Agenda packet — Fontana City Council, May 12, 2026 (part 1 of 5)

Tuesday, May 12, 2026
2:00 PM
City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1988 Reso. No. 2026-030
Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
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 May 12, 2026
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Steelworker's Auditorium 8437 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 Steelworker's Auditorium 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.

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 Steelworker's Auditorium. All bags are subject to search. Face masks are prohibited in the Steelworker's Auditorium, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Steelworker's Auditorium, 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.

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. 1:30 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a) Name of case: Inland Coalition for
Immigrant Justice v. City of Fontana.
26-0998
CALL TO ORDER/ROLL CALL:

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

INVOCATION/PLEDGE OF ALLEGIANCE:

Page 1 of 11 ends

2 City Council Meeting Regular Agenda May 12, 2026
A. Invocation/Pledge of Allegiance:

CEREMONIAL ITEMS/PRESENTATIONS:

A. Ceremonial Items/Presentations
A. Mayor Warren and City Council to proclaim May as Building & Safety Month.
26-0999
B. Mayor Warren and City Council to proclaim May 3- May 9, as the 57th Annual Professional Municipal Clerks Week.
26-1000
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 26-0990
Approve the minutes of April 28, 2026, Regular City Council Meeting.

Attachment No. 1- City Council Meeting Minutes
04-28-2026.pdf
Attachments:

B. Approve Final Change Order with Gentry General
Engineering, Inc. and Final Acceptance for the Emergency Storm Drain Repair Work along Valley Boulevard Project
26-0828

1. Authorize the City Manager to approve a change order with Gentry General Engineering, Inc. in the amount of $40,812.35, resulting in an increase of $14,965.35 for a total contract amount of $299,284.35.

2. Accept as complete the work performed by Gentry General Engineering for the Emergency Storm Drain Repair Work along Valley Boulevard.

Page 2 of 11 ends

3 City Council Meeting Regular Agenda May 12, 2026
Attachment No. 1- CCO 1 Gentry General Engineering
Inc.pdf
Attachments:

C. Out-Of-Area Sewer Service Agreement (ANX No. 23-0002) between the City of Fontana and Milagros Perez for sewer service to be provided by the City of Fontana to 9629 Alder Avenue (APN: 0249-091-08), pursuant to a Statutory
Exemption in accordance with CEQA Guidelines Section
No 15268(b)(4).
26-0946

1. Find that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section No. 15268(b)(4) (Ministerial Project, Utility Connection) and direct staff to file a Notice of Exemption; and,

2. Approve and authorize the City Manager to execute an Out-Of-Area Sewer Service Agreement (ANX No. 23-0002) with Milagros Perez for the provision of sewer service to an existing single-family residence located at 9629 Alder Avenue.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Out-of-Area Sewer Service Agreement
Attachment No. 3 - Notice of Exemption
Attachments:

D. Approve Amendment No. 1 to Task Order No. 26 with TKE Engineering, Inc. for the Etiwanda-Slover Intersection
Improvement Project
26-0960

1. Approve and authorize the City Manager to enter into Amendment No. 1 to Task Order No. 26 with TKE Engineering, Inc. for the Etiwanda-Slover Intersection Improvement Project (SQ-87-DE-19) in the amount of $531,991.00 for a total task order amount of $576,991.00.

2. Authorize the City Manager to enter into any future amendments to the Task Order not exceeding $60,000.

Attachment No. 1- Construction Management Proposal
3-25-26 Revised 4-13-26 FInal.pdf
Attachment No. 2- Vicinity Map
Attachments:

E. Award a Professional Services Agreement for Design
Services with AC Martin for the Children’s STEAM Center at Lewis Library Project (DE-26-101-SP)
26-0962

1. Award and authorize the City Manager to enter into a Professional Services Agreement with AC Martin for the Children’s STEAM Center at Lewis Library Project in the amount of $864,451.00 (Request for Proposals DE-26-101-SP).

Page 3 of 11 ends

4 City Council Meeting Regular Agenda May 12, 2026

2. Authorize the City Manager to execute any future amendments to the Professional Services Agreement not exceeding $87,000.

Attachment No. 1 - [Draft] Professional Services Agreement (Design; DE-26-101-SP).pdf
Attachment No. 2 - Proposal Rankings
Attachment No. 3 - Vicinity Map
Attachments:

F. Award a Construction Contract for the Transportation Development Act (TDA) Catawba Avenue Safe Routes to
School Project (Bid No. DE-26-73-SB)
26-0963

1. Award bid and authorize the City Manager to enter into a construction contract with Kalban, Inc. for the construction of the Transportation Development Act (TDA) Catawba Avenue Safe Routes to School Project, in the amount of $783,471.00 and authorize a 10% contingency in the amount of $78,347.10 (Bid No. DE-26-73-SB).

2. Approve and 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 Transportation Development Act (TDA) Catawba Avenue Safe Routes to School Project (Bid No. DE-26-73-SB).

Attachment No. 1- Bid Results
Attachment No. 2- Bid Summary
Attachment No. 3- Vicinity Map
Attachments:

G. Third Amendment to the Disposition and Development
Agreement between the City of Fontana, Fontana Housing
Authority and Fontana Courtplace I Housing Partners, L.P. 26-0965
Acting as the City Council and the Housing Authority Board of Directors, jointly adopt Resolution No. 2026-030 and Resolution No. HA 2026-002 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 THIRD AMENDMENT TO THE

DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE

FONTANA HOUSING AUTHORITY, CITY OF FONTANA AND FONTANA
COURTPLACE I HOUSING PARTNERS, L.P.; AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.

Page 4 of 11 ends

5 City Council Meeting Regular Agenda May 12, 2026
Attachment No. 1- Joint Resolution Approving Third
Amendment to Courtplace DDA-c1-c1.docx
Attachment No. 2 - Exhibit A Third Amendment to
Courtplace DDA_BBK Clean-c1.docx
Attachment No. 3 - 3rd Amd Updated Exhibit D - Preliminary Project Budget-c1.pdf
Attachments:

H. Approve an Agreement with The River ’s Edge Ranch for Opioid Support and Response Services
26-0966

1. Award and authorize the City Manager to enter into an agreement with The River’s Edge Ranch to provide Opioid Support and Response Services for one year in the amount of $310,104 (Bid No HD-26-159-SP) for the first year.

2. Approve and authorize the City Manager to enter into four (4) future one-year optional extensions to the agreement with The River’s Edge Ranch for Opioid Support and Response Services not to exceed $2,000,000.

Attachment No. 1- City of Fontana Professional Services Agreement Opioid RER.docx
Attachments:

I. Approve a Task Order with LAE Associates, Inc. for the Building a Better Connected Inland Empire Project
(Westgate at Cherry and Victoria Avenues)
26-0970

1. Award and authorize the City Manager to enter into a Task Order Agreement with LAE Associates, Inc. for the Construction Management and Inspection Services of the Building a Better Connected Inland Empire Project (Westgate at Cherry and Victoria Avenues) (DE-24-195-SQ-12) in the amount of $949,235.00.

2. Authorize the City Manager to enter into any future amendments to the Task Orders for a total not to exceed $100,000.

Attachment 1-Vicinity Map
Attachment 2-Ranking Results
Attachment 3-LAE Technical Proposal
Attachments:

J. Award a Professional Services Agreement for Construction Management Services with Griffin Structures for the City Hall Renovation Project - Phase II (SQ-43-DE-23-1)
26-0971

1. Award and authorize the City Manager, or City Manager’s designee, to enter into the Professional Services Agreement with Griffin Structures for the City Hall Renovation Project - Phase II in the amount of $1,465,000.00 (Request for Proposals SQ-43-DE-23-1).

2. Approve and authorize the City Manager, or City Manager’s designee, to

Page 5 of 11 ends

6 City Council Meeting Regular Agenda May 12, 2026
enter into future individual Professional Services Agreement Amendments not exceeding $100,000.00 for the City Hall Renovation Project - Phase II (Request for Proposals SQ-43-DE-23-1).

Attachment No. 1 - Vicinity Map.pdf
Attachment No. 2 - [DRAFT] PSA SQ-43-DE-23-1 (CHPHII;
CM Services; 2026-4-20).pdf
Attachments:

K. Approval of Final Map for Tract No. 18631 26-0972
Approve the Final Map for Tract No. 18631 located North of Foothill Boulevard along Oleander Ave and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

Attachment No. 1- TR 18631 FINAL MAP - UNSIGNED.pdf
Attachment No. 2- 18631 SUBDIVISION AGREEMENT AND
BOND.pdf
Attachments:

L. Adopt a Resolution of Intention to Vacate a Public
Right-Of-Way Easement on Highland Avenue and Oleander
Avenue, and Setting of Public Hearing Thereon
26-0977
Adopt Resolution No. 2026-031, Resolution of the City Council of the City of Fontana, California, declaring its intention to vacate a Public Right-of-Way Easement over Highland Avenue and Oleander Avenue pursuant to Streets and Highways Code Section 8300 ET SEQ, and directing the City Clerk to administratively set a Hearing date, time and place, and publish and post required notices.

Attachment No. 1- Resolution - Intent to Vacate Oleander & Highland - FinaL Clean.docx
Attachment No. 2- Exhibit A - Intent to Vacation - Final.pdf Attachment No. 3- Vicinity Map.pdf
Attachments:

M. Award Interim Housing Support Services Operator Contract 26-0978

1. Approve a proposal and authorize the City Manager to enter into an agreement with Helping Hearts of California, in the amount of $498,508.67 for Interim Housing Support Services Operator and Case Management Services at Path located at 17133 Valley Boulevard, Fontana, CA.

2. Approve and authorize the City Manager, or City Manager’s designee, to execute all future amendments to the agreement with Helping Hearts of California for Interim Housing Support Services Operator and Case Management Services.

Attachment 1 - Ranking.pdf
Attachment 2 - Helping Hearts_Professional Services
Agreement HD-26-160-SP.pdf
Attachments:

Page 6 of 11 ends

7 City Council Meeting Regular Agenda May 12, 2026
N. Approve Amendment No. 2 to Task Order No. 1
(DE-24-195-SQ) with Iteris for Traffic Plan Checking
Services
26-0981

1. Approve and authorize the City Manager to enter into Amendment No. 2 to Task Order No. 1 (DE-24-195-SQ) with Iteris for Traffic Plan Checking Services in the amount of $105,185.00, for a total task order amount of $195,185.00.

2. Approve and authorize the City Manager to enter into any future amendments to Task Order No. 2 in the amount not to exceed $10,000.00.

Attachment No. 1- Iteris Task Order Plan Checking
Amendment 04222026.pdf
Attachments:

O. Initiation and Intention to Levy Assessments for 2026-27 for Landscape and Lighting Maintenance Districts
26-0983

1. Adopt Resolution No. 2026-032 , of the City of Fontana, California, Initiating Proceedings to Levy and Collect Assessment Within Landscape Maintenance District No. 1 for 2026-27 and Ordering the Preparation of the Engineer’s Report Therefore.

2. Adopt Resolution No. 2026-033 , of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 1 ("LMD #1") for 2026-27 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.

3. Adopt Resolution No. 2026-034 , of the City of Fontana, California, Initiating Proceedings to Levy and Collect Assessment Within Landscape Maintenance District No. 2 for 2026-27 and Ordering the Preparation of the Engineer’s Report Therefore.

4. Adopt Resolution No. 2026-035 , of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 2 ("LMD # 2") for 2026-27 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.

5. Adopt Resolution No. 2026-036 , of the City of Fontana, California, Initiating Proceedings to Levy and Collect Assessment Within Landscape Maintenance District No. 3 for 2026-27 and Ordering the Preparation of the Engineer’s Report Therefore.

6. Adopt Resolution No. 2026-037 of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 3 ("LMD # 3") for 2026-27 and Giving Notice of

Page 7 of 11 ends

8 City Council Meeting Regular Agenda May 12, 2026
and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.

7. Adopt Resolution No. 2026-038 , of the City of Fontana, California, Initiating Proceedings to Levy and Collect Assessment Within Landscape Maintenance District No. 3-1 for 2026-27 and Ordering the Preparation of the Engineer’s Report Therefore.

9. Adopt Resolution No. 2026-040 , of the City of Fontana, California, Initiating Proceedings to Levy and Collect Assessment Within Local Lighting Maintenance District No. 3 for 2026-27 and Ordering the Preparation of the Engineer’s Report Therefore.

10. Adopt Resolution No. 2026-041 , of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Local Lighting Maintenance District No. 3 ("LLMD # 3") for 2026-27 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.

Page 8 of 11 ends

9 City Council Meeting Regular Agenda May 12, 2026
Attachment No. 1 - LMD 1 Resolution of Initiation
Attachment No. 2 - LMD 1 Resolution of Intent
Attachment No. 3 - LMD 1 Engineer's Report
Attachment No. 4 - LMD 1 Map
Attachment No. 5 - LMD 2 Resolution of Initiation
Attachment No. 6 - LMD 2 Resolution of Intent
Attachment No. 7 - LMD 2 Engineer's Report
Attachment No. 8 - LMD 2 Map
Attachment No. 9 - LMD 3 Resolution of Initiation
Attachment No. 10 - LMD 3 Resolution of Intent
Attachment No. 11 - LMD 3 Engineer's Report
Attachment No. 12 - LMD 3 Map
Attachment No. 13 - LMD 3-1 Resolution of Initiation
Attachment No. 14 - LMD 3-1 Resolution of Intent
Attachment No. 15 - LMD 3-1 Engineer's Report - Annex 1 Attachment No. 16 - LMD 3-1 Map
Attachment No. 17 - LLMD 3 Resolution of Initiation
Attachment No. 18 - LLMD 3 Resolution of Intent
Attachment No. 19 - LLMD 3 Engineer's Report
Attachment No. 20 - LLMD 3 Map
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
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. 2026 Action Plan; Substantial Amendments to 2025-2029 Consolidated Plan and 2025 Action Plan
26-0921

Page 9 of 11 ends

10 City Council Meeting Regular Agenda May 12, 2026

1. Adopt the 2026 Action Plan.

2. Adopt the Substantial Amendment to the 2025-2029 Consolidated Plan.

3. Adopt the Substantial Amendment to the 2025 Action Plan.

Attachment No. 1- Fontana FY26 AAP Rev 041026.docxAttachments:

B. Appeal No. 26-0001: Request to overturn the Planning Commission’s March 17, 2026 decision adopting a
Categorical Exemption per Section 15332 (Class No. 32)
and approving Tentative Parcel Map No. 18-000005 (TPM
No. 19950), and Design Review No. 18-000010 - a request to split one ( 1) parcel into two ( 2) and for site and
architectural approval for the development of two ( 2) new industrial commerce center buildings of 41,218 square feet and 30,767 square feet with associated site improvements on 3.98 acres located north of Hilton Drive and west of Hemlock Avenue, and identified as Assessor Parcel
Numbers 1110-151-03.
26-0932
Deny Appeal No. 26-0001, thereby upholding the Planning Commission’s decision on March 17, 2026, approving, pursuant to a categorical exemption under California Environmental Quality Act (CEQA) Section No. 15332 (Class No. 32. Infill Development), Tentative Parcel Map No. 18-000005 (TPM No. 19950) and Design Review No. 18-000010 to split one (1) parcel into two (2) and for site and architectural approval for the development of two (2) new industrial commerce center buildings of 41,218 square feet and 30,767 square feet, with associated site improvements, on 3.98 acres located north of Hilton Drive and west of Hemlock Avenue, and identified as Assessor Parcel Numbers 1110-151-03.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Appellant Letter
Attachment No. 3 - Response to Appellant Letter
Attachment No. 4 - Justification Memo with Appendices
Attachment No. 5 - PC Staff Report Package
Attachment No. 6 - PC Minutes of March 17 2026
Attachment No. 7 - Clerk of Board Fee Receipt and NOE
Attachment No. 8 - Public Hearing Notice
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

Page 10 of 11 ends

11 City Council Meeting Regular Agenda May 12, 2026
A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on May 26, 2026 at 2:00 p.m. in the Steelworkers' Auditorium located at 8437 Sierra Avenue, Fontana, California.

Page 11 of 11 ends

12 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0998 Agenda Date: 5/12/2026
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, May 12, 2026
1:00 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 5/5/2026Page 1 of 1
powered by Legistar™
13 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0999 Agenda Date: 5/12/2026
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, May 12, 2026
2:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 5/5/2026Page 1 of 1
powered by Legistar™
14 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1000 Agenda Date: 5/12/2026
Agenda #: B. Category: Special Presentation
Special Presentation
Tuesday, May 12, 2026
2:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 5/5/2026Page 1 of 1
powered by Legistar™
15 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0990 Agenda Date: 5/12/2026
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of April 28, 2026, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of April 28, 2026, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 1 of 1
powered by Legistar™
16

Page 1 of 12 ends

City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, April 28, 2026

2:00 PM

Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
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

Page 2 of 12 ends

WORKSHOP:

A. 12:30 P.M. City Council Workshop

A. E -Bike Discussion: Use, Safety & Regulation

The Workshop of the Fontana City Council convened on Tuesday, April 28, 2026, in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, CA 92335. Mayor Pro Tem Garcia called the Workshop to order at 12:31 p.m., with all Council Members present except Mayor Warren, who arrived at 12:39 p.m., and Council Member Sandoval.

City Clerk Germaine Key and City Treasurer Janet Koehler-Brooks were also not present.

No public communications were received.

Deputy City Manager Ray Ebert provided the staff report.

Council Member C othran noted that some manufacturers are marketing e- bikes as having lower speeds than they actually reach. He discussed the need for stronger education efforts and alignment with State enforcement initiatives. He added that a more in- depth analysis is required given the rapidly evolving laws and emphasized that enforcement should not divert public safety resources from higher-priority needs.

Mayor Pro Tem Garcia expressed support for enhanced education, a local ordinance, and measures to separate e- bike use from pedestrian areas, such as restricting e- bikes from sidewalks.

Mayor Warren referenced several e- bike complaints received and stated that education efforts will require coordination with school districts and charter schools. She emphasized the importance of parents understanding the risks associated with e- bike ownership and use. She asked whether e- bike insurance is required, to which Deputy City Manager Ebert responded that it is not. She also suggested exploring ways to protect City assets, such as parks, from potential damage.

It was the consensus of the Council to focus on education, limit e- bike use on sidewalks, identify appropriate areas such as parks for permitted use, and continue discussions with school districts regarding designated zones.

Police Chief Michael Dorsey stated that approximately 95% of complaints involve e-motorcycles rather than traditional e- bikes. He noted that the City has been working closely with school districts on both education and enforcement efforts.

City Manager Matt Ballantyne stated that an ordinance will be brought forward for Council consideration. Mayor Warren encouraged community input. Council Member Cothran asked Planning staff to consider designated bike lanes in new developments, particularly near new schools on the north side of the City.

Page 3 of 12 ends

The Workshop was adjourned at 1:04 p.m.

CLOSED SESSION:

A. 1:30 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held at the Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, April 28, 2026.

Mayor Warren called the meeting to order at 1: 04 p.m. with all members of the City Council present except Council Member Sandoval.

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

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) Name of case: A’Vay Lewis v. City of Fontana, et al., Case No. CIVSB2505558 (San Bernardino Superior Court).

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Lary Qirk Lewis v. City of Fontana, et al., Case No. CIVSB2516452 (San Bernardino Superior Court).

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 Steelworkers’ Auditorium , 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, April 28, 2026.

Mayor Warren called the Regular City Council Meeting to order at 2:04 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Council Members Cothran and Roberts.

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

ABSENT: Mayor Pro Tem Garcia and Council Member Sandoval

Mayor Pro Tem Garcia arrived at 2:38 p.m.

Page 4 of 12 ends

INVOCATION/PLEDGE OF ALLEGIANCE:

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

CLOSED SESSION ANNOUNCEMENT:

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

SPECIAL PRESENTATIONS/ CEREMONIAL ITEMS:

A. Mayor Warren and City Council to swear in new Fontana Firefighters

Mayor Warren and the City Council swore -in new Fontana Firefighters Isaac Hernandez , Joshua Senert, Scott Schneringer, Bernardo Valadez , Conner Gorrien, Justin Westerberg, Matthew Bolden, and Tyler Smith.

B. Mayor Warren and City Council to swear in new Fontana Police Officers Kenneth Gasaway, Mason Howard, Mireya Izazaga & Kevin Ojima

Mayor Warren and the City Council sw ore-in new Fontana Police Officers Kenneth Gasaway, Mason Howard, Mireya Izazaga, and Kevin Ojima.

C. Mayor Warren and City Council to recognize Officers Alex Chuy, Dustin Hodgins, Daniel Oliver & Hector Quinones as March 2026 Employees of the month

Mayor Warren and the City Council recognized Officers Alex Chuy, Dustin Hodgins, Daniel Oliver, and Hector Quinones as March 2026 Employees of the Month

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Grace expressed concerns about the proposed sewer rate increases and questioned the appropriateness of charging a $120,000 marketing contract to Fund 702. She requested clarification on the fund’s expenditures and asked for a full accounting before any rate adjustments proceed.

City Manager Ballantyne clarified that the $120,000 Stage Red contract was charged to Fund 720, not the Sewer Connection Fund (Fund 702), and confirmed that no sewer enterprise funds were used for that expenditure. He emphasized that all sewer fund charges must be sewer‑related and stated that this had been verified.

Page 5 of 12 ends

Cuevas, a Cal State San Bernardino Social Work student, described her group’s project focused on identifying neighborhood concerns and educating residents about using Fontana 311. She noted they will hold an informational session on May 20 at Redwood Elementary School.

