1,152,707.00 and is included in the FY 2025-2026 Capital Improvement Program Budget in Project 37603350-245-A-8329 and 37603350-630-A-8329, funded by both Measure I Arterial Fund 245 and the matching Circulation Mitigation Fund 630. Annual maintenance fees of $20,136.00 will be included in future budgets within the Public Works Utilities and Streets Division’s Operating Budget.

MOTION:

Approve staff recommendation.

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1 UP Real Estate Project No.: 0750138

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Slover Avenue
DOT 746968S
MP 527.66 – Alhambra Subdivision
Fontana, San Bernardino County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF FONTANA, a municipal corporation or political subdivision of the State of California to be addressed at 8353 Sierra Avenue, Fontana, California 92335 ("Political Body").

RECITALS:

Presently, the Political Body utilizes the Railroad’s property for the existing at grade public road crossing over Slover Avenue, DOT Number 746968S at Railroad’s Milepost 527.66 on Railroad’s Alhambra Subdivision at or near Fontana, San Bernardino County, California.

The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the existing at grade public road crossing for the installation of gates. The road crossing, as reconstructed and widened is hereinafter the “Roadway.”
The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway.

Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad’s location print marked Exhibit A attached hereto and hereby made a part hereof (the “Crossing Area”).

The Railroad and the Political Body are entering into this Agreement to cover the above.
182
2 AGREEMENT:

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

Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of Ninety-Seven Thousand Dollars ($97,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.

Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property.

Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the 183
3 insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

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

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0750138
D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated August 13, 2024, and February 24, 2025, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million Fifty-Five Thousand Seven-Hundred Seven Dollars ($1,055,707.00).

B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimates.
184
4 C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body.

E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.

Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes 185
5 no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.

Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Roadway, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in 186
6 connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 11. CONDITIONS TO BE MET BEFORE

POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:
(i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.

Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political 187
7 Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Project, the original agreement either governing currently, or any agreement to be found in the future at the existing at-grade crossing shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 16. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), whichever occurs first, the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Fifteen Thousand Three Hundred Four Dollars ($15,304.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway.

The annual signal maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.
188
8 Section 17. ANNUAL SURFACE MAINTENANCE
A. The Railroad shall maintain the crossing surface between the track tie ends at Political Body’s expense. Effective as of three years from effective date of this Agreement, Political Body agrees to pay to Railroad the sum of Four Thousand Eight Hundred Thirty-Two Dollars ($4,832.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the surface between track tie ends located within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C.

B. The above annual surface maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual surface maintenance fee was last determined or established. Any such changes in the annual surface maintenance fee may be made by means of automatic adjustment in billing.
189
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________

CITY OF FONTANA
By: ________________________________
Printed Name: ________________________
Title: ________________________________
190

EXHIBIT A
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals) 191
192
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHIBIT B
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.

The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.

E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. 193
2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF ROADWAY
A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.

D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the 194
3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense.

B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.

SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. SAFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 195
4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for 196
5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.

The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
197
6 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.

G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.

I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.

The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. 198
7 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. 199
8 SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.

SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.

B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.

C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.
200
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT C
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates. 201
Material And Force Account Estimate
City of Fontana
Estimate Creation Date: 08/13/2024 Number: 150058 Version: 1 Estimate Good Until 08/13/25
Location: ALHAMBRA SUB, SIMN, 521.19-529.25
Buy America: Yes
Description of Work: Alhambra Sub MP 527.66 Fontana, CA Slover Ave DOT#746968S WO#73162 PID#131814 100% Recollectable
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Xing - 1 Trk Ring-10 w/Gates 1 EA 126,839.00 43,600 83,239 126,839 Xing - Boring 1 LS 10,000.00 0 10,000 10,000
Xing - IJ 4 PR 23,186.00 75,560 17,184 92,744
Flaggers Xing - Misc. 1 LS 12,000.00 0 12,000 12,000
Xing - Relay Track Circuit 2 EA 6,100.00 9,600 2,600 12,200 Xing - Switch Insulation Package 1 EA 6,658.00 3,520 3,138 6,658 10% Labor Contingency Xing - Misc. 1 LS 47,014.00 47,014 0 47,014 Xing - Engineering Design 1 LS 10,671.00 10,671 0 10,671 Xing - Boring 1 LS 18,000.00 0 18,000 18,000
Xing - Contract Services for
Preempt Cutover
1 LS 20,000.00 0 20,000 20,000
Xing - Fill/Rock/Gravel 1 LS 3,800.00 0 3,800 3,800
FED W/ Indr & Ovrhd 228.88% Xing - Labor Additive 1 LS 327,189.00 327,189 0 327,189 Xing - Meter Service 1 LS 26,000.00 0 26,000 26,000
Sub-Total = 517,154 195,961 713,115
Totals = 517,154 195,961 713,115
Grand Total = $713,115
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, City of Fontana will pay actual construction costs at the current rates effective thereof. ____________________________________________________________________________________________________________________________________ Tuesday, August 13, 2024 Page 1 of 1
202
Material And Force Account Estimate
Fontana
Estimate Number: 153378 Version: 1
Standard Rates: Labor Additive = 283.35%
Estimate Good Until 02/24/26
Location: ALHAMBRA SUB, SIMN, 521.19-527.27
Description of Work: Fontana CA, Slover Ave, MP 527.64 Alhambra Subdivision, DOT 746986S Prepared For: Fonta
Buy America: No
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100

ENGINEERING
Engineering 1 LS 56,872.00 56,872 0 56,872 0 56,872
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 3,002.00 0 3,002 3,002 0 3,002 Sub-Total = 56,872 4,802 61,674 0 61,674

TRACK CONSTRUCTION - COMPANY
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 128 TF 1,139.69 83,132 62,748 145,880 0 145,880 TRACK 136# CWRIS0 24-8'6" PPHWD N 16 TP 32 TF 2,126.38 60,421 7,623 68,044 0 68,044 COMPJT Transition Rail - 136# 2 PR 8,875.80 9,835 7,917 17,752 0 17,752 Sub-Total = 164,838 78,288 243,125 0 243,125

TRACK REMOVAL - COMPANY
RDXING Remove road crossing - concrete 70 TF 121.80 8,526 0 8,526 0 8,526 TRACK Remove Track 90 TF 47.40 4,266 0 4,266 0 4,266
Sub-Total = 12,792 0 12,792 0 12,792

EQUIPMENT RENTAL
Equipment Rental 1 LS 25,000.00 0 25,000 25,000 0 25,000 Sub-Total = 0 25,000 25,000 0 25,000
Total Wgt. in Tons = 776 Totals = 234,502 108,090 342,592 0 342,592 Grand Total = $342,592
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Fonta will pay actual construction costs at the current rates effective thereof.
____________________________________________________________________________________________________________________________________________________________________________ Monday, February 24, 2025 Page 1 of 1
203
1 Contractor's Right of Entry Public Project No. 0750138 Projects Form Approved 02/09/2022

EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").

RECITALS:
corporation
Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall includeContractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.

The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.
204
2 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES.

A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"):

MTM:______________________
___________________________
___________________________
___________________________
PM:________________________
___________________________
___________________________
___________________________
C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.

ARTICLE 6 - TERM; TERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.

B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 205
3 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company
[Insert mailing address]
Attn:

Project No. 0750138
ARTICLE 8 - PRECONSTRUCTION MEETING.

If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific’s Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad'sproperty.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.
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4 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY
By:

Title:
(Name of Contractor)
By:

Name:

Title:

Phone:

E-Mail:
207

EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site. 208
209
1 EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 210
2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.

An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.

Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twentyfive (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 211
3 Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.

B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR

SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,

LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,

COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY

INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY

TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD

FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF

SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING

RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces.

As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 212
4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf
B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Property Access Training” and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually.

C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.

E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.

Section 8. INDEMNITY.

A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,

CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,

CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,

CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT

OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY

ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.

B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON

OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY

NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS

CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.

C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. 213
5 CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.

D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY

WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY

TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. INNO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO

LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.

Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.
214
1 EXHIBIT C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 215
2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or nonhazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements
G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD

COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.
216
3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 217
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT E
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit E (if applicable) will be the annual signal maintenance fee 218
FOR PID # 131814
STREET Slover Ave
TOWN Fontana CA
MILEPOST 527.66
SUBDIVISION Alhambra
AAR/DOT NO. 746968S
WORK ORDER# 73162

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 6
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 8
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 2
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 32
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 0 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 2
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 3 3
TOTAL UNIT COUNT 55
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $15,304
*UP supplied Unit Value
August 14, 2024
0 2

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
3 0
4 0
1 0
1 0
4 0
0 0
0 219
N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

ETIWANDA AVENUE AT SLOVER AVENUE/AIRPORT DRIVE

UPRR AT-GRADE CROSSING

INTERSECTION WIDENING PROJECT
220
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0507 Agenda Date: 9/23/2025
Agenda #: I. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Contract for the Demolition of 16756 and 16766 Arrow Blvd.

RECOMMENDATION:

Award bid (PW-26-14-CC) and Authorize the City Manager to execute a contract with Demo Leaders Inc. in the amount of $195,800 for the Demolition of 16756 and 16766 Arrow Blvd and authorize a 10% contingency in the amount of $19,580.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The buildings located at 16756 and 16766 Arrow Blvd were acquired by the City of Fontana in 2024.

As part of the ongoing revitalization efforts for downtown Fontana, the structures will be demolished.

The bidding process for 16756 and 16766 Arrow Blvd bid (PW-26-14-CC) was conducted by city staff in August of 2025. Two hundred eight (208) bidders were notified of the bid. Bid packets were downloaded by thirty-five (35) vendors. Seven (7) Fontana vendors were notified. No Fontana vendor responses were received. The bid closed on August 21, 2025, and the City received a total of seven (7) bids.

After reviewing each individual company that provided a bid for the project, the Purchasing Office has recommended that the contract be awarded to Demo Leaders Inc. of Woodland Hills, CA. Demo Leaders Inc. submitted all the necessary documents and therefore is the most responsible and responsive bidder.

FISCAL IMPACT:

The total fiscal impact associated with the approval of this item is $215,380. Funds associated with this project are included in Fiscal Year 2025/2026 specifically in 60230000-8310.

MOTION:

Approve staff recommendation
City of Fontana Page 1 of 1 Printed on 9/18/2025
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Bid Results
Demolition Commercial Buildings
16756 & 16766 Arrow Blvd
PW-26-14-CC
Demo Leaders Inc. $195,800.00
Woodland Hills, CA
Interior Demolition, Inc. $208,168.00
Newhall, CA
Unlimited Environmental, Inc. $225,700.00
Santa Fe Springs, CA
Sun Environmental Engineering Svcs, Inc. $245,000.00
Torrance, CA
Integrated Demolition & Remediation $249,500.00
Anaheim, CA
Precision Environmental $253,000.00
Ventura, CA
American Wrecking, Inc. $276,600.00
South El Monte, CA
222

DEMOLITION
16756 & 16766 ARROW BOULEVARD
223
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
224
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
225
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
226
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
227
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
228
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
229
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
230
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
231
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
232
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
233
City of Fontana
Demolition and Remediation of Commercial Buildings 16756 and 16766 Arrow Boulevard (PW-26-14-CC), bidding on 08/21/2025 2:00 PM (PDT)

Printed 09/16/2025
PlanetBids
234
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0508 Agenda Date: 9/23/2025
Agenda #: J. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for July 2025.

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 July 2025 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 9/18/2025
powered by Legistar™235

POLICE DEPARTMENT

MONTHLY REPORT
July 2025
236

NOTEWORTHY EVENTS
• Lieutenant Slusser hosted an Area 1 Commander Meeting at Jessie Turner Center. • Lieutenant Kraut hosted an Area 2 Commander Meeting at Kathy Binks Elementary School. • Special Operations seized over 90 kilos of cocaine and over 100 illegally possessed firearms. • ICAC arrested several people for downloading and distributing child pornography. • Fontana Police Department hosted a week-long Basic Explorer Academy at Fontana High School.
• Fontana Police also hosted a 3-day Explorer Leadership Academy. • Chief Dorsey hosted a Faith Based Community Meeting.