John Pedroza called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police- involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Jess Arredondo, representing the Knights of Columbus, stated that the organization has long served the Fontana community and offered its support for future community needs. He reiterated that they are available to assist the City.

Georgia Stettner called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police- involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Isabel Rios called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police-involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Victor Rios called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police-involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

CONSENT CALENDAR:

Prior to the motion, Mayor Warren announced that she would recuse herself from Item Q due to owning property in the affected area.

ACTION: Motion was made by Council Member Roberts , seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 4 -0 to approve Consent Calendar Items “A-T.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval

A. Approval of Minutes 26-0951
Approve the minutes of April 14, 2026, Regular City Council Meeting.

B. Adoption of Ordinance No. 1985 (Second Reading), Amending 26-0947 Multiple Sections Of The Fontana Municipal Code Including Amendments To Sec. 30-12 Pertaining To The Definition Of Acute Care, Urgent Care And Business Park; Sec. 30-358
Pertaining To The Definition Of Frontage Coverage; Sec. 30-368 Pertaining To The Maximum Setback For Buildings In The Route 66 Gateway Subdistrict Of The Form-Based Code Zone; Sec. 30-386 Pertaining To The Minimum Glazing
Standard For The Shopfront Frontage Type In The Form-Based Code Zone; Sec. 30-389 Pertaining To Required Landscaping 21

Page 6 of 12 ends

In Parking Areas For Mixed-Use And Commercial
Developments In The Form-Based Code Zone; Sec. 30-489
Pertaining To The Urgent Care And Acute Care Land Uses In The Commercial Zones; Sec. 30-538 Pertaining To Required Screening Of Loading Areas In Industrial Zones..E
Conduct a second reading by title only and adopt, Ordinance No. 1985, Amending Multiple Sections Of The Fontana Municipal Code, Including Amendments To Sec. 30-12 Pertaining To The Definition Of Acute Care, Urgent Care And Business Park; Sec. 30-358 Pertaining To The Definition Of Frontage Coverage; Sec. 30-368 Pertaining To The Maximum Setback For Buildings In The Route 66 Gateway Subdistrict Of The Form-Based Code Zone; Sec. 30-386 Pertaining To The Minimum Glazing Standard For The Shopfront Frontage Type In The Form-Based Code Zone; Sec. 30-389 Pertaining To Required Landscaping In Parking Areas For Mixed-Use And Commercial Developments In The Form-Based Code Zone; Sec. 30-489 Pertaining To The Urgent Care And Acute Care Land Uses In The Commercial Zones; Sec. 30-538 Pertaining To Required Screening Of Loading Areas In Industrial Zones”. And Finding The Action To Be Categorically Exempt From CEQA Under CEQA Sections 15060(C), 15378, and 15061(B)3).

C. Adoption of Ordinance No. 1986 (Second Reading), levying 26-0949 special taxes within the City of Fontana Community Facilities District No. 117 (Southridge)
Conduct a second reading by title only and adopt, Ordinance No. 1986, levying special taxes within the City of Fontana Community Facilities District No. 117 (Southridge).

D. Adoption of Ordinance No. 1987 (Second Reading), amending 26-0950 Article XIII of Chapter 15 of the Fontana Municipal Code to regulate social hosts who allow illegal fireworks
Conduct a second reading by title only and adopt, Ordinance No. 1987, amending Article XIII of Chapter 15 of the Fontana Municipal Code to regulate social hosts who allow illegal fireworks.

E. Approval of a Resolution Amending and Updating the 26-0915 City’s Records Retention Schedule
Approve Resolution No. 2026-027, adopting a revised Records Retention Schedule for the retention and destruction of obsolete records.

F. Award a Professional Services Agreement for Design Services 26-0846 to BFK Architects for the 16641 Orange Way Public Works East Yard Renovation Project (PW-26-158-SP).

1. Award and authorize the City Manager to enter into a Professional Services Agreement with BFK Architects for the Design Services for the 16641 Orange Way Public Works East Yard Renovation Project in the amount of $318,880.00 (Request for Proposals PW-26-158-SP).

Page 7 of 12 ends

2. Approve and authorize the City Manager to enter into future individual Professional Services Agreement Amendments with BFK, not exceeding $30,000.00 for the 16641 Orange Way Public Works East Yard Renovation Project (PW-26-158-SP).

G. Authorize the Purchase of Next-Generation Firewalls to Replace 26-0871 End-of-Life Firewalls

1. Authorize the Purchasing Division to procure next-generation firewall hardware utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Authorize the Purchasing Division to use the OMNIA Partners Contract #01-154 to purchase a pair of replacement firewalls from authorized reseller NowTech Solutions of Sacramento, CA, including all required licensing, maintenance, and support in the amount of $126,744.31.

H. Authorize the Renewal of Licensing and Maintenance 26-0889 for Firewall Systems

1. Authorize the Purchasing Division to utilize the OMNIA Partners IT Solutions, Products, and Services Contract #2024056-02 to renew licensing, maintenance, and support for the City’s Palo Alto firewall and SD-WAN systems in accordance with Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Approve the purchase from SHI International in the amount of $102,925.60.

I. Resolution of the City Council of the City of Fontana, California 26-0897 Approving a Purchase and Sale Agreement Between the City of Fontana and SA Golden Investments, Inc. for Assessor’s Parcel Numbers 0228-151-62-0000 and 0228-151-66-0000

1. Adopt Resolution No. 2026-028, approving a Purchase and Sale Agreement between the City of Fontana and SA Golden Investments, Inc. for Assessor’s Parcel Numbers 0228-151-62-0000 and 0228-151- 66-0000.

2. Authorize the City Manager to sign any documents necessary or appropriate to approve and enter into a Purchase and Sale Agreement.

J. Award a Construction Contract for the Fire Station No. 80 - 26-0928 Training Center Project (Bid No. DE-26-129-SB)

1. Award and authorize the City Manager to enter into a construction contract with AMG & Associates, Inc. for the construction of the Fire Station No. 80 - Training Center in the amount of $14,395,000 and authorize a 10% contingency in the amount of $1,439,500 (Bid No. DE-26 -129-SB).
23

Page 8 of 12 ends

2. Approve and 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 Fire Station No. 80 - Training Center (Bid No.

DE-26-129-SB).

3. Appropriate $3,900,000 from Fire Capital Project Fund (Fund 610) to the Fire Station No. 80 - Training Center Project No. 37603385.

4. Approve a transfer in the amount of $3,900,000 from Fontana Fire District Fund #210 to the Fire Capital Project Fund #610 to cover construction contract costs.

K. Police Department Monthly Information Update 26-0931 Accept the Police Department monthly information update for February 2026.

L. Authorize the Renewal of VMware Software Licensing 26-0933

1. Authorize the Purchasing Division to procure VMware maintenance and support utilizing NASPO State of California Participating Addendum Contract AR2472 (Addendum 7-17-70-40-05) in accordance with Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Approve the purchase from Sidepath, Inc. of Laguna Hills, CA as the authorized reseller in the amount of $119,380.00.

M. Final Acceptance of Heritage Community Center Pool 26-0935 Plastering Project (PW-26-70-SB)

1. Accept as complete the work performed by California Landscape and Design, Inc. for the Heritage Community Center Pool Plastering project (PW-26-70-SB).

2. Authorize the City Manager to approve the additional contract authorization increase amount of $22,378.00.

N. Purchase and Sale Agreement- 15166 Foothill Blvd 26-0941

1. Approve a Purchase & Sale Agreement for the purchase of the associated land located at 15166 Foothill Boulevard, Fontana, CA 92335 specifically described as APN 1110-161-08 in the amount of $3,200,000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property specifically described as APN 1110-161-08 comprised of approximately 2.30 acres (“Property”) from Aldea Foothill Two, LLC.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and any other documents necessary or appropriate to 24

Page 9 of 12 ends

facilitate said purchase on behalf of the City of Fontana.

O. First Amendment to Option and Purchase and Sale Agreement 26-0942 for City owned property

1. Approve the First Amendment to the Option and Purchase and Sale Agreement with SA Golden Investments, LLC for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,500 square feet, more specifically described as APN’s 0191-163-26, 0191-163-17, and 0191-163-16.

2. Authorize the City Manager to enter into any documents necessary or appropriate to effectuate said approvals and/or agreement, including any related financing or subordination documents required to effectuate the close of escrow and development of the property.

P. Final Acceptance of Ralph M. Lewis Sports Park Artificial Turf 26-0944 Installation for Fields 1 & 2 (PW-26-36-SB)
Accept as complete the work performed by FieldTurf Inc, USA for Ralph M.

Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB).

Q. Award a Construction Contract for the Village of Heritage (VoH) 26-0945 Liberty Loop Patching and Pavement Rehabilitation Project (DE-26-97-SB)

1. Award bid and authorize the City Manager to enter into a construction contract with Matich Corporation for the construction of the VoH Liberty Loop Patching and Pavement Rehabilitation Project in the amount of $2,548,691.00 and authorize a 10% contingency in the amount of $254,869.10 (DE-26-97-SB).

2. Approve and 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 VoH Liberty Loop Patching and Pavement Rehabilitation Project.

R. Approve and Authorize the City Manager to enter into a Public 26-0974 Road Easement with the U.S. Department of Agriculture Forest Service along Coyote Canyon Road, West of Sierra Avenue Approve and authorize the City Manager to enter into a Public Road Easement with the U.S. Department of Agriculture Forest Service along Coyote Canyon Road, west of Sierra Avenue.

S. Naming of Proposed Children’s Museum in honor of John P. 26-0956 Previti
Approve the naming of the Proposed Children’s Museum in honor of John P Previti.

T. Adoption of Resolution No. 2026-029 Appointing Mayor 26-0980 Warren as the City’s Representative to the San Bernardino 25

Page 10 of 12 ends

Regional Housing Trust (SBRHT) Board of Directors
Adopt Resolution No. 2026-029 appointing Mayor Warren as the City of Fontana’s representative to the San Bernardino Regional Housing Trust (SBRHT) Board of Directors.

NEW BUSINESS:

A. Establishing Procedures for the Conduct of the Public Hearing 26-0957 and Majority Protest Process and Exhaustion of Administrative Remedies Procedures
Authorize the City Clerk, or their designee, to provide notice of the public hearing in accordance with Proposition 218’s requirements.

City Manager Ballantyne clarified that the $120K contract awarded in December was charged to Fund 720, Stage Red.

City Engineer/Director of Public Works Gia Kim, Raftelis consultants John Wright and Nick Kennedy provided the staff report.

Council Member Cothran explained that many residents mistakenly believe the City controls wastewater rates, noting that these decisions are made by the Inland Empire Utilities Age ncy (IEUA) whose meetings are held in Chino. He stated that he regularly expresses concerns about rate increases and emphasized the need for greater accountability from the agency’s board.

Mr. Wright clarified that the sewer rate increases include a pass ‑through component, meaning the City collects charges on customer bills and forwards them to the regional wastewater agencies without retaining revenue. H e also explained that the rate calculations assume no growth in equivalent dwelling units over the next five years and noted that accessory dwelling units were not included in the analysis.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by vote of 4 -0 to approve New Business Item “ A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval

CITY MANAGER COMMUNICATIONS:

City Manager Ballantyne reaffirmed that the Stage Red marketing contract was properly charged to Fund 720 and that no expenditures were made from the Sewer Connection Fund 702 and staff would correct the typo on the fina ncial report on the website and ensure continued accuracy and transparency in sewer enterprise fund accounting. He highlighted recent infrastructure investments, announced the upcoming Fontana Days Parade, and stated that staff will follow up on Prop 218 and Accessory Dwelling Unit questions.

Page 11 of 12 ends

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

City Clerk Key congratulated the new Fire and Police Department recruits as well as the Police Department’s Employees of the Month.

City Treasurer Koehler-Brooks congratulated the new Fire and Police Department recruits as well as the Police Department’s Employees of the Month. She also noted that she attended the recent Above the Limits event, which welcomes all participants and is especially supportive of individuals with special needs.

Council Member Roberts reflected on the Fire Department’s new hires, noting it reminded him of when he began his career, and expressed condolences to Council Member Sandoval on the passing of his mother.

Mayor Pro Tem Garcia did not have any comments.

Council Member Cothran welcomed Mayor Pro Tem Garcia back and reported on a recent trip to Washington, D.C., where City representatives met with federal agencies to pursue funding opportunities for police staffing and housing initiatives. He expressed confidence in the Police Department’s competitiveness for grant programs and deferred additional trip details to Mayor Warren.

Mayor Warren reported on a productive trip to Washington, D.C., where City representatives met with federal and state officials to discuss funding opportunities and highlighted Fontana’s strong record of putting grant funds to immediate use. She also recognized a major food donation to CityLink, promoted upcoming community events including the Fontana Days Parade, noted ongoing collaboration with local school districts, and encouraged residents to participate in City programs and utilize local parks and trails. She concluded by acknowledging Council Member Sandoval’s absence due to the passing of his mother.

ADJOURNMENT:

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

1. Wayne F. Burt, Jr.

Mayor Warren adjourned the meeting at 3: 37 p.m. to the Regular City Council Meeting on Tuesday, May 12, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk
27

Page 12 of 12 ends

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MAY 12, 2026.

_______________________
Germaine Key
City Clerk

28 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0828 Agenda Date: 5/12/2026
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Final Change Order with Gentry General Engineering, Inc. and Final Acceptance for the Emergency Storm Drain Repair Work along Valley Boulevard Project RECOMMENDATION:

2. Accept as complete the work performed by Gentry General Engineering for the Emergency Storm Drain Repair Work along Valley Boulevard.

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

DISCUSSION:

On February 10, 2026, the City Council authorized the City Manager to enter into a contract with Gentry General Engineering, Inc. for Emergency Storm Drain Repair Work along Valley Boulevard at the intersections of Elm and Hemlock Avenues, in the amount of $258,472.00 with a contingency amount of $25,847.00 for a total contract authorization of $284,319.00. Repair work consisted of reconstruction of reinforced concrete boxes and culverts per Caltrans Standards, a headwall at Elm Avenue, and paving repairs at Elm and Hemlock Avenues.

Work began on February 23, 2026, and was deemed complete on April 3, 2026. During construction, it was determined that additional length for the concrete box repairs was required at each location to ensure appropriate structural integrity of the storm drain system. Total cost of the extra work per Contract Change Order No. 1 is $40,812.35, which will exceed the original contingency authorization.

The project was successfully completed for the final contract amount of $299,284.35, an increase of

5.26% from the original total contract authorization.

FISCAL IMPACT:

Funding for the additional contract authorized amount of $14,965.35 is budgeted in Fiscal Year 2025/2026 Public Works Operating Budget account 60437100.8330, Transactional Use Tax Fund.

City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
29 File #: 26-0828 Agenda Date: 5/12/2026
Agenda #: B. Category: Consent Calendar
As part of the action to accept the emergency repair work as complete, the City will take over the maintenance of this storm drain infrastructure. Appropriate funding for the maintenance work is included in the FY 2025-26 budget under the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
30 CONTRACT CHANGE ORDER FORM

CONTRACT INFORMATION

CHANGE INFORMATION
Prior Contract Price
Change Order Amount
New Contract Price
Prior Time of Completion Working Days
Adjusted/Extension Time in Working Days
New Completion Time in Working Days
Estimate of Cost
Contract Unit Prices
Extra Work
Agreed Prices
Eliminated Items
Total
% Change
Original Time Completion in Working Days: N/A
N/A
$ 299,284.35
N/A
N/A
This Change Order Totals To Date
$ -
$ 40,812.35
$ -
$ -
Date: 4/15/26
Change Order Number: 1Bid/Contract Number: N/A-Emergency Work Project Description: Emergency Storm Drain Repair Work on Valley Boulevard at Elm and Hemlock
Contractor: Gentry General Engineering, Inc. PO/Contract Number:

Original Contract Price: $258,472.00
$ 258,472.00
$ 40,812.35
$ 40,812.35

15.79%
$ -
$ 40,812.35
$ -
$ -
$ 40,812.35

15.79%
Contract Change Order No. 001 Page 1 of 3
31 CONTRACT CHANGE ORDER FORM
INITIATING PARTY (Party responsible for initiating the change order request) Change Initiated By Agency Change Requested By Contractor

REASON(S) FOR THE CHANGE ORDER
Detailed Justification (Required): As part of the repair work for the collapsed storm drain boxes/culverts at the two locations, addiitonal length of repair was required and authorized in the field to ensure there was no delay in the progress of the work.

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

Contract Change Order No. 001 Page 2 of 3
32 A.

1. 2.

Cost (Article A)---
B

1. 2.

Cost (Article B)---
C.

1. 2.

Cost (Article C)---
D.

1. 2.

Cost (Article D)---
TOTAL COST --- (CCO #001) ---
Actual quanities performed have been adjusted based on field conditions. Original contract work was authorized in the amount of $258,472 including headwall reconstruction and paving. Final contract quanitites amounted in a total cost of $199,421.25 resulting in a reduction of cost of Article D, shown below.

The Contract time shall be extended by zero (0) additional Working Days by way of this change order item (Article D.1). ($59,050.75)
$40,812.35
Reference is made to Gentry General Engineer, Inc.'s Invoice V&E WEST dated 3/24/26:

While working in the field on the repair, it was determined that an additional 7' of repair was needed to ensure sufficient structural integrity of the drainage system.

The City directed the Contractor to proceed with the repairs on a verbal agreement to proceed at a cost of $1,958.10/LF. The extra work resulted on the cost of Article C, shown below.

The Contract time shall be extended by zero (0) additional Working Days by way of this change order item (Article C.1). $13,706.70
Quanitity Balancing. Reference is made to Gentry General Engineer, Inc.'s Invoices dated 3/24/26 & 3/31/26:

Reference is made to Gentry General Engineer, Inc.'s Invoice V&H EAST dated 3/24/26:

While working in the field on the repair, it was determined that an additional 30' of repair was needed to ensure sufficient structural integrity of the drainage system.

The City directed the Contractor to proceed with the repairs on a verbal agreement to proceed at a cost of $1,958.10/LF. The extra work resulted on the cost of Article B, shown below.

The Contract time shall be extended by zero (0) additional Working Days by way of this change order item (Article B.1). $58,743.00
Reference is made to Gentry General Engineer, Inc.'s Invoice V&H SE COR dated 3/31/26:

The Contract time shall be extended by zero (0) additional Working Days by way of this change order item (Article A.1).

CONTRACT CHANGE ORDER NO. 001
$27,413.40
While working in the field on the repair, it was determined that an additional 14' of repair was needed to ensure sufficient structural integrity of the drainage system.

The City directed the Contractor to proceed with the repairs on a verbal agreement to proceed at a cost of $1,958.10/LF. The extra work resulted on the cost of Article A, shown below.
(Continuation of CCO No. 001)
The contract is changed in accordance with the following work scopes. The equitable adjustments of both, cost and time are delineated for the article listed.

Contract Change Order No. 001 Page 3 of 3
33 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0946 Agenda Date: 5/12/2026
Agenda #: C. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Out-Of-Area Sewer Service Agreement (ANX No. 23-0002) between the City of Fontana and Milagros Perez for sewer service to be provided by the City of Fontana to 9629 Alder Avenue (APN:
0249-091-08), pursuant to a Statutory Exemption in accordance with CEQA Guidelines Section No 15268(b)(4).

RECOMMENDATION:

COUNCIL GOALS:
· Promote economic development by aggressively pursuing annexations.

BACKGROUND:

The City’sadopted policy pertaining to annexation states that for certain new development outside of the City requiring City sewer services, a landowner may enter into a Pre-annexation Agreement (Out- Of-Area Sewer Service Agreement) for the provision of sewer service. This agreement defers annexation to a time in the future while allowing the provision of sewer services by the City.

As outlined in Government Code Section 56133, state law requires cities to obtain approval from the Local Agency Formation Commission (LAFCO) prior to extending a municipal service outside their corporate limits. The City of Fontana (City) is agreeing to provide a sewer connection prior to annexation of the project site and LAFCO approval is therefore necessary. Upon City Council approval of this Out-Of-Area Sewer Service Agreement, a service boundary modification request will be submitted to San Bernardino LAFCO.

DISCUSSION:

This project involves a 0.4-acre parcel located at 9629 Alder Avenue. The parcel is outside of and adjacent to Fontana’sCity limits. The proposed Out-Of-Area Sewer Service Agreement would provide connection to the City’s sewer system to an existing single-family residence in the City’s unincorporated East Side Annexation Area and Sphere of Influence of the City of Fontana.

City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
34 File #: 26-0946 Agenda Date: 5/12/2026
Agenda #: C. Category: Consent Calendar
The City has available wastewater (sewer) treatment capacity along Alder Avenue. With an Out-Of- Area Sewer Service Agreement, the city agrees to provide sewer services to and authorizes a sewer connection by a landowner requesting such connection and services within the City’s Sphere of influence area subject to landowner’scompliance with the City’sannexation policy, meeting of all City requirements and paying applicable sewer fees, and payment of the applicable impact fees.

After approval by the City Council, the application would be forwarded to the Local Agency Formation Commission (LAFCO). The City Council Policy Pertaining to Annexation is included as an attachment to the Agreement. Presented below is an outline of the major terms of the agreement; a copy of the Out-Of-Area Sewer Service Agreement is attached to this report.

1. The City’sDevelopment Impact Fees, as required by the City, are outlined in Exhibit C of the Out-Of-Area Sewer Service Agreement. These fees are provided as estimates and will be collected at the actual rate when construction permits are issued.

2. The City hereby agrees to furnish, and Owner hereby agrees to accept, Service to the Property in accordance with the terms and conditions in the Agreement, subject to the Owner completing the Improvements in accordance with the City’smunicipal code, ordinances, rules, regulations, policies, procedures and orders (“Rules and Regulations”).

3. The landowner agrees not to oppose any future annexation into the City.

ENVIRONMENTAL IMPACT:

Staff has reviewed the proposed project and prepared the following environmental recommendation for the City Council’sconsideration: There will be no significant environmental impacts caused by this project, therefore, a Notice of Exemption has been prepared pursuant to Section No. 15268 (b) (4) (Ministerial Project, Utility Connection) of CEQA.

FISCAL IMPACT:

This project will not have any direct negative fiscal impact.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Out-of-Area Sewer Service Agreement with Exhibits

3. Notice of Exemption
City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
35 ATTACHMENT NO. 1

VICINITY MAP
DATE: May 12, 2026

CASE: Master Case No. 23-0088
Annexation No. 23-0002

CITY OF FONTANA PLANNING DEPARTMENT

CIT
36 37
38 39
40 41
42 7

9.4. Binding Effect; Assignment . All of the terms, conditions , and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. No assignment of this Agreement shall be made without the prior written consent of the parties to the Agreement, which consent may not be unreasonably withheld.

9.5. Covenants Running with the Land . All of the benefits and obligations described herein, including any and all covenants, conditions, and restrictions set forth in this Agreement shall be binding on the Parties and their heirs, successors, grantees, transferees, and permissible assigns and shall run with the land comprising the Property.

9.6. Performance. Whenever performance is required of any party hereunder, that party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing, or other labor disputes, or damage to work in progress by reason of fire or other casualty or cause beyond the reasonable control of a part y (acts by the performing party causing the situation to be beyond reasonable control excepted), then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused.

9.7. Severability. Invalidation o f any of the provisions contained in this Agreement, or of the application thereof to any person or circumstance, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circum stance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

9.8. Notice.

9.8.1. Form of Notice. Any notice to any party shall be in writing and given by delivering the same to such party in person or by sending the same by certified mail, return receipt requested, with postage prepaid to the party’s mailing address.

The respective mailing ad dresses of the parties thereto are, until changed as hereinafter provided, the following:

To the City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Salvador Quintanilla, Senior Planner

To Owner: Milagros Perez
9629 Alder Avenue
Fontana, CA 92335

9.8.2. Change of Address . Any party may change its mailing address at any time by giving written notice of such change to the other parties in the manner provided herein at least ten days prior to the date such change is effective. 43 44
45 46
47 48
49 50
51 EXHIBIT C
Pre-Annexation Agreement
Estimated
Development Impact Fees
Sewer Connection Charges/LAFCO Fee

Impact Fees Fee Multiplier Fee Amount
1Fire Facilities $431.00 - SFD 0.5 $215.50
Engineering Fees
1Park Development $7,733 - SFD 0.5 $3,866.50
1Storm Drain Fee
(Fontana East) $16,550.00 0.5 $8,275.00
Sewer Deposit $60.24 4 month deposit $240.96
City Sewer
Connection Master
Fee
$1,023.00 per EDU 1 EDU’s3 $1,023.00
City Sewer
Connection Permit $25.00 1 $25.00
2Sanitary Sewage
Facilities Expansion
Fee (Inland Empire
Utilities Agency)
$8,620 Per EDU
Effective 7/1/24

1 EDU’s3 $8,620.00
4LAFCO Fee $650.00 1 $650.00
Total $22,915.96

1 Fees listed are reduced by 50% pursuant to City of Fontana In-fill Ordinance No. 1748 adopted on September 13, 2016. (If applicable)
2 Indicates a pass-through fee collected for other agencies. 3 Equivalent Dwelling Units (EDU’s) have been estimated for the project and will be adjusted at time of plan check for the “Sewer Connection” permit. 4 Subject to LAFCO’s adopted fee resolution.

All Fees shall be due and payable prior to issuance of the “Sewer Construction” permit issued by the Engineering Department and the “Sewer Connection” permit issued by the Building & Safety Division. Additional fees will apply for the permit issuance and inspection. The estimated fee will be collected at the actual rate when the construction permit is issued.

52 Notice of Exemption FORM “A”
ATTACHMENT NO. 3

NOTICE OF EXEMPTION
TO:
☐
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6656
☒

Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 23-0088 and Annexation No. 23-0002.

2. Project Applicant (include address,
telephone number and email address):

City of Fontana
Mai Thao
Associate Planner
[email protected]
(909) 350-6650
Planning Department
8353 Sierra Avenue
Fontana, CA 92336

3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

The Project site is located at 9629 Alder
Avenue (APN: 0249-091-08).

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is for establ ishment of an
Out-Of-Area Sewer Service Agreement to
provide sewer service to an existing
single-family residence that is outside of
Fontana’s c ity limits and inside of
Fontana’s unincorporated sphere of
influence.

6. Name of Public Agency approving
project:

City of Fontana

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
City of Fontana
Mai Thao
Associate Planner
[email protected]
53 Notice of Exemption FORM “A”
ATTACHMENT NO. 3
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
of use from the Public Agency as part of
the activity:
(909) 350-6650
Planning Department
8353 Sierra Avenue
Fontana, CA 92336

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:

(f) ☒ Statutory Exemption.

State Code section number:

Exempt pursuant to Section No.
15268(b)(4) (Ministerial Project, Utility
Connection)
(g) ☐ Other. Explanation:

9. Reason why project was exempt: The project is for a utility connection, which is considered a ministerial project
pursuant to Section No. 15268 (b)(4) of
the California Environmental Quality Act
(CEQA).

10. Lead Agency Contact Person:

Telephone:

Mai Thao, Associate Planner
909-350-6650

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☐ No ☒
If yes, the date of the public hearing was:

Date: May 12, 2026

________________________________
Signature
Name: Patty Nevins
54 Notice of Exemption FORM “A”
ATTACHMENT NO. 3
Title: Director of Planning
☒ Signed by Lead Agency ☐ Signed by Applicant

Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 55 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0960 Agenda Date: 5/12/2026
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 26 with TKE Engineering, Inc. for the Etiwanda-Slover Intersection Improvement Project
RECOMMENDATION:

1. Approve and authorize the City Manager to enter into Amendment No. 1 to Task Order No. 26 with TKE Engineering, Inc. for the Etiwanda-Slover Intersection Improvement Project (SQ-87-DE- 19) in the amount of $531,991.00 for a total task order amount of $576,991.00.

2. Authorize the City Manager to enter into any future amendments to the Task Order not exceeding $60,000.

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

DISCUSSION:

The Etiwanda-Slover Intersection Improvement Project will widen the intersection, modify the existing traffic signal, install sidewalks, storm drain improvements, and street lighting. The widening of the intersection will enhance overall traffic circulation for both the City of Fontana and Ontario. Through a Cooperative Agreement with the City of Ontario executed on December 18, 2018, Fontana is the lead agency for the project while it is partially located in the City of Ontario.

On April 2, 2024, Task Order No. 26 in the amount of $45,000.00 was issued to TKE Engineering, Inc. to perform project management services for the Etiwanda-Slover Intersection Project. These services originally included project management services through the design phase of the project.

The project is nearing the construction phase and will require extensive oversight and coordination with the City of Ontario, sewer, water, and gas utility companies, as well as nearby property owners.

An amendment to the task order for TKE Engineering, Inc. is necessary to ensure consistency in the City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
56 File #: 26-0960 Agenda Date: 5/12/2026
Agenda #: D. Category: Consent Calendar
management of the project through the construction phase. Amendment No. 1 to the task order will account for all anticipated project management services during construction including construction staking and survey services by TKE Engineering, Inc. in the amount of $531,991.00 barring any unforeseen construction conditions.

The construction of the project is expected to begin in Fall 2026 with completion in Fall 2027.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $531,991.00 for the full term of the Agreement and is included in the Fiscal Year 2025/2026 budget in 37603350-245-D-8130 and 37603350-630-D-8130 (Measure I-Arterial and Circulation Mitigation Funds).

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
57 April 13, 2026
Ms. Kimberly Young, P.E., Senior Civil Engineer

CITY OF FONTANA
Engineering
8353 Sierra Avenue
Fontana, California 92335
Subject: Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
Dear Ms. Young:

TKE Engineering, Inc. (TKE) has been providing Project Management consulting engineering services to the City of Fontana (City) for the management of Etiwanda Avenue and Slover Avenue Street Improvements Project. TKE’s current budget was established at $1 57,812 to be billed on a time and materials basis and has been expended. The City has requested TKE to continue to provide additional project management services for the Etiwanda Avenue and Slover Avenue Street Improvements Project in which TKE will requi re additional budget. In addition, t he City desires to retain professional engineering services for the construction management of the street widening along Etiwanda Avenue between 1,000 feet south of Slover Avenue and the UPRR bridge. In addition, the project includes widening and rail crossing improvements along Airport Drive/Slover Avenue between approximately 800 linear feet east and west of Etiwanda Avenue. The project includes installation of new water mains and storm drain piping, upgrade of the existing railroad crossing, structural wall installation for road widening adjacent to the existing bridge, slope grading , curb, gutter, sidewalk, driveway and ramp co nstruction, asphalt concrete pavement , median curb, fencing, walls, traffic signal modifications, street light installation and signing and striping and private property improvement reconstruction . The City has agreements in place with ADO, Pacific Forge and Southern California Edison associated with private improvement restoration on the adjacent private property being impacted by the subject project. The project requires continued coordination wit h Union Pacific Railroad (Benesch), Caltrans, San Gabriel Valley Water Company (Fontana Water Company), Southern California Edison, Ontario Municipal Utilities Company, Inland Empire Utilities Agency for utility and facility installation, adjustment and abandonment. TKE’s scope of services for the project has been listed below:

The following is a description of the required scope of services and additional budget amount required for each.

SCOPE OF WORK
TKE’s scope of services is presented in the following paragraphs:

Project Management Services

Task No. 1 - Project Management
Project management includes biweekly meetings with staff to ensure critical decisions are presented to the City for direction at appropriate times, meetings and communications with the project team, field reviews of the site, progress reports, and regular review of project schedule and budget.
58 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 2 of 8

Total budget increase for the services described above is $6,000.00.

Task No. 2 - Plan Checking
TKE will provide continued plan check and constructability review services for the project. We will identify design deficiencies, permit requirements, utility relocations, any constructability issues and cost savings measures and will ensure that the proj ects will meet all budget requirements. We will also provide an outline of our dispute resolution procedures for the City to review.

TKE has available budget remaining in this task and therefore, no budget increase for the services described above is required.

Task No. 3 - Right-of-Way Acquisition
Right-of-way acquisition has been completed, therefore TKE will no longer need to attend meetings and coordinate with appraisers, legal counsel, City staff, property owners and right- of-way consultants.

No budget increase for the services described above is required.

Task No. 4 - Permitting/Agency Coordination
TKE will review permitting and coordinate with appropriate agencies (UPRR, Benesch, Fontana Water Company, City of Ontario Municipal Utilities Company, IEUA, Private Businesses, etc.) affected by the work for relocations, DDW water separation waiver and completion of GO-88B approval. We will coordinate project schedules and work progress affecting the project with each appropriate agency/party. If appropriate, we will prepare permit applications and submit to appropriate agencies and track permit progress until complete.

TKE has available budget remaining in this task and therefore, no budget increase for the services described above is required.

Task No. 5 - Utility Coordination
TKE will provide continued coordination for submit design drawings to all agencies/utilities having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construct ion schedule and relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding.

Total budget increase for the services described above is $3,000.00.

Task No. 6 – Bid Package Preparation
TKE will review project plans and estimates provided by the design engineer and prepare project specifications for bidding purposes. Specifications will include details related to special construction requirements, preparation of bid items and bid quantit ies, required project phasing, utility relocation phasing and/or construction window establishment, and removal and reconstruction of necessary private improvements.

Total budget increase for the services described above is $7,000.00.

59 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 3 of 8

Construction Management Services

Task No. 7 – Bidding Assistance
TKE will assist the City during project bidding by reviewing Contractor questions and providing required answers to questions or preparing responses to RFI’s and associated addendum to provide clarifications of the contract documents as requested by the City . In addition, TKE will be available to review Contractor bid documents and assist with determination of bid deficiencies, review Contractor references and assist with determination of the low bidder.

Total budget increase for the services described above is $7,240.00.

Task No. 8 - Preconstruction Meeting
A preconstruction conference will be held for the project. The conference will be attended by City staff, TKE’s Construction Manager , the C onstruction Inspector, the Contractor, representatives of potentially affected utilities and representatives of any other affected agencies. Prior to the conference, we will prepare a conference agenda. At the meeting, we will discuss communication protocol requirements, safety and health procedures, permitting, traffic control requirements, schedule and phasing requirements, railroad coordination, utility coordination and inspection, storm water pollution prevention controls, procedures for contract submittals, contract administration, job-site access and delivery, progress payments, certified payroll, and coordination with others. After the meeting, it will be documented with minutes.

Total budget increase for the services described above is $5,320.00.

Task No. 9 – Material Submittal Review
TKE will develop a list of all required material submittals and compare the list to the Contractors submittals. TKE will review all project submittals including traffic control plans.

Each submittal shall be reviewed with City of Fontana staff and design team as required to verify compliance. We will maintain a project log which will include descriptions of submittals, submittal status, date received, and date returned. Once the submittals have been reviewed and accepted, they will be signed, dated, and sent to the Construction Inspector, City of Fontana staff, project Contractor and the file. Submittals will be returned within the time frame specified by the Contract Documents.

In addition to submittals, TKE will review all vendor and lab reports and certifications and material test inspections and correlate all reports with respect to the plans and specifications.

TKE will provide a log for reports and certifications and notify the City upon any irregularities.

Total budget increase for the services described above is $23,720.00.

Task No. 10 – Records Management
TKE utilizes an electronic records management system. Files include:
➢ Contract Documents, Addenda, Bulletins, and Reports
➢ All required local, other agencies and state records throughout the project duration and submit copies to the City’s project manager, including labor compliance. ➢ Environmental Compliance Documents/ Agency Permits
➢ Material Submittals
➢ Contractor Correspondence (RFI’s and RFC’s)
60 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 4 of 8

➢ City Correspondence (Responses to RFI’s and RFC’s , Bulletins and other correspondence)
➢ Certified Payroll Records
➢ Change Orders
➢ Progress Payments
➢ Materials Testing Reports/Correspondence
➢ Surveying Records
➢ Inspection Field Reports/ Accident Reports
➢ Photo Logs
➢ Utility/Agency Correspondence
➢ Public Correspondence
➢ Operations and Maintenance Manuals
➢ Project Closeout Records
Total budget increase for the services described above is $10,740.00.

Task No. 11 – Construction Meetings
TKE will be in constant communication with City staff during the projects entirety to ensure that the project is running smoothly and in accordance with the City’s expectations. TKE will hold weekly meetings with City staff, Contractor and Inspector, meetings with utilities/agencies, and affected agencies. Each is discussed below:

City Meetings – TKE will meet with City staff as required to keep staff fully apprised as to construction progress and potential project issues. We will provide updates for construction budget and tracking of remaining contingencies in relation to potential change orders.

Weekly Construction Progress Meetings – our Construction Manager will meet with the project Contractor, Construction Inspector and the City on a weekly basis. We will prepare agendas and minutes for each meeting. Meeting agenda will typically include background, hot items, past dues action items , traffic control and safety , SWPPP, submittals, RFI’s , construction phasing, project schedule, railroad coordination, utility coordination, potential issues , payment quantities, certified payroll deficiencies, and bulletins required.

Utilities/Agency Meetings – as mentioned above, TKE will invite utilities and agencies to the preconstruction conference. During that meeting, all potential project impacts will be discussed with each. During construction, should issues develop needing further discussions with utilities/agencies, TKE will meet with each and develop remediation strategies. Again, all meetings will be documented with minutes.

Total budget increase for the services described above is $55,050.00.

Task No. 12 – Construction Management
With our current experience on the Etiwanda Avenue Street Widening Project, TKE is uniquely suited to respond to challenges that may occur during construction. Our manager’s consistent communications with the City, utility agencies, UPRR (Benesch) and construction inspector will also provide immediate remediation alternative development. 61 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 5 of 8

TKE will review the project schedule and construction progress prior to each Contractor meeting to verify compliance with the Contract Documents. In addition, we will prepare weekly statement of working days to be provided to the contractor at each weekly meeting.

If the Contractor is failing to meet approved schedule contract obligations, TKE will request a remediation effort to return the project progress to comply with requirements. If the remediation plan requires adjustment to the completion date, TKE will advise the City and will not execute any approval of such change without City authorization.

In addition, TKE will receive RFI’s and RFC’s (including written clarification requests and change-in-plan drawings) regarding the contract documents. TKE will provide any drawings, sketches and written responses in a timely manner to each with direction and will verify compliance with the Contract Documents. All RFI’s and RFC’s will be logged, including content of inquiry, date relayed and date of response. TKE will review all RFC’s for any potential change in scope and notify the City if potential change orders may arise from the RFC.

Change conditions and time extensions that may warrant a change order will require a complete understanding of the impacts of the change of which TKE will need to consider in determining its resolution. TKE will seek appropriate comments from anyone impac ted by the changed conditions and will closely consult with the City to develop the most cost-effective remediation alternative. Cost and scheduling impacts will be noted and presented to the City in accordance with the cities change order procedures prio r to direction being given to the Contractor, including the preparation of Change Order drawings and specifications, if required.

To maintain cost controls, TKE will review project budgets on a weekly basis, or as warranted, by review of change orders, RFC’s, and progress payments. In particular, quantities used on the project will be tracked to verify that they will not exceed cont ract budgeted amounts.

Each month, TKE will provide a budget report to the City. Should an increase in budget be required, TKE will assist Staff with staff report preparation.

Regarding change orders, we will review any change order request received to determine if said request is warranted. If the change order request is not warranted, we will reject it in writing; prior to sending rejection letters to the Contractor, we will review it with City st aff.

If the change order request appears justified, we will review it with the Construction Inspector and compare it with field reports for confirmation of materials, equipment and/or labor involved; we will review same with City sta ff and receive City staff’s approval prior to preparing and processing the contract change order. Change orders will be prepared on standard forms.

Should rejected change order s require additional consideration, we will negotiate with contractors to establish the impact of change conditions and we will attempt to complete negotiations prior to beginning work. If we fail to reach an agreement and the work must continue, we will direct the Contractor to complete the work. For all disputed work and force account work, the Construction Inspector will document the labor, materials and equipment used for the extra work for use in future negotiations.

Upon direction from the City, TKE will continue negotiating with Contractors to settle all disputes. However, City staff will ultimately determine the extent the City will go to achieve resolution. TKE will meet with both parties, either independently or together, as warranted until resolution is reached. TKE will complete all necessary calculations to support the City’s position. TKE utilizes a proactive dispute avoidance program. Once an issue is identified, TKE works diligently to resolve it as timely as possible. The weekly meetings will also be used to avoid or resolve these disputes.
62 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 6 of 8

If required, TKE will perform labor compliance interviews and verification of labor compliance for the project with each payment request submitted. Should deficiencies be noted, corrective action will be requested from the contractors prior to payment release.

Total budget increase for the services described above is $185,550.00.

Task No. 13 – Pay Requests
Each month, TKE will review the construction payment requests submitted by the contractors for work completed and the construction schedule. We will review the work completed and payment requests to ensure that the quantities and amounts requested reflect the actual work completed. After each request has been reviewed (and revised if necessary), we will approve it and forward it to staff for approval and payment along with a written statement of completed review. We will also submit a monthly status repo rt with each payment request that will advise the City of compliance with the project schedule.

TKE will track and log any Preliminary and Stop Notices prior to each month’s progress payment. If any stop notices have been issued, we will direct the Contractor to rectify the notice and provide proof of the rectification prior to release of payment.

TKE will also provide monthly reports highlighting project progress, change orders, cost issues, and schedule.

Total budget increase for the services described above is $19,960.00.

Task No. 14 – Construction Surveying
TKE will provide construction staking services for the project. Construction staking will include site control to develop control and establishment of centerline monumentation and elevation’s for City’s benchmarks around the site to be utilized during construction. In addition, we will provide staking and grade sheets as necessary for all items required for construction including but not limited to, clearing and grubbing, rights-of-way, temporary construction easements, rough grading, asphalt concrete and PCC demolition limits, conduit installation, vaults, manholes, sewer pipe, street lights, traffic signal poles, curbs, median curb, walkways, ramps, driveways, fences, walls, asphalt concrete pavement blue tops and relocation of private property improvements. In addition, we will tie out all monumentation on the project site prepare temporary monument tie sheets an d reinstall all removed monumentation with new tie sheets.

Total budget increase for the services described above is $156,440.00.

Task No. 15 – Agency Coordination
TKE’s Construction Manager will review permitting and coordinate with City of Fontana, City of Ontario, Caltrans, UPRR (Benesch), and utility agencies affected by the work. We will coordinate project schedules and work progress affecting the project with each appropriate agency. If appropriate, the Construction Manager will invite affected agencies to attend the weekly progress me etings to review the project schedule, summarize project requirements and discuss them at these weekly meetings.

Total budget increase for the services described above is $24,280.00.

Task No. 16 – Project Close-Out
After project construction is essentially complete, we together with City staff, will field review the project and prepare a construction deficiencies list (punch list) of items requiring remedial work. After all deficiencies are corrected, our Construction Manager will prepare a letter, 63 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 7 of 8

recommending acceptance of the project. Once the remedial work is completed, TKE will review and process the final project invoice.