KA1
237
Slide 2
KA1 Kevin Anderson, 2/9/2021
238
239

CITYWIDE
• Priority 1 response time- 4:17 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 10,359
• Total arrests- 637
• Hispanic- 458, White- 82 , Black- 82, All other races-15 • Total Group A Offenses- 708
• Crimes Against Persons- 161
• Crimes Against Property- 336
• Crimes Against Society- 211
240
CITYWIDE • Crimes Against Person- 161
• Homicide- 2
• Sex Offenses- 4
• Assault- 138
• Kidnapping- 5
• Other- 12
• Crimes Against Property- 336
• Robbery- 6
• Burglary- 32
• Larceny- 146
• Destruction of Property- 44
• Fraud- 26
• Possession of Stolen Property- 31
• Motor Vehicle Theft- 39
• Other Miscellaneous Property Crimes- 12
• Crimes Against Society- 211
• Drug and Paraphernalia Possession- 177
• Possession of Child Pornography- 15
• Possession of Weapons- 18
• Other Miscellaneous Crimes- 1
241

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
242
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 72
• Crimes Against Persons- 12
• Crimes Against Property- 47
• Crimes Against Society- 13
243
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 177
• Crimes Against Persons- 50
• Crimes Against Property- 91
• Crimes Against Society- 36
244
BEAT 3

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 314
• Crimes Against Persons- 79
• Crimes Against Property- 100
• Crimes Against Society- 105
245
Beat 4

AREA COMMANDER IS LIEUTENANT KEITH ZAGORIN
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 145
• Crimes Against Persons- 20
• Crimes Against Property- 98
• Crimes Against Society- 27
246

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] 247
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0518 Agenda Date: 9/23/2025
Agenda #: K. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Final Acceptance for the Emergency Repair Storm Structure at Valley Poplar Culvert (PW-26-13-CC).

RECOMMENDATION:

Accept as complete the work performed by Gentry General Engineering for the Emergency Repair Storm Structure @ Valley Poplar Culvert project
(PW-25-64-CC) and approve the final contract amount of $ 114,812.72.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

On August 11, the City awarded a contract in the amount of $74,290.59 to Gentry General Engineering for the Emergency Repair of the Storm Structure at Valley and Poplar.

As part of the City’s ongoing efforts to identify, repair, and maintain storm drain infrastructure, this storm structure failure was discovered during the CCTV (Closed Circuit Television) assessments currently being conducted citywide. Upon discovery, the Public Works Utilities Division deemed the repair an emergency and proceeded to obtain quotes immediately to expedite the work. Due to the critical nature of the situation, the City requested immediate mobilization and commencement of construction once contracts were signed.

Following the initial assessment, it was determined that approximately 55 feet of the storm structure had failed and required reconstruction. However, once the roadway was opened, unforeseen conditions revealed that an additional 30 feet of the structure had also failed, which was not visible during the earlier assessment. This additional work required a contract change order in the amount of $40,522.13, bringing the total contract to $114,812.72.

Gentry General Engineering has completed all work to the satisfaction of the City. Timely completion and coordination were essential to minimize disruptions and restoring proper drainage and roadway function.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item, the total cost of the project is $114,812.72 and the funds were budgeted in FY 2025/26 in the Streets and Utilities Storm drain budget 28237101- 8130 $40,522.13, and project budget 37100002-601-A-8130 $74,290.59 City of Fontana Page 1 of 2 Printed on 9/18/2025
powered by Legistar™248
File #: 25-0518 Agenda Date: 9/23/2025
Agenda #: K. Category: Consent Calendar
MOTION:

Approve Staff Recommendation
City of Fontana Page 2 of 2 Printed on 9/18/2025
powered by Legistar™249

  



 


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256
To: City Of Fontana Contact:

Valley and Poplar 30' Extension
Poplar and Valley, Fontana, CA
Project Name:

Address: 16489 Orange Way
Fontana, CA
Phone:

Project Location:

Bid Number: 09-08-25 Fontana
Bid Date: 09/08/2025
Item # Item Description Estimated Quantity Unit Unit Price Total Price Notes:
• Pricing assumes performance of work while mobilized for the existing 55' work order, with simultaneous paving of both sections. • AC to be C2 PG 70-10 or 64-10. ARHM is not included and will incur additional cost if required. • PCC to be 560-C-3250.
• Epoxy or other coating for structural rebar is not included. • Replacement of traffic loops is not noted on the provided plans and is not included in this proposal. • Pricing will remain valid if accepted within 30 calendar days. • Payment to be received within 30 calendar days of billing date. • Billing retention not to exceed 5%.
• Pricing includes the California DIR prevailing wage rates in effect at the project advertisement date. If different wage rates are required, additional costs may be incurred.
• Pricing assumes construction water provided on-site by project and/or property owner. • Inspection fees are not included.
• Permit fees are not included.
• Differing site conditions and unforeseen utilities/improvements not identified in the bid documents are not included and may incur additional cost if encountered.
• Pricing assumes uninterrupted and unimpeded access to the work site during all working hours. Limited access may incur additional cost. • Working hours to be at least 8.5 consecutive hours per weekday. • Traffic control is included only for the scope of work covered by this proposal. • Traffic control to be per MUTCD standards. Engineered traffic control plans are not included. • Material and compaction testing are not included.
• Dewatering of any kind is not included unless otherwise specified in bid documents. • Field engineering, surveying and staking are not included. • We reserve the right to modify our pricing in response to any design, engineering, specification, or other changes made to the project after issuance of this proposal.
• Handling and/or disposal of hazardous materials is not included. • Anything not included in the bid documents is excluded from this proposal. • Anything not specifically included in this proposal is excluded.

Kyle Scribner
(909) 350-6530
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Gentry General Engineering, Inc
Authorized Signature:

Estimator: Dean Bates
(909) 330-1128 [email protected]
1 Construct 30' Long, 2'x1.5' Reinforced Concrete Box 1.00 LS $40,522.13 $40,522.13 Storm Drain Per Caltrans Standard D80, With 7' Wide
Pavement Replacement
257
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0538 Agenda Date: 9/23/2025
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Bid for the Old Timers Renovation Project (DE-26-06-SB).

RECOMMENDATION:

1. Award bid and authorize the City Manager to enter into a construction contract with Estate Design and Construction for the construction of the Old Timers Renovation Project in the amount of $528,900.00 and authorize a 10% contingency amount of $52,890.00 (DE-26-06-SB).

2. Authorize the City Manager to enter into any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Old Timers Renovation Project (DE-26-06-SB).

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · Practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The Old Timers Renovation Project will result in the renovation of the existing building space, previously used for storage and as a low service meeting hall, into a modern restaurant space, including the additional of updated plumbing, electrical, HVAC and elevator to support the addition of a partial second floor. The contract noted above will complete Phase 1 of a 3-phase renovation. The proposed improvements will provide an opportunity for a restaurant operator to open for a moderate additional expense in advance of market demand, aiding in the process of expediating a marketbased revitalization of downtown.

On September 2, 2025, at 9:00am, the bids for this contract were opened. A total of seven (7) bids were received ranging from $528,900.00 to $1,750,000.00. Estate Design and Construction is the lowest bidder in the amount of $528,900.00. The architect’s estimate was $554,744.00. After reviewing the bid responses, Purchasing and Public Works staff have determined Estate Design and Construction to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $581,790.00 for the full term of the construction contract and is not included in the 2025-26 adopted budget. The necessary budget adjustments will be included in the next Quarterly Budget Adjustment in project string 37600080-601- City of Fontana Page 1 of 2 Printed on 9/18/2025
powered by Legistar™258
File #: 25-0538 Agenda Date: 9/23/2025
Agenda #: L. Category: Consent Calendar
A-8329, Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 9/18/2025
powered by Legistar™259
Bid Results
Old Timers Renovation Project
DE-26-06-SB
Estate Design and Construction $528,900.00
Culver City, CA
RS Construction & Development $595,750.00
Ontario, CA
First Trade $745,098.56
Irivne, CA
Armstrong Cal Builders, Inc. $896,000.00
Stanton, CA
PUB Construction, Inc. $903,998.18
Diamond Bar, CA
All-American Construction Solutions $934,281.68
Chino, CA
Dalke and Sons Construction, Inc. $1,750,000.00
Riverside, CA
260
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
261
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
262
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
263
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
264
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
265
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
266
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
267
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
268
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)

Printed 09/17/2025
PlanetBids
269
City of Fontana
Old Timers Renovation Project (DE-26-06-SB), bidding on 09/02/2025 9:00 AM (PDT)