TKE will assist the City to identify, track and monitor the completion of warranty work prior to the construction completion date. We will obtain lien waivers, bonds, guarantees, warranties, if required, and other documents required by the Contract Documen ts for final Contract Closeout.

In addition, we will prepare the Notice of Substantial Completion to establish the date for the commencement of contract warranty periods and acceptance of maintenance responsibility by City. We will provide the Contractor with a list of any remaining inc omplete work requirements to be completed prior to Final Completion.

After all project requirements have been completed, we will prepare a “Notice of Completion” report documenting the final completion of the project and acceptance of the project improvements by the City.

We will forward copies of all records and we will prepare a summary of construction changes, final cost, and schedule revisions.

Total budget increase for the services described above is $11,840.00.

Task No. 17 – Record Drawings
Once the project has been completed, we will provide the City with a complete set of redlined record drawings which will reflect the improvements as constructed; any changes made during project construction will be shown on the record drawings based on contractor’s and our records. Drawings will be forwarded to the design engineer to prepare final as-built drawings to be provided to the City.

Total budget increase for the services described above is $5,420.00.

Reimbursables
Reimbursables include cost for prints, copies, mileage, etc.

Total budget increase for the services described above is $10,431.00.

FEE
TKE requests an additional $531,991.00 and that the City increase TKE’s current budget from $157,812.00 to $689,803.00. TKE is available to meet with City Staff to discuss the requested extra work and budgets upon your request. If you have any questions, please advise.

TKE’s fee to provide the scope of services described above is shown on the attached fee table breakdown. TKE will invoice monthly in accordance with our rate schedule and will not exceed our fee without prior approval from the City.

TKE’s scope is based off construction management for a construction period of 220 working days and was developed based on our understanding of the project plans and specifications.

Again, thank you for the opportunity to submit our proposal to provide professional engineering services. If you have any questions, please contact me at (951) 680-0440.

Sincerely,

64 City of Fontana – Ms. Kimberly Young (Continued)
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements
April 13, 2026 Page 8 of 8

Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
TKE ENGINEERING, INC.

Attachment: Fee Table Breakdown
65 Total
Task No. Task Hours $ Hours $ Hours $ Hours $ $
Scope of Services
Tasks 1-6 - Budget Adjustment 16,000 $
Task 7 - Bidding Assistance 16 2,880 $ 24 3,600 $ 8 760 $ - $ 7,240$ Task 8 - Preconstruction Meeting 12 2,160 $ 16 2,400 $ 8 760 $ - $ 5,320$ Task 9 - Material Submittal Review 40 7,200 $ 100 15,000 $ 16 1,520 $ - $ 23,720$ Task 10 - Records Management 8 1,440 $ 24 3,600 $ 60 5,700 $ - $ 10,740$ Task 11 - Construction Meetings 140 25,200 $ 180 27,000 $ 30 2,850 $ - $ 55,050$ Task 12 - Construction Management 2) 520 93,600$ 480 72,000 $ 210 19,950 $ - $ 185,550$ Task 13 - Pay Requests 40 7,200 $ 80 12,000 $ 8 760 $ - $ 19,960$ Task 14 - Construction Surveying 12 2,160 $ 24 3,600 $ 24 2,280 $ 560 148,400$ 156,440$ Task 15 - Agency Coordination 64 11,520 $ 80 12,000 $ 8 760 $ - $ 24,280$ Task 16 - Project Close-Out 24 4,320 $ 40 6,000 $ 16 1,520 $ - $ 11,840$ Task 17 - Record Drawings 8 1,440 $ 24 3,600 $ 4 380 $ - $ 5,420$ Subtotal:884 159,120$ 1,072 160,800$ 392 37,240$ 560 148,400$ 521,560$ Reimbursables (@2%)1.): 10,431$
Construction Management Total:531,991$
Rates: Notes:

Construction Manager 180$ /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Assistant Construction Manager 150$ /HR 2.) Assumes Construction Period of 220 Working Days Clerical 95$ /HR
Survey Crew 265$ /HR
TKE Engineering, Inc.

Clerical Survey Crew
City of Fontana
Professional Construction Management Services for Etiwanda Avenue and Slover Avenue Street Widening Improvements Consulting Engineering Fee
Construction Manager
Assistant Construction
Manager
66 N01 inch = 600 feet1200600
PROJECT LOCATIONETIWANDA AVENUE AT SLOVER AVENUE/AIRPORT DRIVESCE UNDERGROUNDING PROJECT SB-02-DE-22

INTERSECTION WIDENING PROJECT
67 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0962 Agenda Date: 5/12/2026
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Professional Services Agreement for Design Services with AC Martin for the Children’s STEAM Center at Lewis Library Project (DE-26-101-SP)
RECOMMENDATION:

2. Authorize the City Manager to execute any future amendments to the Professional Services Agreement not exceeding $87,000.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The Children’s STEAM Center at Lewis Library Project will repurpose roughly 4,800 square feet of existing library floor space, located on the first and second floors, into an interactive children’s space that focuses on STEAM (Science, Technology, Engineering, Art, and Math) engagement. In addition to the renovations for the children’s space, the project will include the renovation of an existing first- floor resource room/space to accommodate additional office space.

On January 8, 2026, the City issued a Request for Proposals (RFP) for Design Services from civil engineering and architectural firms. On February 12, 2026, proposals were received from eleven (11) firms interested in providing design services for the project. The proposals were evaluated based on firm and staff qualifications, project approach/scope of work, and proposed schedule, in accordance with City policies and procedures. The proposals ranged from $269,882.00 to $1,830,555.00.

Based on the evaluations, staff recommends approval of the Professional Services Agreement with AC Martin due to their experience, available projects staffing, schedule, and detailed approach to the City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
68 File #: 26-0962 Agenda Date: 5/12/2026
Agenda #: E. Category: Consent Calendar
design of the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $864,451.00, for the full term of the Professional Services Agreement. The current available budget is $600,000.00 and is included in Project 37600022-301-B-8113. Considering projected expenses, additional appropriation of $500,000.00 is being requested in 37600022-601-B-8329. The request will be submitted in the Fiscal Year 2025/2026 Third Quarter Budget Report. All future costs will be included in subsequent fiscal year budgets.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
69 1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DE-26-101-SP

This Agreement is made and entered into as of May 12, 2026 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 AC Martin, a Corporation with its principal place of business at 900 Wilshire Blvd. Suite 2800, Los Angeles, CA 90017 (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:

Design Services –Children's STEAM Center at Lewis Library (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 $864,451.00. 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.

statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Partie s 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 o ther 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 dat e of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from May 12, 2026 to June 30, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project . Consultant shall perform its services in a prompt and timely manner within the term of this Ag reement and shall commence performance upon receipt of written notice from the City to pro ceed (“Notice to Proceed”). 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 beyon d the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquake s; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, an d other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-perform ing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued p erformance 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, a s 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
71 3

Consultant’s services will be performed in accordan ce with generally accepted professional practices and principles and in a mann er consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer th is 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 wi thout such consent shall be void and without legal effect and shall constitute grounds for termi nation. Subcontracts, if any, shall contain a provision making them subject to all provisions sti pulated in this Agreement. Nothing contained herein shall prevent Consultant from employing inde pendent 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 emp loyee 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.

(iv) The policy shall contain no endorsements or p rovisions 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.
(v) The policy shall give City, its officials, off icers, 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 eit her 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 sh all be at least as broad as Insurance Services Office Form Number CA 0 0 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, o fficers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the a utomobile 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 th e provisions of Section 3700 of the California Labor Code which requires ev ery employer to be insured against liability for workers’ compensation or to undertake self-insu rance in accordance with the provisions of that code, and he/she will comply with such provisi ons 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 performa nce of the work under this Agreement, the Consultant shall maintain full compensation insuran ce for all persons employed directly by him/her to carry out the work contemplated under th is 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 Emp loyer’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 c overage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
73 5

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 t he 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 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 occurr ence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single l imit Employer’s Liability $1,000,000 per accident or d isease Professional Liability $1,000,000 per claim and a ggregate (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 coverag e, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. A ny 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 Certific ate 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, wher e 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 thir ty (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 74 6

of this Agreement, the Consultant shall deliver ren ewal certificate(s) including the General Liability Additional Insured Endorsement to the Cit y at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Au tomobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 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 pe riod 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 wi th a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for t he 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 complianc e 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 a nd insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separat ely to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

(ii) If at any time during the life of the Agreemen t, any policy of insurance required under this Agreement does not co mply with these specifications or is canceled and not replaced, City has the right but n ot the duty to obtain the insurance it deems necessary and any premium paid by City will be prom ptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Con sultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provid e complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, off icers, employees, agents or volunteers shall be personally responsible for a ny liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultan t 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.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professi onal” services (as that term is defined under Civil Code section 2782.8), then, and only to the e xtent 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.

(“Prevailing Wage Laws”). If the services are bein g 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 t o 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 Preva iling Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (La bor 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 Secti on 1777.1). The requirement to submit certified payroll records directly to the Labor Com missioner 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 Co de Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such s ervices must be registered with the Department of Industrial Relations. Consultant sha ll 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 complian ce monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labo r compliance requirements. Any stop orders issued by the Department of Industrial Relations ag ainst Consultant or any subcontractor that affect Consultant’s performance of services, includ ing any delay, shall be Consultant’s sole responsibility. Any delay arising out of or result ing from such stop orders shall be considered Consultant caused delay and shall not be compensabl e by the City. Consultant shall defend, indemnify and hold the City, its officials, officer s, employees and agents free and harmless from any claim or liability arising out of stop orders i ssued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies t hat it fully complies with all requirements and restrictions of state and federal law respectin g 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.

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 comple ted prior to termination. If said termination 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. Consultan t 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 Syed Raza, PE, 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: Jeffrey Kim, Department of Engineering
CONSULTANT:

AC Martin
900 Wilshire Blvd. Suite 2800
Los Angeles, CA 90017
Attn: TBD

78 10

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.

Consultant represents that it is an equal opportuni ty 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 intere sts 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 e ntire understanding of City and Consultant as to those matters contained herein, an d supersedes and cancels any prior or contemporaneous oral or written understanding, prom ises or representations with respect to those matters covered hereunder. Each Party acknow ledges 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 inur e 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 operatio n 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 c onsidered 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
79 11

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 sol ely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it ha s 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 othe r consideration contingent upon or resulting from the award or making of this Agreement. For br each or violation of this warranty, City shall have the right to rescind this Agreement without li ability. For the term of this Agreement, no director, official, officer or employee of City, du ring the term of his or her service with City, shal l have any direct interest in this Agreement, or obta in any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
80 12

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
AC Martin

By:

TBD
TBD

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
Director of Public Works/City Engineer

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha Voss
Director of Human Resources & Risk Management

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Purchasing

81 EXHIBIT A
Scope of Services

82 Complete Design & Construction Services include all of the following renovation plans required to renovate the space and install the new exhibits.
• Concept Design
• Schematic Design Development
• Construction Documents
• Bidding & Plan Check
• Construction Administration Services
• Close Out
The design team includes the following disciplines:
• Architectural
• Exhibit Design
• MEP
• Security
• Audio Visual
• Acoustics
• Structural
• Fire Life Safety/Accessibility Review*
• Specifications
• Cost Estimation
All work associated with this project shall conform to
the City’ s standard plans, Greenbook specifications,
including any amendments made by the City, Municipal
Code, Uniform Building Codes, Local Ordinances,
State Regulations, Administrative Policies and any other governing regulations applicable to this project.

The A/E team’ s overall responsibility and scope of work is to prepare construction drawings, bid specifications, construction cost estimates, and provide construction
support. Construction support services will take place
during the bidding and construction phases of the
project. The Consultant will be expected to meet
with the City to discuss the preliminary design of the
space and also meet several other times to discuss
design progress. The consultant shall detail all tasks
anticipated during the design and construction of the
proposed Project.

At a minimum, the A/E team shall provide professional
services to support the following tasks:

Scope of Work/
Deliverables

1. Provide overall project management and
supervision of A/E team.

2. Organize meetings (including kick-off meeting)
to define the roles and responsibilities, and
determine which deliverables are necessary to
meet the project approval requirements.

3. The A/E team shall meet with City staff to get a
complete understanding of desires and goals of
the project, and then shall prepare a conceptual
rendering of the proposed Children’ s Center and
shall include driving factors for decision making.

It is anticipated that the conceptual plan will
need to be modified at least once to address City
comments before authorization to proceed with
the plans and technical specifications.

4. Preparation of a detailed project budget,
construction cost estimates, and design/
construction schedule for review and approval by
the City of Fontana.

5. Preparation of all plans and design specifications
required for the tenant improvements and
exhibits installation. The consultant shall provide
any technical specifications required for this
design. Specifications shall be prepared utilizing
the latest Uniform Building Codes and any other
governing regulations applicable to this project.

The Consultant should account for up to four (4)
rounds of City reviews and revisions to finalize the
proposed design.

6. Itemized Construction Cost Estimates shall be
provided for all proposed improvements. The
estimate shall be submitted for review with the
second plan check package or when specifically
requested by the City of Fontana and shall be
updated throughout the design process until the
plans are approved.

7. Construction support services during bidding and
installation of the designed improvements. This
includes submittal & RFI reviews.

8. Attend various meetings with City staff, as
requested by the City.

9. The A/E team shall revise the construction
plans to “Record Drawings” based on the as-
built drawings submitted by the Construction
Contractor upon completion of the construction
of the project.* Fire Alarm and Sprinklers assumed to be deferred scope.

CITY OF FONTANA, STEAM CENTER AT LEWIS LIBRARY / 2

G / PROFESSIONAL FEE
83 EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

84 DISCIPLINE FIRM NAME

PROGRAM

V ALIDA TION &

FEASIBILITY /

CONCEPT

SD/DD CD PLANCHECK /

BIDDING CA PHASE CLOSE OUT SUBTOTAL
Architecture AC Martin $49,000 $92,000 $135,000 $35,000 $74,000 $4,500 $389,500 Exhibit Design THG Creative $60,000 $40,000 $0 $0 $0 $0 $100,000 MEP MEP Cal $27 ,599 $39,500 $59,000 $0 $22,500 $0 $148,599 Audio Visual / Security PLANNET $0 $18,163 $17 ,377 $2,448 $12,732 $0 $50,720 Acoustical AES $1,530 $7 ,140 $3,315 $0 $2,397 $0 $14,382 Structural MHP $2,100 $2,600 $3,150 $1,050 $1,600 $0 $10,500 Landscape EPT $6,000 $9,000 $15,000 $3,000 $6,000 $500 $39,500 FLS /
Accessibility Review SGH $0 $14,100 $12,900 $13,400 $4,300 $0 $44,700 Specifications Ivy Glasgow $0 $0 $7 ,850 $1,800 $0 $0 $9,650 Cost Estimation Dharam $6,500 $16,400 $23,800 $0 $0 $0 $46,700 Subtotal $152,729 $238,903 $277 ,392 $56,698 $123,529 $5,000 $854,251 Reimbursables $10,200
TOTAL $864,451
Fee
Remarks

1. The fee is valid for 90 days.

2. THG Creative scope is for development of exhibit intent (up to SD/DD Phase) only.

3. Fire Alarm and Fire Sprinkler scope is assumed to be deferred.

4. Specifications Div 00 to be client's responsibility.

5. Low Voltage is excluded per RFI response.

CITY OF FONTANA, STEAM CENTER AT LEWIS LIBRARY / AC MARTIN / 3 85 Our Rates
AC Martin, Inc. - Billing Rates

PERSONNEL BILLING SCHEDULE
Fiscal Y ear January thru December 2026

MANAGEMENT
MANAGING PRINCIPAL $385
STUDIO PRINCIPAL $310-375
DESIGN PRINCIPAL $345
PRINCIPAL $295
PROJECT DIRECTOR $265-295
SENIOR PROJECT MANAGER $229-270
PROJECT MANAGER $218-260
DESIGN
DESIGN DIRECTOR $270
GRAPHIC DESIGN DIRECTOR $218
SENIOR DESIGNER $218-229
DESIGNER III $17 7-202
DESIGNER II $146-176
DESIGNER I $125-145
INTERN $105

PLANNING
DIRECTOR $269
SENIOR PLANNER $230
PLANNER III $151-185
PLANNER II $140-150
PLANNER I $125-140

TECHNICAL
TECHNICAL DIRECTOR $310
SENIOR PROJECT ARCHITECT $240-310
PROJECT ARCHITECT $218-239
SENIOR PROJECT COORDINATOR $239
PROJECT COORDINATOR III $17 7-239
PROJECT COORDINATOR II $146-176
PROJECT COORDINATOR I $125-145
SENIOR CONSTRUCTION ADMINISTRATOR $245
SENIOR PROJECT ADMINISTRATOR $195
CONSTRUCTION ADMINISTRATOR $170
PROJECT ASSISTANT/ADMINISTRATOR $117-135

DIGIT AL PRACTICE
DIGITAL PRACTICE DIRECTOR $255
BIM MANAGER $215
Hourly Rates
CITY OF FONTANA, STEAM CENTER AT LEWIS LIBRARY / 4

G / PROFESSIONAL FEE
86 Ranking Results
Children’s STEAM Center at Lewis Library Project
DE-26-101-SP
Firm Rank
AC Martin 1
Los Angeles, CA
Devlin 2
Denver, CO
TSK Architects 3
Los Angeles, CA
Robinson Hill 4
Costa Mesa, CA
GS Lee 5
Irvine, CA
Bricolage 6
Santa Monica, CA
Carrier Johnson 7
Los Angeles, CA
GO Architects 8
Upland, CA
SVA Architects 9
Santa Ana, CA
PBK 10
Rancho Cucamonga, CA
Higginson 11
Redlands, CA
87 CHILDREN'S STEAM CENTER AT LEWIS LIBRARYRENOVATION PROJECT 0SCALE 1:6001200600

PROJECT LOCATION
N
88 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0963 Agenda Date: 5/12/2026
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Transportation Development Act (TDA) Catawba Avenue Safe Routes to School Project (Bid No. DE-26-73-SB)
RECOMMENDATION:

DISCUSSION:

The Catawba Avenue Safe Routes to School Project consists of constructing sidewalk, access return ramps, curb and gutter, asphalt concrete pavement, driveway approaches, and restoring all areas and improvements to pre-construction conditions.

On October 4, 2023, the San Bernardino County Transportation Authority (SBCTA) approved funding in the amount of $396,348.00 from the Transportation Development Act (TDA), Article 3 Bicycle and Pedestrian Facilities Program for the Catawba Avenue Safe Routes to School Project. On December 12, 2023, the City Council approved the adoption of Resolution No. 2023-115, authorizing the submittal and request for reimbursement(s) for TDA Article 3 funds for the Catawba Avenue Safe Routes to School Project in the amount of $396,348.00, and that the Public Works Director/City Engineer is authorized to certify project completion.

City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
89 File #: 26-0963 Agenda Date: 5/12/2026
Agenda #: F. Category: Consent Calendar
On April 2, 2026, bids for this contract were opened. A total of seventeen (17) bids were received ranging from $783,471.00 to $1,192,277.00. Kalban, Inc. is the lowest bidder in the amount of $783,471.00. The Engineer’s Estimate was $890,000.00. After reviewing the proposed bid documents, Purchasing and Engineering staff have determined Kalban, Inc. to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $861,818.10, for the full term of the construction contract and $621,818 is included in FY 2025-26 Current Budget in Project 37600068- 303-D-8329 and Project 37600068-246-D-8329. Additional budget is being requested in the FY 2025- 26 third quarter budget report to increase budget for the construction phase in the amount of $240,000.00 to Project 37600068-246-D-8329.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
90 Bid Results

CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT
(DE-26-73-SB)

1. Kalban, Inc $783,471.00
Santa Clarita, CA

2. DT Stellar General Engineering $813,500.00
Winchester, CA

3. KNC Construction, Inc $821,000.00
Apple Valley, CA

4. TVR Construction Engineering LLC $ 848,980.00
Riverside, CA

5. Dash Construction Company, Inc $874,230.50
Woodland Hills, CA

6. Van Engineering, Inc $926,716.50
Wildomar, CA

7. Gentry General Engineering, Inc $939,248.00
Colton, CA

8. Global Builders, Inc $939,888.00
Laguna Hills, CA

9. All American Asphalt $961,202.00
Corona, CA

10. Estate Design and Construction $965,000.00
Culver, CA

11. Three Peaks Corp $970,726.00
Calimesa, CA

12. EBS General Engineering, Inc $1,008,781.00
Corona, CA

91 Bid Results

CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT
(DE-26-73-SB)

13. CT&T Concrete Paving, Inc $1,011,823.98
Diamond Bar, CA

14. LCR Earthwork & Engineering, Corp. $1,022,965.00
Jurupa Valley, CA

15. Addison-Miller, Inc $1,049,908.20
Orange, CA

16. Vido Samarzich, Inc $ 1,078,140.00
Santa Ana, CA

17. Environmental Construction, Inc $1,192,277.00
Woodland Hills, CA

92 City of Fontana
CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT (DE-26-73-SB), bidding on 04/02/2026 2:00 PM (PDT)

Page 1 of 4 ends

Printed 04/08/2026
PlanetBids
93 City of Fontana
CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT (DE-26-73-SB), bidding on 04/02/2026 2:00 PM (PDT)

Page 2 of 4 ends

Printed 04/08/2026
PlanetBids
94 City of Fontana
CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT (DE-26-73-SB), bidding on 04/02/2026 2:00 PM (PDT)

Page 3 of 4 ends

Printed 04/08/2026
PlanetBids
95 City of Fontana
CATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT (DE-26-73-SB), bidding on 04/02/2026 2:00 PM (PDT)

Page 4 of 4 ends

Printed 04/08/2026
PlanetBids
96 N01 inch = 600 feet1200600

PROJECT LOCATIONCATAWBA AVENUE SAFE ROUTES TO SCHOOL PROJECT 97 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0965 Agenda Date: 5/12/2026
Agenda #: G. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Third Amendment to the Disposition and Development Agreement between the City of Fontana, Fontana Housing Authority and Fontana Courtplace I Housing Partners, L.P.

RECOMMENDATION:

Acting as the City Council and the Housing Authority Board of Directors, jointly adopt Resolution No. 2026-030 and Resolution No. HA 2026-002 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

THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE

FONTANA HOUSING AUTHORITY, CITY OF FONTANA AND FONTANA COURTPLACE I HOUSING PARTNERS, L.P.; AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.

DISCUSSION:

The City of Fontana and the Fontana Housing Authority (collectively, the "City") entered into a Disposition and Development Agreement (“DDA”) with Fontana Courtplace I Housing Partners, L.P. ("Fontana Courtplace") on November 15, 2023, for the development of a 50-unit affordable family- apartment housing project. The project is located on 1.94 acres of unimproved land on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south. The DDA was subsequently amended on February 1, 2025 (“First DDA Amendment”) and on August 1, 2025 (“Second DDA Amendment”). This third amendment reflects the current status of the project and the necessary adjustments to facilitate its financing and development.

Since August 1, 2025, Fontana Courtplace has been awarded 9% Tax Credits from CTCAC, rather than the 4% contemplated in the Second DDA Amendment, which reduces the City subordinate loan requirement by $1,800,000.

This Third DDA Amendment changes the DDA to accommodate the project's financing and development needs and introduces the following changes:
· City Subordinate Loan (Section 2 & 3): The definition and purpose of the City Subordinate City of Fontana Printed on 5/7/2026Page 1 of 3
powered by Legistar™
98 File #: 26-0965 Agenda Date: 5/12/2026
Agenda #: G. Category: Consent Calendar
Loan are amended to specify a total principal amount of $8,737,692.16 in gap financing to account for the Tax Credits and maintain $2,800,000.00 in acquisition financing. · Funding Sources (Section 4): The amendment details the specific funding sources for the City's loan, which include:
o Federal HOME (FY 2018-23 + PI) Funds: $2,700,000.00
o Affordable Housing Trust Fund (Development Impact Fees): $3,337,692.16 o General Funds: $2,700,000.00
· Preliminary Project Budget (Section 5): The existing Preliminary Project Budget (Exhibit D) is replaced with a new budget attached as Schedule 1.
· Regulatory Agreement (Section 6): The Regulatory Agreement (Exhibit L) is amended to reinsert all references to "Affordable Rent for 40% of Median Income Tenants" and establish a new, specific unit mix for the affordable units as follows:
o 5 units for families at 30% of Median Income (0 one-bedroom, 3 two-bedroom, 2 three- bedroom).
o 10 units for families at 40% of Median Income (2 one-bedroom, 6 two-bedroom, and 2 three-bedroom).
o 15 units for families at 50% of Median Income (3 one-bedroom, 10 two-bedroom, and 2 three-bedroom).
o 19 units for families at 60% of Median Income (2 one-bedroom, 10 two-bedroom, and 7 three-bedroom).
o Maintain one manager's unit (two-bedroom).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000, et seq.) (CEQA), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.) the City determined that a Mitigated Negative Declaration (“MND”) be prepared in order to analyze all potential adverse environmental impacts of proposed multi-level residential affordable apartment buildings with associated green space, community gathering areas, vehicle parking, landscaping, and security fencing on approximately 4.8-acres of land (“Courtplace Project”). The City prepared and adopted the Courtplace Project MND for the Courtplace Project on November 1, 2022 (SCH#: 2022100111) and approved a Mitigation Monitoring and Reporting Program for the Project. Under the MND, the Property and the Project are Phase 1 of the Courtplace Project.

Pursuant to CEQA, when taking subsequent discretionary action in furtherance of a project for which an MND has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under the Public Resources Code section 21166 and City of Fontana Printed on 5/7/2026Page 2 of 3
powered by Legistar™
99 File #: 26-0965 Agenda Date: 5/12/2026
Agenda #: G. Category: Consent Calendar
State CEQA Guidelines section 15162 require additional environmental review. Staff evaluated this Resolution approving the Third DDA Amendment in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

In connection with this Resolution approving the Third DDA Amendment and the City Council’s and Authority Board’s review of the Courtplace Project MND, staff recommends that the City Council and the Authority Board independently review all the prior environmental documentation prepared for the Courtplace Project, exercise their independent judgment, and make the determination that the Courtplace Project MND fully analyzed and with the adoption of the Mitigation and Monitoring Reporting Program, mitigated all potentially significant environmental impacts, if any, that would result from the Resolution approving the Third DDA Amendment, and therefore, no subsequent EIR or mitigated negative declaration is required.

FISCAL IMPACT:

The fiscal impact is the City Subordinate Loan that will be amended to specify a total principal amount of $8,737,692.16 in gap financing and maintain $2,800,000.00 in acquisition financing. The funding for the loan will be partially provided by the City’s General Fund ($2,700,000.00).

MOTION:

Approve Staff recommendation.

City of Fontana Printed on 5/7/2026Page 3 of 3
powered by Legistar™
100
CC Resolution No. 2026-030/FHA Resolution No. 2026-002

1 of 6
CITY COUNCIL RESOLUTION NO. 2026-030
FONTANA HOUSING AUTHORITY RESOLUTION NO. 2026-002

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 THIRD AMENDMENT

TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN

THE FONTANA HOU SING AUTHORITY, CITY OF FONTANA, AND
FONTANA COURT PLACE I HOUSING PARTNERS, L.P. ; AND

DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION

WHEREAS, the City of Fontana (“City”) owns certain real property consisting of

1.94 acres of unimproved land located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (“Property”); and

WHEREAS, the City has no use for the Property and desires to sell it to Fontana Courtplace I Housing Partners, L.P., a California limited partnership (“Purchaser”) for the construction of a 50 unit affordable family-apartment housing project (“Project”); and

WHEREAS, Purchaser, the City, and the Fontana Housing Authority (“Authority”) negotiated a disposition and development agreement (“DDA” ) under which the City agreed, subject to the terms and conditions provided therein, to convey the Property to Purchaser for the construction of the Project; and

WHEREAS, on Oct ober 24, 2023, the City Council : (1) determined that the Property qualified as “exempt surplus land” under the Surplus Land Act pursuant to Government Code section 54221(f)(1)(A); (2) declared the City’s intent to sell the Property to Purchaser in accordance with the DDA; and (3) set a public hearing for November 14, 2023, to consider any protests to the City’s conveyance of the Property . Following a public hearing held on November 14, 2023, the City Council and the Authority’s Board of Directors (“Authority Board”) approved the DDA and authorized the City Manager and the Authority’s Executive Director to execute the same. Collectively, the foregoing satisfied the City’s Surplus Land Act and Government Code section 37420 et seq. obligations in connection with its disposition of the Property for the Project; and

WHEREAS, the DDA contemplates that the Project’s financing will come from multiple funding sources, including equity raised by the sale of federal (and, if applicable, state) low income tax credits (“Tax Credits”), a senior loan issued from a reputable intuitional lender, a loan from the City to Partnership consisting of $6,037,692.16 in gap financing and $2,800,000.00 in acquisition financing (“City Subordinate Loan”), and a loan from the Authority to Partnership consisting of $5,262,307.84 in gap financing (“Authority Subordinate Loan”); and

WHEREAS, under the DDA, the City’s obligation s to convey the Property to Partnership and fund the City Subordinate Loan, and the Authority’s obligation to fund the 101
CC Resolution No. 2026-030/FHA Resolution No. 2026-002

2 of 6
Authority Subordinate Loan, are subject to numerous conditions precedent, including the Project receiving a Tax Credit allocation from the California Tax Credit Allocation Committee (“CTCAC”); and

WHEREAS, affordable housing projects throughout California compete for a limited a mount of T ax Credits . Obtaining a Tax Credit allocation from CTCAC is competitive and projects are often unsuccessful; and

WHEREAS, when the DDA was approved, Purchaser maintains that the Project was competitive based on previous projects that received Tax Credit allocations from CTCAC. Competition has since increased, and the Project did not receive a Tax Credit allocation in CTCAC’s most recent funding round (2024 Round 2); and

WHEREAS, Purchaser, the City, and the Authority desire d to increase the Project’s competitiveness for a Tax Credit allocation from CTCAC. Among the ways to do so was increasing the amount of financial assistance provided to the Project; and

WHEREAS, with the above in mind, the City agreed to increase the City Subordinate Loan’s gap financing amount by $2,000,000.00, for a new gap financing loan amount consisting of $8,037,692.16; and

WHEREAS, on February 1, 2025 , the Authority, the City, an d Purchaser negotiated the first amendment to the DDA to memorial ize the terms and conditions governing the increased City Subordinate Loan amount and clarified the deadline by which Purchaser must obtain a Tax Credit allocation from CTCAC; and

WHEREAS, on August 1, 2025, the Authority, the City, and Purchaser negotiated a second amendment to the DDA (“Second DDA Amendment”) which, among other things, increase d the amount of the City Subordinate Loan to $10,837,692.16 in gap financing and $2,800,000 in acquisition financing ; provide d for the right to apply for additional rounds of 4% tax credits; amended the unit mix; and granted the City Manager the authority to approve future changes to the unit mix; and

WHEREAS, since August 1, 2025, Purchaser has been awarded 9% Tax Credits from CTCAC, rather than the 4% originally contemplated in the Second DDA Amendment; and

WHEREAS, the Authority, the City, and Purchaser have negotiated a third amendment to the DDA (“Third DDA Amendment”) which, decreases the amount of the City Subordinate Loan to $8,737,692.16 in gap financing to account for the 9% Tax Credit Purchaser recently received, and amends the unit mix; and

WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City determined that a Mitigated Negative Declaration (“MND”) be prepared in order to analyze all potential adv erse environmental impacts of proposed multi-level residential affordable apartme nt buildings with associated green space, 102
CC Resolution No. 2026-030/FHA Resolution No. 2026-002

3 of 6
community gathering areas, vehicle parking, landscaping, and security fencing on the approximately 4.8-acres of land (“Courtplace Project”); and

WHEREAS, the City prepared and adopted the Courtplace Project MND for the Courtplace Project on November 1, 2022 (SCH #: 2022100111) and approved a Mitigation Monitoring and Reporting Program for the Project . Under the MND, the Property and the Project are Phase I of the Courtplace Project; and

WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an MND has been adopted, the lead agency is required to review any changed circumstances to determine whether an y of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and

WHEREAS, staff evaluated this Resolution approving the Third DDA Amendment in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA; and

WHEREAS, in connection with this Resolution app roving the Third DDA Amendment and the City Council’s and the Authority Board’s review of the Courtplace Project MND, the City Council and the Authority Board have independently reviewed all the prior environmental documentation prepared for the Courtplace Project, and have exercised their independent judgment in making the determination that the Courtplace Project MND fully analyzed and mitigated, all potentially significant environmental impacts, if any, that would result from the Resolutio n approving the Third DDA Amendment, and therefore, no subsequent EIR or mitigated negative declaration is required; and

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AND THE HOUSING AUTHORITY OF THE CITY FONTANA DO HEREBY RESOLVE AS FOLLOWS:

Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

Section 2. CEQA Findings. The City Council and the Authority Board have reviewed and considered the Courtplace Project MND and the Mitigation, Monitoring, and Reporting Program, pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guideline s for Implementing CEQA, and have independently determined that the Courtplace Project MND fully analyzed and with the adoption of the Mitigation and Monitoring Reporting Program, mitigated all potentially significant environmental impacts, if any, that would result from this Resolution approving 103
CC Resolution No. 2026-030/FHA Resolution No. 2026-002

4 of 6
the Third DDA Amendment, and therefore, no subsequent EIR or mitigated negative declaration is required.

Section 3. Approval. The City Council and the Authority Board hereby approve the Third DDA Amendment attached hereto as Exhibit “A” and incorporated herein by reference. The City Council and the Authority Board authorize the City Manager and the Executive Director , respectively, in consultation with the City At torney, to take all necessary actions to effectuate the execution of the Third DDA Amendment, and make any minor revisions to the documents necessary to effectuate the intent of the parties.

Section 4. Notice of Exemption. Staff is hereby directed to prepare, execute and file with the San Bernardino County Clerk a Notice of Determination within five working days of the approval of this Resolution.

Section 5. Custodian of Documents. The custodian of documents constituting the record of proceedings for this matter is the City Clerk. The documents constituting the record of proceedings are located at City Hall at 8353 Sierra Avenue, Fontana, CA 92335.

Section 6. Severability. If any provision of this Resolution is held invalid by a court of competent jurisdiction, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

Section 7. Effective Date . This Resolution is effective immediately upon adoption. The Third DDA Amendment takes effect as provided therein.

The City Clerk of the City of Fontana shall certify as to the adoption of this Resolution.

APPROVED AND ADOPTED this 12th day of May 2026.

READ AND APPROVED AS TO LEGAL FORM:

_____________________________________
City Attorney
Authority Special Counsel

104
CC Resolution No. 2026-030/FHA Resolution No. 2026-002

5 of 6
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council and Secretary of the Fontana Housing Authority , do hereby certify that the foregoing resolution is the actual resolution duly and re gularly adopted by the City Council and Fontana Housing Authority at a regular meeting on the 12th day of May 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________________
City Clerk of the City of Fontana
Secretary of the Fontana Housing Authority

_____________________________________
Mayor of the City of Fontana

_____________________________________
Chairperson of the Fontana Housing Authority

ATTEST:

_______________________________
City Clerk
Secretary of the Fontana Housing Authority

105
CC Resolution No. 2026-030/FHA Resolution No. 2026-002

6 of 6
EXHIBIT “A”

THIRD DDA AMENDMENT

106
16498.40126\44895507.2

THIRD AMENDMENT TO

DISPOSITION AND DEVELOPMENT AGREEMENT

This Third Amendment to Disposition and Development Agreement (the “Amendment”), is made and entered into as of May 12 , 2026, by and between Fontana Housing Authority, a public body, corporate and politic (the “Authority”), the City of Fontana, California, a municipal corporation (the “City”), and Fontana Courtplace I Housing Partners, L.P., a California limited partnership. (the “Partnership”). The Authority, the City, and the Partnership are collectively the “Parties.” The Parties have entered into this Amendment with reference to the following:

R E C I T A L S:

A. WHEREAS, the Parties entered into that certain Disposition and Development Agreement dated November 15, 2023 (the “2023 DDA”), as amended by that certain First Amendment to Disposition and Development Agreement dated as February 1, 2025 (the “First Amendment”), as further amended by that certain Second Amendment to Disposition and Development Agreement dated as of August 1, 2025 (the “Second Amendment,” and collectively with the 2023 DDA and the First Amendment, the “Original Agreement”); and B. WHEREAS, the Parties desire to amend the Original Agreement as set forth in this Amendment.

A G R E E M E N T:

1. Original Agreement. Except as amended hereby, the Original Agreement remains unmodified and in full force and effect. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Original Agreement.

2. City Subordinate Loan. The definition of “City Subordinate Loan” in Section 1.1.13 of the 2023 DDA, as amended by the First Amendment and further amended by the Second Amendment, is hereby deleted in its entirety and replaced with the following:
“1.1.13 “City Subordinate Loan” means the loan to be made to the Partnership pursuant to Section 11.5 consisting of Eight Million Seven Hundred Thirty Seven Thousand Six Hundred Ninety Two Dollars and Sixteen Cents ($8,737,692.16) in gap financing and Two Million Eight Hundred Thousand Dollars ($2,800,000.00) in acquisition financing.”

3. City Loan Amount and Purpose. Section 11.5 of the 2023 DDA, as amended by the First Amendment and the Second Amendment, is hereby deleted in its entirety and is replaced with the following:
“11.5 City Loan Amount and Purpose. Subject to the terms and conditions of this Agreement, City agrees to loan to Partnership, the City Subordinate Loan in the principal amount of Eight Million Seven Hundred Thirty Seven Thousand Six Hundred Ninety Two Dollars and Sixteen Cents ($8,737,692.16) in gap financing and Two Million Eight Hundred Thousand Dollars ($2,800,000.00) land loan which City Subordinate Loan shall close (i.e., the City Subordinate Loan Deed of Trust shall record in the Official Records and the undisbursed gap financing portion of the City Subordinate Loan shall, subject to Section 15, be disbursed to the Construction Lender) concurrently with the Construction Loan Closing (the “City Subordinate Loan Closing”).
107
16498.40126\44895507.2

4. City Loan Note, and Deed of Trust. Section 11.6 of the 2023 DDA, as amended by the First Amendment and as further amended by the Second Amendment, is hereby deleted in its entirety and is replaced with the following:
“11.6 City Loan Note, and Deed of Trust.

11.6.1 The City Subordinate Loan shall be evidenced by the City Subordinate Loan Note and shall be secured by the City Subordinate Loan Deed of Trust.

11.6.2 Funding Sources. The City has identified the following funding sources to be applied to this Project:
(A) Federal HOME (FY 2018-23 + PI) Funds: $2,700,000.00; (B) Affordable Housing Trust Fund (Development Impact Fees):
$3,337,692.16; and
(C) General Funds: $2,700,000.00.”

5. Exhibit D; Preliminary Project Budget. The Preliminary Project Budget attached as Exhibit D to the 2023 DDA, as amended by the First Amendment and as further amended by the Second Amendment, is hereby deleted in its entirety and replaced with the budget attached hereto as Schedule 1.

6. Exhibit L; Regulatory Agreement. The Regulatory Agreement attached as Exhibit L to the 2023 DDA, as amended by the Second Amendment, is hereby amended as follows; (a) Section 8.1.3 – “Affordable Rent for 40% of Median Income Tenants” is hereby reinserted.
(b) Section 8.1.12 – “40% of Median Income Tenants” is hereby reinserted. (c) Section 8.2.1 is hereby deleted in its entirety and replaced with the following:
“8.2.1 Affordable Unit Mix (City Units). As hereinafter more particularly provided, Developer shall use the Property and the Improvements as multi-family rental housing and ancillary purposes as follows:

A. 5 of the Units shall be leased to families who are 30% of Median Income Tenants at Affordable Rent for 30% of Median Income Tenants, of which 0 of said units shall be a one-bedroom unit, 3 shall be two-bedroom units, and 2 shall be three-bedroom units; B. 10 of the Units shall be leased to families who are 40% of Median Income Tenants at Affordable Rent for 40% of Median Income Tenants, of which 2 of said units shall be a one-bedroom unit, 6 shall be two-bedroom units, and 2 shall be three-bedroom units; C. 15 of the Units shall be leased to families who are 50% of Median Income Tenants at Affordable Rent for 50% of Median Income Tenants, of which 3 of said units shall be a one-bedroom unit, 10 shall be two-bedroom units, and 2 shall be three-bedroom units;; D. 19 of the Units shall be leased to families who are 60% of Median Income Tenants at Affordable Rent for 60% of Median Income Tenants, of which 2 of said units shall be a one-bedroom unit, 10 shall be two-bedroom units, and 7 shall be three-bedroom units; and 108
16498.40126\44895507.2

E. one manager’s unit which shall be a two-bedroom unit.”

7. Applicable Law. This Amendment shall be construed and enforced in accordance with the laws of the State of California.

8. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy and all of which together shall constitute one agreement binding on all Parties hereto, notwithstanding that all the Parties shall not have signed the same counterpart.

9. Severability of Provisions. Each provision of this Amendment shall be considered severable, and if for any reason any provision which is not essential to the effectuation of the basic purposes of this Amendment is determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those provisions of this Amendment which are valid.

10. Amendment Binding. This Amendment shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives and permitted successors and assigns of the Parties hereto. Except as amended hereby, the Original Agreement remains unchanged and in full force and effect and the Parties hereto hereby ratify and reaffirm the terms of the Original Agreement as amended hereby.

11. Effective Date. This Amendment is dated May 12, 2026, for reference purposes only. This Amendment shall not become effective until the date on which all of the following are true: (a) this Amendment is approved and executed by the appropriate authorities of the Partnership; (b) following all legally required notices and hearings, this Amendment is approved by the City Council and the Authority Board; and (c) this Amendment is executed by the City Manager and the Executive Director.
(signatures begin on following page)
109
16498.40126\44895507.2

IN WITNESS WHEREOF , the Parties have duly executed this Amendment by their duly authorized signatories effective on or as of the date written at the commencement of this Amendment.

AUTHORITY:

FONTANA HOUSING AUTHORITY,
a public body, corporate and politic

By: ___________________________________
Matthew C. Ballantyne, Executive Director

Attest By:

By: _________________________
Germaine Key, Authority Clerk

CITY

CITY OF FONTANA, CA
a California municipal corporation

By: __________________________________
Matthew C. Ballantyne, City Manager

Attest By:

By: _________________________
Germaine Key, City Clerk

Approved as to form:

Best, Best & Krieger, LLP

By: _________________________
Ruben Duran, Esq.

City Attorney

(signatures continue on following page)
110
16498.40126\44895507.2

PARTNERSHIP

FONTANA COURTPLACE I HOUSING PARTNERS, L.P.,
a California limited partnership

By: Related/Fontana Courtplace I Development Co., LLC,
a California limited liability company,
its administrative general partner
By: ________________________________
Ann Silverberg, Authorized Signatory
By: FFAH V Fontana Courtplace I, LLC,
a California limited liability company,
its managing general partner
By: Foundation for Affordable Housing V, Inc.,
a California nonprofit public benefit corporation,
its managing general partner

By: _________________________________
Melissa Vincent, Vice President
By: LBI Southridge Fontana LLC,
a California limited liability company, its co-general partner By: LaBarge Industries, LLC,
a Delaware limited liability company,
its sole member
By: ________________________________
Josh LaBarge, President

111
16498.40126\44895507.2

Schedule 1

Exhibit D – Preliminary Project Budget

(begins on next page)
112
50 units
Budget

ACQUISITION COSTS
Purchase Price 2,800,000$
Other Acquisition Costs -$
TOTAL ACQUISITION COSTS 2,800,000$

PROFESSIONAL FEES
Architecture & Engineering 2,400,000$
Other Professional / Consulting 600,000$
TOTAL PROFESSIONAL FEES 3,000,000$

FEES AND PERMITS
City/County Fees and Permits 1,650,000$
Utility Fees/Costs 850,000$
TOTAL FEES AND PERMITS 2,500,000$

CONSTRUCTION COSTS
Offsite Improvements 1,166,344$
Site Improvements 4,485,019$
Residential Structures (Community Building Included) 11,335,877$ Contractor Contingency 379,659$
General Conditions 1,586,521$
Contractor Profit 947,671$
Contractor Insurance 56,860$
Construction Bond Premiums 189,534$
Construction Contingency 1,007,375$
Construction Management 200,000$
TOTAL CONSTRUCTION COSTS 21,354,860$

FINANCING COSTS
Gap Loan Costs 25,000$
Construction Loan Costs 150,000$
Construction Loan Fees 156,000$
Construction Period Interest 677,000$
Post-Construction Interest 345,000$
Permanent Loan Costs 50,000$
TCAC Fees 132,000$
Misc. Finance Costs 50,000$
TOTAL FINANCING COSTS 1,585,000$

OTHER COSTS
Furnishings, Fixtures & Equipment 300,000$
Marketing Costs 185,000$
Legal Fees 300,000$
Soft Cost Contingency 100,000$
Accounting / Audit / Insurance 515,000$
Developer Fees 2,500,000$
Other Costs / Reserves 155,725$
Market Study 19,500$
TOTAL OTHER COSTS 4,075,225$
TOTAL DEVELOPMENT COSTS 35,315,085$
EXHIBIT "D"

PRELIMINARY PROJECT BUDGET
113
50 Units
Budget

RENTING
Advertising 450$
Misc. Renting 1,250$
TOTAL RENTING 1,700$

ADMINISTRATION
Office 1,300$
Legal 1,600$
Audit 15,000$
Telephone/Computer 12,600$
Tenant Relations 800$
Misc. Administrative 4,500$
TOTAL ADMINISTRATION 35,800$

MANAGEMENT FEE
Contract Management 43,800$
TOTAL MANAGEMENT 43,800$

OPERATING
Electricity 10,750$
Water 46,500$
Rubbish Removal 19,500$
TOTAL OPERATING 76,750$

MAINTENANCE
Security 1,700$
Grounds 14,000$
Repairs 3,500$
Misc. Maintenance 12,900$
TOTAL MAINTENANCE 32,100$

SALARIES AND BENEFITS
Office Salaries 47,250$
Maintenance Salaries 58,240$
Payroll Taxes and Benefits 30,160$
TOTAL SALARIES AND BENEFITS 135,650$

TAXES AND INSURANCE
Real Estate Taxes 2,500$
Insurance 82,500$
TOTAL TAXES AND INSURANCE 85,000$

RESERVES AND OTHER EXPENSES
Replacement Reserves 15,000$
Social Programs 22,800$
TOTAL RESERVES AND OTHER COSTS 37,800$
TOTAL OPERATING EXPENSES 448,600$
EXHIBIT "D"

PRELIMINARY OPERATING EXPENSES
114
Construction Sources and Uses
Construction Sources
Construction Loan 15,451,961$
GP Equity 100$
Tax Credit Equity 1,622,299$
Residual Receipts Loan (Fontana Housing Authority) 5,262,308$ Residual Receipts Loan (City of Fontana) 8,737,692$
Land Acquisition Loan (City of Fontana) 2,800,000$
Deferred Developer Fee 1,250,000$
Deferred Operating Deficit Reserve 155,725$
Deferred TCAC Monitoring Fees 35,000$
Total Construction Sources 35,315,085$
Construction Uses
Total Development Cost 35,315,085$
Amount Over/(Under) -$
Permanent Sources and Uses
Permanent Sources
Tax Credit Equity 16,222,985$
GP Equity 100$
Permanent Financing 2,292,000$
Residual Receipts Loan (Fontana Housing Authority) 5,262,308$ Residual Receipts Loan (City of Fontana) 8,737,692$
Land Acquisition Loan (City of Fontana) 2,800,000$
Total Permanent Sources 35,315,085$
Uses
Total Development Cost 35,315,085$
Amount Over/(Under) -$
EXHIBIT "D"

SOURCES AND USES OF FUNDS
115
Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
INCOME
Gross Rental Income 688,848 709,513 730,799 752,723 775,304 798,564 822,521 847,196 872,612 898,790 925,754 953,527 982,133 1,011,597 1,041,944 Laundry Income 3,600 3,708 3,819 3,934 4,052 4,173 4,299 4,428 4,560 4,697 4,838 4,983 5,133 5,287 5,445 Vacancy @ 5.0% (34,622) (35,661) (36,731) (37,833) (38,968) (40,137) (41,341) (42,581) (43,859) (45,174) (46,530) (47,925) (49,363) (50,844) (52,369) EFFECTIVE GROSS INCOME 657,826 677,560 697,887 718,824 740,389 762,600 785,478 809,043 833,314 858,313 884,063 910,584 937,902 966,039 995,020

EXPENSES
Administrative (35,800) (36,874) (37,980) (39,120) (40,293) (41,502) (42,747) (44,029) (45,350) (46,711) (48,112) (49,556) (51,042) (52,574) (54,151) Management Fee (43,800) (45,114) (46,467) (47,861) (49,297) (50,776) (52,299) (53,868) (55,485) (57,149) (58,864) (60,629) (62,448) (64,322) (66,251) Operating (76,750) (79,053) (81,424) (83,867) (86,383) (88,974) (91,644) (94,393) (97,225) (100,141) (103,146) (106,240) (109,427) (112,710) (116,091) Maintenance (32,100) (33,063) (34,055) (35,077) (36,129) (37,213) (38,329) (39,479) (40,663) (41,883) (43,140) (44,434) (45,767) (47,140) (48,554) Salaries (135,650) (139,720) (143,911) (148,228) (152,675) (157,256) (161,973) (166,832) (171,837) (176,992) (182,302) (187,771) (193,404) (199,207) (205,183) Taxes (escalated at 2.00%) (2,500) (2,550) (2,601) (2,653) (2,706) (2,760) (2,815) (2,872) (2,929) (2,988) (3,047) (3,108) (3,171) (3,234) (3,299) Insurance (82,500) (84,975) (87,524) (90,150) (92,854) (95,640) (98,509) (101,465) (104,509) (107,644) (110,873) (114,199) (117,625) (121,154) (124,789) Renting (1,700) (1,751) (1,804) (1,858) (1,913) (1,971) (2,030) (2,091) (2,154) (2,218) (2,285) (2,353) (2,424) (2,497) (2,571) Social Programs (22,800) (23,484) (24,189) (24,914) (25,662) (26,431) (27,224) (28,041) (28,882) (29,749) (30,641) (31,561) (32,507) (33,483) (34,487) Replacement Reserves (15,000) (15,000) (15,000) (15,000) (15,000) (16,500) (16,500) (16,500) (16,500) (16,500) (18,150) (18,150) (18,150) (18,150) (18,150) TOTAL OPERATING EXPENSES (448,600) (461,583) (474,955) (488,728) (502,913) (519,023) (534,071) (549,570) (565,534) (581,975) (600,560) (618,002) (635,966) (654,469) (673,526) NET OPERATING INCOME 209,226 215,977 222,932 230,096 237,476 243,577 251,407 259,472 267,780 276,338 283,503 292,583 301,936 311,570 321,494 EXHIBIT "D"
15 YEAR CASH FLOW PROJECTIONS
116
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0966 Agenda Date: 5/12/2026
Agenda #: H. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Approve an Agreement with The River’s Edge Ranch for Opioid Support and Response Services RECOMMENDATION:

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.

DISCUSSION:

In December 2021, the City Council adopted Resolution No. 2021-120 that authorized staff to opt into settlement agreements with various pharmaceutical distributors in order to receive claims over the following 18 years. The funds from these agreements are restricted to certain opioid abatement and remediation uses.

On March 16, 2026, proposals for this contract were opened and subsequently closed on March 30, 2026, at 2:00 p.m. A total of two (2) bids were received ranging from $310,104 to $419,540 for one year of services. River’s Edge Ranch submitted the apparent lowest and most qualified proposal in the amount of $310,104.

The River’s Edge Ranch, a registered 501 (c)(3) non-profit, is a residential rehabilitation program for men and women recovering from drug and alcohol addiction. The structured, multi-phase program combines daily work responsibilities on a functioning ranch with mentorship, counseling, and life- skills development. They are dedicated to addressing the needs of individuals affected by substance use disorder (SUD) and/or Opioid Use Disorder (OUD).

Their proposal includes staffing, outreach, van lease, operating costs and administrative costs for Opioid Support and Response Services. The River’s Edge Ranch proposal outlines a comprehensive opioid support and response program in the City of Fontana focused on outreach, case management, City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
117
File #: 26-0966 Agenda Date: 5/12/2026
Agenda #: H. Category: Consent Calendar
peer support, and linkage to treatment services for individuals experiencing opioid use disorder (OUD). The program would provide on-site and mobile outreach, intake and assessment, individualized recovery planning, and ongoing case management to connect participants to Medication-Assisted Treatment (MAT), behavioral health services, and other supportive resources.

Services would be delivered by a team including a program manager, case managers, and peer support specialists with lived recovery experience, and would emphasize trauma-informed care, relapse prevention, and long-term recovery stabilization. The program also includes a 24/7 helpline operated by peer support staff to provide immediate assistance, guidance during the intake process, and connection to appropriate services. Additionally, the proposal emphasizes coordination with local service providers, documentation and monitoring of outcomes, and community engagement to improve access to treatment and recovery resources for vulnerable populations.

City staff is satisfied based on its review that The River’s Edge Ranch offers the greatest demonstrated competence and qualifications necessary for the satisfactory performance of the professional services required at a fair and reasonable price. The first year of the contract will be $310,104 while subsequent year’s amounts will be based on available funding received from the settlement agreements.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is not to exceed $2 million for the full term of the five-year contract. The impact for the 2025-26 fiscal year will be approximately $16,000 and is included in the 2025-26 budget for Opioid Project # 30200025. It will be funded by Opioid Settlement Fund #226. All future costs will be included in the same fund in subsequent fiscal year budgets.

MOTION:

Approve Staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
118
1 16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
HD-26-159-SP

This Agreement is made and entered into as of May 13, 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 The Rivers Edge Ranch, a 501 (c)(3) Non-Profit with its principal place of business at 33433 Haynes Rd, Lucerne Valley, California 92356 (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:

Opioid Support and Response 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 “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $310,103.42 [Three Hundred Ten Thousand One Hundred Three Dollars and Forty-Two cents]. 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 119
2 16498.00150\32126437.1
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 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. Term.

The term of this Agreement shall be from June 1, 2026, to June 30, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed. 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 non - performing 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 su ch 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.
120
3 16498.00150\32126437.1

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner cons istent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

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 se cured 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 Gener al 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
121
4 16498.00150\32126437.1
(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.
(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 Automob ile 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 writt en 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 o f 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)
122
5 16498.00150\32126437.1
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.

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)

Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insu rer’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 123
6 16498.00150\32126437.1
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 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 mainta in 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 profess ional 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 124
7 16498.00150\32126437.1
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 Ci ty will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(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 provide d 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.

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 125
8 16498.00150\32126437.1
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 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 Consulta nt’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. 126
9 16498.00150\32126437.1
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or al l 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 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, a nd 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 Shawn Smith 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

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Philip Burum
CONSULTANT:

The River’s Edge Ranch
33433 Haynes Rd.

Lucerne Valley, California
92356 Attn: Doug Whiteman

and shall be effective upon receipt thereof.
127
10 16498.00150\32126437.1

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.

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.
128
11 16498.00150\32126437.1

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, Consult ant 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 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 hi s 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]
129
12 16498.00150\32126437.1

SIGNATURE PAGE
HD-25-65-SP

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
The River’s Edge Ranch

By:

Doug Whiteman
CEO
Attest:

By:

City Clerk’s Office

By:

Philip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By:

Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager
130
13 16498.00150\32126437.1

EXHIBIT A
Scope of Services

No. Service Type Description
1 Client-Centered Case
Management
Provide comprehensive, individualized case management
including assessment, service planning, coordination of resources, and ongoing progress monitoring to support
participant stabilization, recovery, and long -term self - sufficiency.
2 On-Site Support Provide a designated staff presence within the City of Fontana to deliver direct engagement, case management
services, and coordination of supportive resources a
minimum of two (2) days per week.
3 Mobile and Street
Outreach
Conduct field -based outreach to identify and engage
vulnerable individuals, complete needs assessments, and connect participants to appropriate housing, behavioral health, and supportive services.
4 24/7 Helpline/Phone
response
Maintain a 24 -hour, 7 -day-a-week helpline providing
immediate access to peer support staff for assistance, intake coordination, crisis response, and linkage to services. 5 Rapid Response Provide timely intervention and personalized support for individuals requiring urgent assistance, including assessment and connection to appropriate care and services within 48 hours of referral.
6 Peer Support Deliver peer mentorship, advocacy, and engagement services led by individuals with lived experience to promote recovery, build trust, and encourage continued participation in supportive services.
7 Withdraw Management
Services
Facilitate referrals and coordination with licensed providers for withdrawal management, medication -assisted treatment (MAT), and other clinically appropriate substance use
treatment services.
8 Supportive Services Provide referrals and linkages to behavioral health, medical care, housing resources, employment assistance, and other social services necessary to support participant stability and recovery.
9 Staff Workforce
Development
Provide training and workforce development opportunities for program graduates and individuals with lived experience to prepare them for employment as Peer Support Specialists and other service-related roles.
131

132
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0970 Agenda Date: 5/12/2026
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Task Order with LAE Associates, Inc. for the Building a Better Connected Inland Empire Project (Westgate at Cherry and Victoria Avenues)
RECOMMENDATION:

2. Authorize the City Manager to enter into any future amendments to the Task Orders for a total not to exceed $100,000.

DISCUSSION:

The Building a Better Connected Inland Empire Project is federally funded along Cherry Avenue from Baseline Avenue to just north of the SR 210 Freeway and along Victoria Avenue from Cherry Avenue to Kestrel Avenue within the Westgate Specific Plan Area. The project was successful with the award of $15 Million in FY 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant funds.

Major street improvements will be completed with the Project including additional lane capacity, integrated traffic system, medians with protected left turns, street lights, signage, roundabout, raised landscape medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 miles of multi-use trails, pedestrian crosswalks, and countdown signal heads.

City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
133
File #: 26-0970 Agenda Date: 5/12/2026
Agenda #: I. Category: Consent Calendar
The Project is nearing the completion of the design phase and will require extensive federal funding compliance documentation during the construction phase. Additionally, the Project will entail a large degree of coordination with utility agencies, including the undergrounding of overhead power and communication lines, the construction of new water lines, and work within Caltrans right-of-way.

On March 26, 2026, the City issued a Request for Proposals (RFP) to the City’s pre-qualified consultants list for Construction Management and Inspection Services for the Project. On April 16, 2026, proposals were received from four (4) firms interested in providing construction management and inspection services for the project. The cost proposals ranged from $693,520.00 to $999,995.00.

Evaluation of the proposals by staff determined that LAE Associates, Inc. was the most qualified consultant based on their thorough knowledge of the administration of federally funded construction projects, water line construction, coordination of power and communication line undergrounding, staff availability, and overall inspection and construction management service experience.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $949,235.00 for the full term of the Professional Services Agreement and is included in the Fiscal Year 2025-26 in Project 37600042-245 -D-8130 and Project 37600042-630-D-8130.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
134
CTAVE

LAS PALMAS DRHATCHER PL
WRIGHT

ASHLAND LN

VIOLET ST
WAKE

MEADE CT

REMINGTON CTLAURAMORE CT
BAY ST

CTBLUE LAKE

BIG SUR

MOFFET AVEYEAGER AVE

MINNESOTA WAYHAWAII WAY

STUART WAYGRANT WAY

BUNKER HILLTYLER LNSHERMAN PLBURNSIDE PLMCCLELLAN CTPLSLOCUMLONGSTREET LNWHIPPLE STBENNING CTPL

SOUTH HIGHLAND AVEDRAGONSNAP

DEL NORTE ST

DAISY CIR

BANANA AVE

SOUTH HERITAGE CIR

SHARON CTNORTH HERITAGEKITTY HAWKTRINITY STCIR

MCGUIREMISSOURI STTEXAS CT

COLORADO STWYOMING CTUTAH CTWALNUT AVEIOWA LNTENNESSEE CTINDIANA CTKENTUCKY AVEMAINE STNEW JERSEYWISCONSIN DROHIO LNILLINOIS CTNEW YORK AVE

NEBRASKA STMONTANA STOREGON STIDAHO STNEVADA CTARIZONA STKANSAS CTARKANSAS AVEOKLAHOMA AVENEW MEXICO CT

LINDBERG AVE

BASELINE AVE

LIBERTYPKWYBASELINE AVEBASELINE AVE

DARTMOUTH CTCTOXFORD CT

INDIGO LNPOPPY CT

BAR HARBOR RD

NIUMLUCIA DRBLUEBELL LNCORNERSTONEFERNLEAF STFUCHSIA CT

MAYFLOWER STGERACARNATION STPERIWINKLE DRKINGDOM CTGOLDEN LNHARVEST STCORNFLOWER CTALYSSUM CTSTBRIGHTON CTPRIMROSE CT

SIENA CTREDONDO CT

SAND DOLLAR ST

EASTRIDEOUT CTQUAIL CTWILIAMSBURG PKWYMENDOCINO CTDOHENY CT

SANTAWILLIAMSBURG PKWYEXETERGRAND AVEDARTMOUTH CTCAMBRIDGE CTCTGRAND AVESTANFORDCORNELL CTHARVARD CT

MCGUIRE AVE

QUAIL CTST

GEORGIA CTALABAMA CT

GRUMMAN AVEPOST LN

WALNUT AVE

CENTER AVE

CHERRY AVECHERRY AVE

SAN SEVAINE RD

CHERRY AVE

HEMLOCK AVEANDREA STIRONRIDGE CTGARDEN OAKS STFOXWORTH STBEARTREE STBLUFFVIEW STFREEHARBOR ST

BASELINE AVECLIPTON ST
I-15 FREEWAY

VICTORIA ST

BANANA AVE

KRISTA CTSANTA BARBARA CTCROCKETT CTDEL NORTE STSTARCATASTSTBODEGASTCTBASELINE AVE I-15 FREEWAY

STINSONCT

LUCERO WAYSUMMERLAND LN

HERITAGE CIRNORTH

SMITHFIELD CTMARYSVILLE PLWEBBCT

PRESTONELKHORN DRASHFORDLNOAKSPRING DR

BEARTREE STROYAL CREST PLREGAL PARK DRLUCERO DRDRPLCRESTGABELSOAK VALLEY DRSPRINGVIEW

KRISTINEAVEBEARTREE STROYAL CREST PLREGAL PARK DRLUCERO DRPLCRESTGABELSOAK VALLEY DRSPRINGVIEW

GARDEN ROSE STANDREA STFAIRHAVEN DRREVERE WAYARLINGTON CTDRWESTGATEARLINGTON ST

PLANGER LNPOINTE CTPEAK WAY

SAN SEVAINE RDFAIRHAVEN DRWESTGATE DRCENTERSTONEROCKFORDCTWAYEASTGATELNWINDERMERECAMDENCTCORY CTCERRITOS STPLUMROSE STIRONRIDGE CTHOLIDAY DRWAYPLUMROSE ST

BEECH AVE

WALNUT AVE

GRANITE CTHIGH CLIFFLN

LUCERO DRREGAL PARK DRHEMLOCK AVEGABELS CREST PLROYAL CREST PLWAYBELLGROVEROYAL CREST CTGABELS CREST WAYBLUE SPRUCE LNROSEWOODGOLDEN OAK LN

NORTH FRONTAGE RD

BEECH AVE

LIVE OAK AVE

VILLAGE PKWYBLACKTHORN DRELDERBERRY CTFOXGLOVE PLFIELDRUSH CTROSEBAY PLMANDRAKE CTLNSUNFLOWERANGELICALNSTCARNATION

CERRITOS PLCORY PLCERRITOS CTCORY WAYLUCERO DRREGALROYAL CREST WAY

EARHART AVEGATWICK AVECTEARP WAYMCDONNELLAVEAVOCADO CTBANYAN CTCANDLEWOODWAYBLACKOAK LN DRCIR

DUKE LNPEPPERDINE DRANNAPOLISCHESAPEAKEWAYWAYSULIVANLNPARKLNASHWOOD CTEDGEWOODLN

SAPLING LN
SR-210 FREEWAYWATERSTONEKEYSTONEHIGHSTONECREEKSTONEBLUESTONELEDGESTONE STPEBBLELNBROOKSTONE STWAYWAYWAYWAYWAYHEMLOCK AVE

AMERICANAWAY

REDSTONE WAYWELLSTONE WAYCANDLENUT WAYGOLD FINCH WAYCASEY WAYSIERRA LAKES PKWYLARKSTONE STSTARPASS WAY BUILDING A BETTER CONNECTED INLAND EMPIRE (WESTGATE SPECIFICPLAN ALONG CHERRY AND VICTORIA AVENUES) PROJECT0SCALE 1:125025001250 N

PROJECT LOCATION
135
Ranking Results

Building a Better Connected Inland Empire (RAISE GRANT) Project Construction Management and Inspection Services DE-24-195-SQ-12

Firm Rank

LAE Associates, Inc. 1
Yorba Linda, CA

Z&K Consultants, Inc. 2
Riverside, CA

TKE Engineering, Inc. 3
Riverside, CA

Onward Engineering 4
Anaheim, CA
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

1050 E. Yorba Linda Blvd., Unit 201, Placentia, CA 92870 (714) 993-2840
LAEassociates.com1
Associates, Inc.

PROJECT•CONSTRUCTION•PROGRAM MANAGEMENT Municipal Services • Staff Augmentation Contract Administration • Capital Project Planning Utility and Special District Services • City and Public Works Engineering

Page 1 of 2 ends

April 16, 2026
Ms. Gia Kim, P.E.

Public Works Director/City Engineer
Public Works Department
City of Fontana
16489 Orange Way
Fontana, CA 92335
Attention: Elias Alvarez, Purchasing Office
SUBJECT: FEE PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION (CM&I)

SERVICES FOR BUILDING A BETTER-CONNECTED INLAND EMPIRE (RAISE GRANT) PROJECT ALONG CHERRY AVENUE FROM BASELINE AVENUE TO STATE ROUTE 210 FREEWAY AND VICTORIA AVENUE FROM CHERRY AVENUE TO (SR-210) KESTRAL AVENUE (DE-24-195-SQ-12)
Dear Ms. Kim,
LAE Associates, Inc. (LAE) is pleased to have the opportunity to submit this fee proposal as a pre-qualified firm on the City of Fontana’s (City) On-Call list for Project Management and Construction Management and Inspection (CM&I) services. Based on our review of the City's Request for Proposals (RFP), Plans, Specifications & Estimates (PS&E), field walks/reviews of the project sites, we estimate our fee for the project to be $949,235.

Should the City have changes to the project, require revisions to the hours, or have new information impacting the nature of the project, LAE is open to negotiating its fee.

Thank you for the opportunity to present this fee proposal for your consideration. Please feel free to contact me with any inquiries at (714) 993-2840 or [email protected].

Sincerely,
Fred Alamolhoda, P.E.

Municipal Engineering Director

165
City of Fontana
CM&I Services for Building a Better-Connected Inland Empire (Raise Grant) Project

Page 2 of 2 ends

Cost Proposal
LAE’s Cost proposal for the requested CM&I Services for Building a Better-Connected Inland Empire (Raise Grant) Project for the City of Fontana is given in the table below. Team members will adhere to the needs of the City to complete the requested tasks. Should the City have changes to the project, require revisions to the hours, or have new information impacting the nature of the project, LAE is open to negotiating its fee.

Task/
Classification
Oversight
Manager
Federal
Fund
Manager
Project/
Construction
Manager
(P .E.)
Oversight
Construction
Observer/
Inspector &
QSP
Inspector
Senior
Construction
Observer/
Inspector
Office
Engineer
Junior
Engineer

Labor
Compliance
Services

Hourly Rates $225 $160 $190 $165 $160 $120 $90 -
Pre-
Construction
Services
130 52 104 40 60 60 40 -
Construction
Management/
Inspection
Services
72 144 504 432 28801,2 756 144 -
Post-
Construction
Services
80 50 60 36 40 60 40 -
Labor
Compliance - - - - - - - As-Needed
Total Hours 282 246 668 508 2980 876 224 As-Needed
Cost $63,450 $39,360 $126,920 $83,820 $476,800 $105,120 $20,160 $33,605 Total Cost $949,235
1LAE is proposing to have the Construction Observer/Inspector on site for three-hundred sixty (360) full-time working days (8 hours/day). 2If the Construction Contractor works overtime and/or on Saturdays, LAE’s Senior Construction Observer/Inspector will work overtime, with the City’s prior approval. The rate for Overtime (OT) Senior Construction Observation/Inspection will be $205/hour.

Note: The hours listed in the table are based on LAE’s preliminary projections for each team member’s involvement by task at the time of proposal. They are provided for budgeting and planning purposes only and may be adjusted as the project progresses. To ensure effective project delivery, LAE may shift hours between roles or tasks in response to evolving needs such as City direction, contractor performance, unforeseen site conditions, or changes in priorities. Any adjustments will be managed within the approved Not-to-Exceed (NTE) limit unless the City authorizes a formal budget change.

166
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0971 Agenda Date: 5/12/2026
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Professional Services Agreement for Construction Management Services with Griffin Structures for the City Hall Renovation Project - Phase II (SQ-43-DE-23-1) RECOMMENDATION:

2. Approve and authorize the City Manager, or City Manager’s designee, to enter into future individual Professional Services Agreement Amendments not exceeding $100,000.00 for the City Hall Renovation Project - Phase II (Request for Proposals SQ-43-DE-23-1).

DISCUSSION:

The City of Fontana’s Capital Improvement Program Budget includes the City Hall Renovation Project - Phase II (“Project”). The Project will be constructed in place of the existing City Hall building located at 8353 Sierra Ave, Fontana, CA 92335 and shall consist of demolishing the existing one- story building, construction of a two-story municipal building, remodel of the existing Development Services Organization (DSO) building, construction of a pedestrian bridge between the DSO building and the new City Hall building, utility installation, procurement of furniture, fixtures & equipment, in addition to all related on-site and off-site improvements. The intent of the building is to serve as office spaces for City staff, provide public and employee parking on the Civic Campus, and serve as the primary public interface for residents and businesses within the City.

On March 3, 2026, the City issued a Request for Proposals (“RFP”) for Construction Management Services by notifying firms on the City’s prequalified list through the Purchasing Division. All five (5) prospective bidders downloaded the RFP documents. On March 26, 2026, a proposal was received from one (1) firm interested in providing the services. The proposal was evaluated based on several considerations including experience with similar work, schedule, understanding of scope and issues City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
167
File #: 26-0971 Agenda Date: 5/12/2026
Agenda #: J. Category: Consent Calendar
along with available staff and schedule. The proposal received was in the amount of $2,279,000.00.

After conducting an oral interview with the proponent bidder, the City received an updated proposal in the amount of $1,465,000.00. The negotiated fee for construction management services is below three percent (3%) of the total estimated construction cost, which represents a competitive rate for professional services of this nature.

Construction management services will provide critical support during the construction phase including project coordination, schedule monitoring, budget oversight, quality assurance, contract administration, and field observation to help ensure the project is delivered efficiently and in accordance with approved plans and specifications. As a result, the staff recommends approval of the Professional Services Agreement with Griffin Structures. The total not-to-exceed amount of the agreement is $1,465,000.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,465,000.00 for the full term of the Professional Services Agreement and is included in the FY 2025-26 budget in 37600012-601-A- 8130.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
168
N01 inch = 600 feet1200600

PROJECT LOCATIONCITY HALL RENOVATION PROJECTPHASE II (CITY HALL) 169

1 16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
SQ-43-DE-23-1

This Agreement is made and entered into as of the 13th day of May, 2026 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 Griffin Structures, a Corporation with its principal place of business at 1 Technology Drive Building I Sui te 829, Irvine, CA 92618 (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:

City Hall Renovation Project- Phase II (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 $1,465,000.00 [One Million, Four Hundred Sixty-Five Thousand and No Cents]. 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.

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 unde r the contract for inspection by City.

5. Term
The term of this Agreement shall be from May 13, 2026 to February 28, 2028 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of thi s Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed ”). 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 non - performing 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. If Consultant’s term for the performance of its services under this Agreeme nt is dela yed by cause s not the fault of Consultant, then Co nsultant’s compensation under this Agreement shall be increased by the Consultant’s cost of such increased length of services performed.

7. Compliance with Law.
a. Consultant shall, in the performance of its services, comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. Nothing in this Agreeme nt shall render Consultant responsibl e for errors or omissions in any drawings or specifications prepared by others, which liability remains solely with the preparing party.
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. The cost of all such permits shall be paid by the City.
171

3 16498.00150\32126437.1
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.

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.

4 16498.00150\32126437.1
(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.
(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 provision s 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 173

5 16498.00150\32126437.1
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.

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 Certificat e 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.
174

6 16498.00150\32126437.1
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 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 pol icy 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 waive rs 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.

175

7 16498.00150\32126437.1
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.
(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.

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 se ction 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 176

8 16498.00150\32126437.1
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 Prevailin g Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Se ction 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 or ders 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.
177

9 16498.00150\32126437.1

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 comple ted prior to termination. If said termination 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. Consultan t 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 Lance Solomon 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

10 16498.00150\32126437.1
CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Christopher Smethurst, Department of
Engineering
CONSULTANT:

Griffin Structures
1 Technology Drive Building I Suite 829
Irvine, California 92618
Attn: Jon Hughes, President

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.

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 Sta te 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 ma tters covered hereunder. Each P arty 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 n ot 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, admi nistrators and assigns of each P arty 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
179

11 16498.00150\32126437.1
None of the provisions of this Agreement shall be considered waived by either P arty, 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 b reach or violation of this warranty, City shall 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]
180
13 99999.91910\40791408.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF FONTANA AND GRIFFIN STRUCTURES

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager

GRIFFIN STRUCTURES

By:

John Hughes
President

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Phillip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Gia Kim
Public Works Director / City Engineer

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Purchasing Office

Jon Hughes
181
14 99999.91910\40791408.1

EXHIBIT A

Scope of Services

A. Conduct and Coordinate field meetings with Design-Build Team members, City staff, and other Agencies on an as needed basis.

B. Review on-going traffic handling and traffic control plans submitted by the contractor and conduct field audits.

C. Conduct labor compliance interviews and monitor compliance.

D. Conduct regular safety reviews of the entire project site to ensure full compliance with the safety orders, including CAL OSHA compliance.

E. Coordinate with design engineers, project managers, City Staff and other stakeholders on design issues encountered during construction.

F. Coordinate, implement and monitor utility relocations as applicable.

G. Review contractor’s submittals and coordinate with other agencies for final approval.

Review detailed daily inspection reports supported with pictures as appropriate, keep picture log on project progress, and traffic control as warranted by work environment.

H. Coordinate with Geotechnical Engineer/Special Inspection. CM shall verify validity of all requests for special inspections prior to scheduling thereof. CM Shall keep track of all special inspection testing performed to ensure proper billing and that inspection does not exceed scope unless justified.

I. Prepare, process, and monitor contract change orders. Change Order Proposals shall be vetted thoroughly.

J. Review progress payments and extra work bills and recommend payment to City.

K. Prepare punch lists.

L. Participate in the final inspection, testing and release of the facilities.

M. Review record drawings (As-Builts) at project completion.

N. Prepare quantity estimates daily and submit with daily inspection reports.

O. Independently double-check all quantities prior to processing monthly estimates.

P. Ensure that contract change orders are accurately covered for payments.

Q. Ensure that Force Account work is agreed to in writing in the field on a daily basis.

R. Attend Pre-construction meetings and all associated meetings related to the project.

S. Performs constructability review of plans and specifications in plan check for potential oversights from construction and administrative point of view.

T. Review DBE schedule for accuracy by ensuring scheduling ties are appropriately shown and durations are appropriate. Monitor progress against schedule and inform City of any deficiencies. 182
GRIFFIN STRUCTURES2. F IRM I NTRODUCTION 3
• Needs Assessment
• Program Management
• Space Planning
• Site Selection
• Project Budgeting
• Design Management
• Constructability Review
• Scheduling
• value Engineering
• Total Project Budgeting
• Bid Management

PRE-CONSTRUCTION SERVICES
• Construction Management
• Owner’s Representative
• Budget Management
• Contractor Oversight
• Document Control
• Quality Assurance/Control
• Sustainability
Management
• Safety Management
• RFI & CO Management
• FF&E Procurement
& Coordination
• Commissioning & Closeout

CONSTRUCTION SERVICES

INTRODUCTION
Griffin Structures, Inc. (Griffin) is a California corporation and a diversified Project and Construction Management (Owner’s Representative) firm serving the public and private sector. We have built in excess of $2B in public sector facilities, the scope of these projects ranging from $1M to over $1.5B.

A unique aspect of our firm lies, not only in our unparalleled civic, administrative and city hall portfolio, but in our vast experience with renovation projects, including the renovation of 100+ year old civic facilities.

Our projects run the gamut from: civic centers, city halls and administrative complexes, supportive and affordable housing, passive parks, sports parks, community & senior centers, recreation facilities, corporate yards, public safety, healthcare and education facilities. Our award-winning portfolio encompasses new construction, additions, renovations, tenant improvements, ADA, utility, and exterior/site upgrades.

INNOVATIVE + ADVANCED

TECHNIQUES
Our team leverages advanced technologies to enhance
coordination, transparency, and efficiency throughout
project delivery. Platforms such as Autodesk Construction Cloud centralize project documentation and workflows,
providing real-time access to RFIs, submittals, and
drawings for the entire team. We also utilize OpenSpace to capture 360-degree site imagery, enabling virtual
project walkthroughs and remote progress tracking.

These tools are supported by proactive BIM coordination, allowing teams to identify and resolve potential issues early to protect project cost, schedule, and quality.

PEDESTRIAN BRIDGE

PROJECTS
We bring proven construction management expertise
to pedestrian bridge projects, ensuring safe, efficient delivery with minimal disruption to surrounding
communities and active circulation areas. Our team has
successfully overseen pedestrian bridge components on
projects including the Newport Beach Pelican Hill Resort, EBRPD IPON Public Safety Admin Building, Laguna Beach
Village Entrance, and the OCTA Fullerton Transportation Center. Through proactive coordination, constructability review, and rigorous quality control, we help deliver
durable, accessible, and well-integrated bridge solutions. 183
GRIFFIN STRUCTURES3. P ROPOSED T EAM 4
Proposed Team
In order to offer the highest value to the City, we have included a highly experienced, comprehensive team of individuals to provide specialty services for this project. We hereby confirm all of our proposed team members are able to perform the services as listed in the RFP.

Please refer to the appendix of our proposals to view the resumes of our proposed team and page two of the cover letter to view the proposed services of our subconsultant team.

STAFFING PLAN
• President, Jon Hughes, and Principal-In-Charge and vice President, Robert Godfrey, will provide invaluable, senior-level insight to the project team to maintain the firm’s quality of service.
• Project Executive, Tom Ottenstein, will serve as the executive point-of-contact for this project, while working with the team to ensure the City's scheduling and financial expectations are met throughout the duration of our services. • Sr. Construction Manager, Lance Solomon, will be responsible for the day-to-day management of the project utilizing his recent experience for high-profile renovation projects and similar facility types. • As Construction Managers / Quality Assurance Inspectors, Gene Lombardo and David Ruth will perform on-site project inspections and site monitoring of construction work being performed to ensure that the Contractor(s) remains compliant at all times.

Robert Godfrey
CCM
Principal-In-Charge
Jon Hughes

CCM, DBIA
President

SUBCONSULTANTS
Tom Ottenstein
DBIA
Project Executive
Lance Solomon
CCM
Sr. Construction
Manager
David Ruth
ICC
Construction Manager
/ QA Inspector
Gene Lombardo
Construction Manager /
QA Inspector
The Solis Group
Labor Compliance Monitoring
Gkk Squared
Safety
Tempus Const. Services
Scheduling
HLCM
Cost Estimating
184

GRIFFIN STRUCTURES

4. R EFERENCES 5
01 02
03 04
09 References

PROJECT NAME PROJECT DESCRIPTION PROJECT DATA REFERENCE 1 County of Orange Civic Center
Santa Ana, CA
This 20-year civic center master plan was developed and managed by Griffin Structures and is intended to improve the County’s operational efficiency by unifying departments in a central facility. The Administration North and recently completed Administration South encompasses over 500,000 SF and was completed ahead of schedule and under budget by $8.1M. value: $400M
Relevancy: Administrative /
Office Facilities; High-Profile
Project
County of Orange; Frank Kim; County
Executive Officer (Ret.); (714) 448-0747;
[email protected]
2 San Juan Capistrano City Hall
& Salida Del Sol Mixed-Use
Housing
San Juan Capistrano, CA
Griffin Structures assisted the City with the development of the new three-story, 50-unit apartment building with low-income/ permanent supportive housing, as well as a new, two-story 16,338 SF City Hall. The City Hall now includes a combination of offices, workstations, common areas, and supportive facilities to support the City’s workforce, while the low-income/permanent supportive housing building features one manager unit and 49 housing units. value: $20M
Relevancy: Lance Solomon
Project; City Hall
City of San Juan Capistrano; Charlie view;
Assistant City Manager; (949) 220-4467;
[email protected]; 32400 Paseo
Adelanto, San Juan Capistrano CA, 92675
3 SchoolsFirst Federal Credit
Union Headquarters
Tustin, CA
Griffin Structures managed the development of this $127M project for the largest credit union in California. Looking to construct a sizeable corporate headquarters facility in Tustin, this new three-story building encompasses 185,000 SF on a five-acre, corner parcel that includes a 1,000-car parking structure. The building is intended to encourage socialization and healthy living, connecting users through an outdoor elliptical shaped courtyard. value: $127M
Relevancy: Tom Ottenstein
Project; Admin. / Office
Facilities; High-Profile Project
SchoolsFirst Credit Union; Christina
Quintero; vP of Real Estate; (714) 258-
4000 x2028565; cquintero@schoolsfirstfcu.
org; 15332 Newport Ave Tustin, CA 92780
4 Santa Ana Libraries Renovation
(Main Library + Three
Additional Libraries)
Santa Ana, CA
This program consists of the renovation of the existing 39,790 SF Main Library, new parking lot, and children learning area.

Projects also include a modernized Newhope Library Branch, the new construction of a 2,500 SF Delhi Library Branch, and a new 1.78-acre Outdoor Library at Jerome Park, including large book kiosk, multigenerational play/activity areas, and parking lot improvements.
value: $42M
Relevancy: Extensive
Renovation; David Ruth
Project
City of Santa Ana; Brian Sternberg;
Library; Services Director; (714) 647-5296;
[email protected]; 20 Civic Center
Plaza, Santa Ana, CA 92707
5 Corona City Park Revitalization
Corona, CA
Covering 21 acres, the revitalization of this park aims to reestablish it as a vibrant gathering place. Upon completion, the park will feature an array of amenities, including aquatics facilities with a recreation and activity pool, a 10,000 SF splash pad, and a 12,500 SF playground. Additionally, there will be two 20,000 SF community buildings, a 150,000 SF walking loop, a plaza, a skate park, a promenade, a courtyard, gardens, and much more. value: $100M
Relevancy: Lance Solomon
Project; Public Sector Project
City of Corona; Tracy Martin; Project
Manager; (951) 817-5880; tracy.martin@
coronaca.gov; 400 S vicentia Ave, Corona,
CA 92882
6 Campbell Library & Police
Department Renovation
Campbell, CA
These two projects, both managed by Griffin, includes the construction of a new 27,500 SF two-story Police Operations Building, renovation of the existing 7,000 SF Police Department within City Hall, and the 25,000 SF renovation of the Campbell Library.

The library redesign will strengthen connections to the adjacent Orchard Green civic plaza and introduce a vibrant civic destination in downtown Campbell.
value: $40M
Relevancy: Lance Solomon
Project; Extensive Renovation
Projects
City of Campbell; Todd Capurso; Public
Works Director; (408) 866-2150; toddc@
campbellca.gov; 70 N 1st St, Campbell, CA
95008
7 San Bernardino County, valley
Communications Center
San Bernardino, CA
This new mission-critical facility will remain operational 365/24/7, under extreme conditions as the primary Emergency Operation Center (EOC) in the San Bernardino valley. Delivered via the Design-Build procurement method, this comprehensive 80,000 SF building on the 6.85 acre site will be occupied by the Sheriff-Coroner, Office of Emergency Services, Fire, Emergency Medical, and Radio Management agencies.
value: $135M
Relevancy: Tom Ottenstein
Project; Admin. / Office; San
Bernardino County Project
San Bernardino County; Rene Glynn;
Supervising Project Manager; (909) 771-
1223; [email protected];
385 North Arrowhead Ave, 3rd Floor San
Bernardino, CA 92415
8 San Bernardino County Public
Defenders' Building
San Bernardino, CA
This project provided a new home for the San Bernardino County Office of the Public Defender. The project included the demolition of the existing building and the construction of a new facility, with three levels of office space integrated over two levels of secure parking. Supporting the County in managing the Design-Build Entity on this project, Griffin Structures addressed critical infrastructure and building issues and performed extensive change order and schedule impact reviews. value: $29M
Relevancy: Tom Ottenstein
Project; Admin. / Office; San
Bernardino County Project
San Bernardino County; Luther Snoke;
Chief Executive Officer; (714) 878-5758;
385 North Arrowhead Ave, 3rd Floor San
Bernardino, CA 92415
9 La Canada Flintridge City Hall
Renovation
La Canada Flintridge, CA
The City’s new facility encompasses 19,027 SF while the remainder of the 27,881 SF building provides leasable, revenue- generating space. Upgraded mechanical and lighting systems as well as IT and phone systems provide modernized public services and spaces as well as improved workspaces. Council chambers were designed to also provide much-needed space for community meetings.
value: $7M
Relevancy: Robert Godfrey
Project; City Hall Renovation
Rick Gunter; Former Mayor, La Canada
Flintridge; Current Owner, G3 Group
Advisors; (310) 728-0819; rick.gunter@
g3grp.com
185
GRIFFIN STRUCTURES5. W ORK P LAN 6
Project Understanding
The Fontana City Hall Renovation Project – Phase II is an ambitious project located in the heart of City. This project will involve the demolition of an existing City Hall to make way for a new City Hall and a remodel of the existing Development Services Building (DSO). This will involve the construction of a new 44,451 SF building with a multi-level plaza, the renovation of 2,900 SF of the DSO, both upper and lower floors, and the construction of 111 new ground-level parking spaces. The project will also involve the installation of all new utility services, undergrounding of existing overhead utilities, and a comprehensive renovation of the site and landscaping throughout the project site.

Of particular importance will be the integration of and improvement of existing communications facilities, connecting to existing fiber throughout the campus, security installations, and a comprehensive integration of all communications within the new City Hall facility.

STRATEGIC CONSIDERATIONS
In an attempt to address some of the key challenges this project is likely to encounter, we have included herein a list of strategic considerations related to this project and how we might address them.

What strategies can be employed to tackle utility conflicts and ensure seamless coordination during construction? Critical to ensuring uninterrupted service to all active utilities throughout construction, Griffin will develop a carefully sequenced plan that safeguards operational continuity while allowing the new work to proceed. To reinforce this effort, we will convene a dedicated utility coordination meeting during design with the architect and utility providers to confirm points of connection, review constraints, and ensure compliance with provider standards. Once the general contractor is on board, we will facilitate a follow-up coordination session that includes the contractor, architect, and utility providers to align on responsibilities and sequencing. By addressing these issues early and revisiting them as the team evolves, Griffin creates a clear framework that minimizes field conflicts, streamlines communication, and supports project advancement without costly delays.

How will critical IT and communications systems be migrated without disrupting operations? Maintaining uninterrupted public safety operations is essential. Griffin will engage the stakeholders and establish a comprehensive strategy that addresses all stakeholder interests in the facility and how it integrates with the rest of the campus. To achieve this Griffin draws on lessons learned from similar projects to help the City futureproof the new facility. We provide guidance on integrating redundancy into critical infrastructure such as backup generators, UPS systems, redundant electrical feeds, and resilient mechanical systems, so the building remains operational during emergencies and adaptable to evolving public safety needs.

How can the City be assured that construction activities will not adversely impact adjacent stakeholders? The project site’s limited laydown space and location across from active public areas create challenges for access and staging. Griffin will prepare and refine a phasing and site utilization plan that addresses contractor parking, material staging, pedestrian detours, street closures, and safety barriers. We will review closure impacts with City staff and ensure expectations are clearly defined in the bid documents. This proactive planning minimizes disruption to neighbors, ensures community safety, and preserves public confidence throughout construction.

To further reinforce transparency, Griffin can also engage our trusted subconsultant, Circlepoint, to lead a neighborhood or regional outreach campaign that communicates construction impacts clearly and keeps the community actively informed throughout the life of the project.

CONCLUSION
These are just a few of the items we have identified that could pose challenges to the project and demonstrate how we mitigate challenges of this nature. In addition to these, we will provide all the necessary services required typical to a project of this nature including schedule management, cost oversight, meeting coordination, document control, issues resolution, and the processing of all RFIs, submittals, shop drawings, and other necessary project documentation.
186

GRIFFIN STRUCTURES

5. WORK P LAN 7
Griffin approaches projects with the perspective of an Owner, and the insight of an Architect and Contractor. Like an Owner, we approach each project as if it is our own money, schedule, and facility that is being developed. We also understand the technical aspects and trade knowledge essential to providing quality service from concept to keys.

Together with these components, Griffin provides Program Management and Construction Management (PMCM) based on our unique blend of experience as both a public agency PMCM and at-risk fee developers - uniquely enhancing our ability to provide unparalleled services to our clients and have included a summary of our available services below.

Project Approach

COMMUNICATION / DOCUMENT CONTROL
Standardized Communication and Document Management Protocols will be utilized for all project document controls. All RFIs, submittals, ASIs, CCDs, Deltas, daily reports, project photos, SWPPP reports, schedules, and closeout documents will be carefully integrated into the City’s third-party web-based Software-as-a-Service (SaaS).

SCHEDULE MANAGEMENT
A comprehensive master project schedule will be created to include all aspects of the project, including, but not limited to: design iterations & review times, permitting phases, pre-qualification, bidding, contracts & insurance, construction phasing, city installations, utility connections, IT installations, punchlist, commissioning, & contingency.

FINANCIAL CONTROLS
Effective financial controls depend on change management, timely invoices, claim mitigation & avoidance, commitment to value, clear documentation and legal comprehension. Our expertise in this category is best-in-class and includes an estimating team to serve as a reference point in developing budgets and change order negotiation.

QUALITY CONTROL OBSERVATIONS
Inspections, photography/technology such as recordings, photography, Bluebeam Technology to facilitate the communication of challenges in field for quick resolution & documentation, Building Information Modeling (BIM), and Field Observation Reports will be employed for Quality Control and Assurance. 187

GRIFFIN STRUCTURES

5. WORK P LAN 8

STRATEGIC CONSULTING
Operational Assessment
Needs Assessment
Space Efficiency Studies
Space Planning
Programming
Facility Condition Assessment
Benchmarking Studies
Feasibility Studies
Capital Assessment
Campus Master Planning
Phasing Analysis
Implementation Strategies
Relocation Planning & Management
Portfolio Utilization Analysis
Sustainability

REAL ESTATE CONSULTING
Real Estate Brokerage Services
Property Analysis & Due Diligence
Lease / Buy / Build Analysis
Property Acquisition & Disposition
Lease Evaluation & Negotiation
Portfolio Evaluation & Management
Portfolio/Lease Administration
Development Consulting
DEVELOPMENT MGMT.

Site Selection
Acquisition Analysis
Financing Support
Planning
Implementation
Sales & Marketing Support
Disposition Analysis
Lease Analysis
Market Analysis
Due Diligence

FINANCIAL SERVICES
Budget Analysis
Sources & Uses
Actual/Projected Expenditures
Contract Allowances
Contingency Update & Tracking
Financial Structuring & Planning
Portfolio Review & Rationalization
Transaction Management
Capital Costs / Operating Expenses Eval.

Portfolio Optimization
Sale-Leasebacks
Disposition Strategies
Financial Statement Evaluations
Negotiations
PROJECT MGMT. & DELIVERY
Owner Representation
Program Management
Preconstruction Management
Integrated Project Delivery
Lease-Leaseback
Public-Private Partnership (P3)
Design-Build
Multi-Prime Delivery
Project Mgmt. Tools & Program Develop.

Facilities Management
Entitlement Management
Procurement
Design & Construction Administration
Occupancy Management
Project Accounting
Review of Contractor & Consultant Agmts
Review of Other Relevant Agreements
Budget Development
Schedule Development Analysis
Delay Claims
Look Ahead/Look Back Update
Current Construction Schedule
Project Closeout
List of Available Services
188
15 99999.91910\40791408.1

EXHIBIT B

Schedule of Charges/Payments

189

PRINCIPAL-IN-
CHARGE

PROJECT

EXECUTIVE CONSTRUCTION MANAGER
Robert Godfrey Lance Solomon Gene Lombardo
$300/hr* $275/hr* $265/hr*
1 PRE-CONSTRUCTION 0 0 0

1.1 Project initiation & start-up Incl Incl Incl

1.2 Preconstruction meeting Incl Incl Incl
2 CONSTRUCTION 160 800 3440

2.1 Conduct & coordinate field meetings with team as-needed Incl Incl Incl

2.2 Review ongoing traffic handling & traffic control plans Incl Incl Incl

2.3 Labor compliance interviews & monitor compliance Incl Incl Incl

2.4 Conduct regular safety reviews of the entire project Incl Incl Incl

2.5 Coordinate design engineers, project managers & stakeholders Incl Incl Incl

2.6 Coordinate & implement utility relocations Incl Incl Incl

2.7 Review contractor's submittals & coordinate with agencies Incl Incl Incl

2.8 Coordinate with geotechnical engineers & special inspections Incl Incl Incl

2.9 Prepare, process & monitor contract change orders Incl Incl Incl

2.10 Review progress payments & extra work bills Incl Incl Incl

2.11 Prepare quantity estimates & submit with daily inspections Incl Incl Incl

2.12 Independently double check all quantities prior monthly estimate Incl Incl Incl

2.13 Ensure the contract change orders are accurately covered Incl Incl Incl

2.14 Ensure Force Account is agreed to in writing daily Incl Incl Incl

2.15 Review schedule for accuracy & all updates on a monthly basis Incl Incl Incl 3 PROJECT CLOSEOUT 16 80 344

3.1 Prepare punch lists Incl Incl Incl

3.2 Participate in final inspection, testing & release of facilities Incl Incl Incl

3.3 Review record drawings (As-Builts) Incl Incl Incl
Total Hours 176 880 3784
Subtotals $54,640 $248,400 $1,030,280
PROJECT / CONSTRUCTION MANAGEMENT TOTAL $1,333,320
4 REIMBURSABLE COSTS $131,680

4.1 Insurance $12,680

4.2 Cloud based document management system $20,000

4.4 Scheduling Support (Tempus) $74,000

4.5 Estimating Support (HLCM) $20,000

4.7 Misc. allowances $5,000
GRAND TOTAL $1,465,000
* See "Qualifications and Exclusions" for escalation included in rate Item
No. PROJECT PHASE
190
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0972 Agenda Date: 5/12/2026
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approval of Final Map for Tract No. 18631
RECOMMENDATION:

Approve the Final Map for Tract No. 18631 located North of Foothill Boulevard along Oleander Ave and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

DISCUSSION:

Tract No. 18631 is located north of Foothill Boulevard along Oleander Ave. The subdivision consists of 30 condominium units.

The Tentative Tract Map (TTM22-000001) was conditionally approved by the Planning Commission on December 20, 2022. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, MV Oleander, LLC, has complied with the Conditions of Approval and dedicated the required streets and easements as a part of the project. The tract map has been reviewed by the City Engineer and found to be substantially correct.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act. This map is now being brought to City Council for final approval.

FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore, there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 1 of 1
powered by Legistar™
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
11/18/2021 - RG

STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE - EXHIBIT "A"
PROJECT NAME_________________
TRACT MAP NO._________________
PARCEL MAP NO. _______________
DATE: May 30, 2024
DEVELOPER Inland Senior Dev.

ENGINEER MFKessler
PHONE NO.(949) 339-5332

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 7.00 _
ACCESS RAMP EA 5,000.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 150.00 _
*A.C.OVERLAY(0.20 THICKNESS)
PER CITY STANDARD TON 150.00 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 25 0.00 _
______________________ ________ SF _______ ________
______________________ ________ EA _______ ________ ______________________ ________ EA __ _____ ________ ______________________ ________ EA _______ ________

STREET IMPROVEMENT SUBTOTAL
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Inspritation Village
18631
507 5,577
1,425 27,075
285 997.50
2,685 18,795

13.3 1,995
1,378 689
57,822.25
SIDEWALK REMOVAL 2,155 1.25 2,693.75

CITY OF FONTANA

ENGINEERING

PRELIMINARILY APPROVED
BY
DATE

CONSTRUCTION APPROVED

CORRECTIONS

FINAL APPROVED

FOR INFORMATION ONLY
✔
talmgren
6/3/2024
206
11/18/2021 - RG

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 250.00 ________
* 36" RCP L.F. 250.00 ________
* 42” RCP ________ L.F. 250.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4, 500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCE CONCR ETE PIPE

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 6 0.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
29 2,030
2 8,000
10,030
UNDER SIDEWALK DRAIN 1 750.00 750
750
207

TRAFFIC SIGNALS/SIGN/STRIPING

ITEM QUANTITY UNIT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER

TWO CORNERS

TRAFFIC SIGNAL NEW
PAINT TRAFFIC STRIPE (1 COAT) ___ _
PAINT TRAFFIC STRIPE(2 COATS) ___ _

PEDESTRIAN CROSSWALK STRIPING

PAVEMENT MARKER
(NON REFLECTIVE)

PAVEMENT MARKER (REFLECTIVE)

REFLECTORS AND POSTS

STREET SIGNS
----
L.S.

L.S.

L.F.

EA
EA
EA
EA
EA
EA
UNIT
COST
75,000.00
100,000.00
400,000.00

2.40 .65
.65

2.50 4.00
100.00
250.00

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL
AMOUNT

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

AREA LANDSCAPED

CENTER MEDIAN
SUBTOTALS:

S.F. ----
S.F.
$12.00
$12.00

LANDSCAPING IMPROVEMENTS SUBTOTAL
STREET IMPROVEMENT SUBTOTAL .................... 57,822.25 STORM DRAIN IMPROVEMENTS SUBTOTAL.............. 750 ---------- SANITARY SEWER IMPROVEMENTS SUBTOTAL...........
10,030 ----------
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL ........ . ----------

IMPROVEMENT SUBTOTAL
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CFD LANDSCAPE IMPROVEMENTS ................... . ---------- SUB DIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ... ---------- STREET LIGHTS 1 @ $5,000 ............... . 5,000 ---------- CUCAMONGA COUNTY WATER DISTRICT FACILITIES .....

IMPROVEMENT SUBTOTAL .... -------------------
ADD 35% .................... .

BONDING TOTAL ........ _________ _
11/18/2021 - RG
73,602.25
25,760.78
99,363.03
68,602.25
74,046.69
25,916.34
99,963.03
208
11/18/2021 - RG
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
6364
6364-LT
6365
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0977 Agenda Date: 5/12/2026
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adopt a Resolution of Intention to Vacate a Public Right-Of-Way Easement on Highland Avenue and Oleander Avenue, and Setting of Public Hearing Thereon
RECOMMENDATION:

Adopt Resolution No. 2026-031, Resolution of the City Council of the City of Fontana, California, declaring its intention to vacate a Public Right-of-Way Easement over Highland Avenue and Oleander Avenue pursuant to Streets and Highways Code Section 8300 ET SEQ, and directing the City Clerk to administratively set a Hearing date, time and place, and publish and post required notices.

COUNCIL GOALS:
· To promote economic development by pursuing business attraction, retention, and expansion. · To promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

The City owns a right-of-way easement over Highland Avenue and Oleander Avenue (the “Property”), more particularly described and depicted in Exhibit A of the attached Resolution No. 2026-XXX (see Attachment No. 1). Staff has determined that the Property no longer has any present or prospective public use, and accordingly, it is appropriate to vacate the Property. Staff is recommending this vacation because the street is not part of the City’sGeneral Plan Community Mobility and Circulation Element, and access is available to all parcels through other streets. Accordingly, there is limited benefit to the City continuing to engage in maintenance of this Property. Staff believes the vacation of the Property serves economic development purposes and will allow the sale of a parcel of land owned by the City to an adjacent landowner.

Prior to vacating the street, the City Council must consider the General Plan, pursuant to Streets and Highways Code Section 8313. On June 18, 2024, the Planning Commission held a regularly scheduled public hearing where it found that the proposed vacation of Highland Avenue and Oleander Avenue is consistent with and in conformity with the City’sGeneral Plan. In the proposed resolution, the City Council adopts the findings made by the Planning Commission on June 18, 2024.

Section 8312 of the California Streets and Highways Code authorizes the City Council to vacate a street, highway, or public service easement within City. Such authorization requires that City Council pass a resolution making certain findings, and follow the procedural requirements specified in the Public Streets, Highways, and Service Easements Vacation Law. Before that resolution can be passed, the City Council must pass a resolution putting the public on notice of City Council’sintent to City of Fontana Printed on 5/7/2026Page 1 of 2
powered by Legistar™
227
File #: 26-0977 Agenda Date: 5/12/2026
Agenda #: L. Category: Consent Calendar
vacate the street.

There is currently a utility easement benefitting Southern California Edison and Fontana Water Company for pipelines, water conduits, and other incidental purposes within the property, and is not held by the City. To ensure that it is clear that this utility easement is not affected by the proposed vacation, City staff recommends that the resolution expressly reserve this utility easement from the proposed vacation of the right-of-way and reserve an easement for traffic signal equipment, public access and pedestrian purposes. Under Streets and Highway Code Section 8340(c), the City can reserve and except an easement for an in-place public utility facility from the vacation of a street.

Therefore, the proposed vacation is strictly for the right-of-way easement, and the utility easement shall remain.

By adopting this Resolution, the City Council will initiate the vacation proceedings for the Property.

This Resolution will direct the City Clerk to: (1) administratively set a hearing date, time and place; and (2) publish and post the notices required by Streets and Highway Code Section 8320.

At least fifteen (15) days after adopting the Resolution, the City Council must hold a hearing on the proposed vacation of the Property in which it must consider all evidence offered by interested persons. In order to properly vacate the Property under Streets and Highway Code Section 8324(b), the City Council must find that the Property is unnecessary for present or prospective use. Upon such a finding, the City Council may then adopt a resolution ordering the vacation.

Consistency
The Planning Commission, on June 18, 2024, at a regularly scheduled meeting found that vacation of the Property is consistent with and in conformity with the General Plan of the City of Fontana.

Environmental Impact
The proposed vacation is exempt under Section 15061(b)(3) (Common-Sense Exemption) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the vacation will have a significant effect on the environment.

The direct impact arising out of the vacation of the Property allows the continued development of the surrounding area, which will promote the City’sgoals to accommodate development within the City and promote economic development.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 5/7/2026Page 2 of 2
powered by Legistar™
228
1 of 4
RESOLUTION NO.2026-031

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PUBLIC

RIGHT-OF-WAY EASEMENT OVER HIGHLAND AVENUE AND

OLEANDER AVENUE PURSUANT TO STREE TS AND HIGHWAYS
CODE SECTION 8300 ET SEQ. AND DIRECTING THE CITY CLERK TO

ADMINISTRATIVELY SET THE HEARING DATE, TIME AND PLACE

AND TO PUBLISH AND POST REQUIRED NOTICES

WHEREAS, the City of Fontana (“City”) holds a street right-of-way easement located at Highland Avenue and Oleander Avenue , more specifically described and depicted in EXHIBIT “A” attached hereto and in corporated herein by reference (the “Property”);
WHEREAS, the nature of existing development and changes in use of the Property has rendered the Property unnecessary for present or prospective public use, and the City no longer has use for the Property as a right-of-way; WHEREAS, the Fontana Water Company holds an easement for pipelines and water conduits and incidental purposes , recorded on March 30, 1911 in Book 470 of Deeds, Page 341 (the “Utility Easement”);
WHEREAS, California Streets and Highways Code Section 8340(c ) states that a local agency may reserve and except an easement for an i n-place public utility facility from the vacation of an easement;
WHEREAS, the City does not hold the Utility Easement and this vacation is not intended to affect the rights of such Utility Easement; WHEREAS, the City desires to vacate the public street right of way while reserving a PUE for the benefit of SCE and other public utilities as necessary; and reserving an easement for traffic signal equipment, public access and pedestrian purposes;

WHEREAS, this vacation of the Property is made pursuant to the requirements of California Streets and Highways Code, Division 9. - Change of Grade and Vacation, Part

3. - Public Streets, Highways, and Service Easements Vacation Law (Streets and Highways Code sections 8300 et seq.), Chapter 3. - General Vacation Procedure;

WHEREAS, Government Code Section 65402(a) states that a local agency may not vacate nor dispose of real property within the City until the location, purpose and extent of the vacation or disposition has been reported upon by the planning agency of the City regarding the conformity with the General Plan; 229
Resolution No. 2026-031
2 of 4
WHEREAS, as required by California Streets and Highways Code Section 8313(b) and California Government Code Section 65402, the Planning Commission, on June 18, 2024, at a regularly scheduled public hearing found that this vacation is consistent with and in conformity with the General Plan of the City of Fontana; WHEREAS, the City Council of the City of Fontana has considered whether the proposed vacation is consistent with the General Plan, and adopts the findings made by the Planning Commission during its June 18, 2024 meeting; WHEREAS, all other prerequisites to the adoption of this Resolution have occurred.

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. Compliance with California Environmental Quality Act. As the decision-making body for the Project, the City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (the activity does not have the potential for causing a significant effect on the environment). Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The vacation of the Property will not involve nor approve any physical change to the environment nor any reasonably foreseeable future change. Therefore, no environmental review is required and staff is directed to file a Notice of Exemption.

Section 3. Declaration of Intent. The City Council declares its intent to vacate the portion of the public right -of-way described above as the Property, reserving and excepting the Utility Easement, as more fully described and depicted in Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. Hearing. The City Council, under the authority vested in it by the Streets and Highways Code Section 8320(a)(1) hereby directs the City Clerk to administratively set a hearing date, time and place for a public hearing on the proposed vacation of the public right -of-way identified above. The hearing date shall not be less than 15 days after this Resolution is adopted.

Section 5. Direction to Post Resolution and Publish Notice of Public Hearing. The City Clerk is hereby directed to post this Resolution of Intention, and publish notices of the public hearing, pursuant to the requirements of California Streets & Highway Code Section 8320, et. seq.

Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption.
230
Resolution No. 2026-031
3 of 4
Section 7. 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 8 . Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 9. 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 12th day of May 2026.

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 that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 12th day of May, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
City Clerk of the City of Fontana

______________________________
Mayor of the City of Fontana

231
Resolution No. 2026-031
4 of 4
ATTEST:

______________________________
City Clerk
232
EXHIBIT "A"