Contract No. XXXXXXX
Date: 4/3/23
Consultant Firm: UltraSystems Environmental
Project Title: Environmental & Design Services for Foothill Blvd - Hemlock Ave to Almeria Ave Street Improvements (Malaga Bridge) - Additonal Scope (PSI work) Project Number: 3010.0012554.001
Client Reference: SQ-04-DE-19
Estimated Labor Hours
Task/Subtask
Description Activity
WBS or
Activity
Code
Lindsay, BetsyProject DirectorGupta, HinaSr. Project ManagerRogozen, MikeSr. Principal EngineerLindsay, MikeScientist/Eng.Partridge, MargaretDeputy Project ManagerReicher, RobertSenior PlannerFell, PaulaSenior Planner Verlaan, Robert
Senior PlannerMakini, Emily
Associate
PlannerTollett, MichelleSr. Biologist IICarver, AllisonSr. Biologist IO'Neil, SteveCultural SpecialistBlack, Megan Archaeologist
Rouhi, MinaSr. GIS Mgr.Jackson, GwenWordprocessor
Hours
Raw Labor
Amount
6.0 ENVIRONMENTAL
6.1 Environmental Document
6.1.1 1 4 1 6 $260
6.1.2 0 $0
6.1.3 0 $0
6.1.4 0 $0
6.1.5 0 $0
6.1.6 0 $0
6.2 Technical Studies 0 $0
6.2.1 Air Quality/Greenhouse Gases Emissions Assessment 0 $0
6.2.2 Biological Resources Assessment 0 $0
6.2.3a Cultural Resources Study: Identification of Historic Properities 0 $0
6.2.3b Cultural Resources Study: Project Effect Assessment and Mitigation 0 $0
6.2.4 Section 4(f) de minimis determination 0 $0
6.2.5 Noise Impact Assessment 0 $0
6.2.6 Traffic/Circulation Impact Assessment 0 $0
6.2.7 Phase I Environmental Site Assessment (ISA) 0 $0
6.2.8 Visual Impact Memorandum 0 $0
6.2.9 Relocation Impact Memorandum 0 $0
6.2.10 Community Impact Assessment Technical Memorandum 0 $0
6.2.11 Water Quality Assessment Memorandum 0 $0
6.2.12a Phase II Subsurface Investigation (PSI): Health and Safety Plan 1 2 3 $133
6.2.12b PSI: Soil and Soil Vapor Sampling 1 8 9 $349
6.2.12c PSI: Data Evaluation and Reporting (Draft and final) 1 4 8 13 $604
6.2.12d PSI: Additional Soil, Soil Vapor and Paint Chip Sampling (Contingency) 2 6 4 12 $549
6.5 QA/QC (PSI) 0 $0
TASK SUBTOTAL: 5 23 15 0 0 0 0 0 0 0 0 0 0 0 0 43 $1,894 Total Hours: 5 23 15 0 0 0 0 0 0 0 0 0 0 0 0 43 $1,894
Raw Labor Rate: $72.12 $34.62 $49.14 $48.08 $36.35 $45.00 $45.00 $40.00 $18.00 $40.87 $35.00 $28.11 $20.00 $38.46 $21.00 43 $1,894 Labor Subtotal: $361 $796 $737 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Annual Escalation Rate: 4.0%
2nd TIER SUBCONSULTANT/VENDOR SERVICES Amount % DBE? Contract Duration (Years): 2.50 Sub a Citadel - PSI (Phase II Subsurface Investigation) $26,183 N RAW LABOR: $1,951 Sub b N
Sub c N OVERHEAD: $2,825
Sub d N RAW LABOR + OVERHEAD: $4,777
Sub e N FIXED FEE: $478
Sub f N SUBCONSULTANT/VENDOR SERVICES: $26,183
Sub g N OTHER DIRECT COSTS Quant Unit Price Amount OTHER DIRECT COSTS: $0 Sub h N Printing & Repro 11x17 Copies $0 BASE BUDGET: $31,437 Sub i N Printing & Repro 8.5x11 Report $100.00 $0 ADDITIONAL SERVICES BUDGET:
Mileage Miles $0.58 $0 TOTAL BUDGET: $31,437
Shipping & Delivery Each $45.00 $0
Certified Mailing Each $4.00 $0
CDs Each $15.00 $0
Each $800.00 $0
Translation cost for notices (spanish) Each $500.00 $0
County clerks for the NOI, NOD Each $100.00 $0
Subtotal - SUBCONSULTANT SERVICES: $26,183 83.3% CDFW filing fees Each $2,355.00 $0 CHRIS Center - Arch Each $295.00 $0
DBE Participation: $0 0.0% CIA, population run Each $800.00 $0 Scoping - graphics Each $500.00 $0
Notes: OTHER DIRECT COSTS: $0
1. Escalated Fee assumed to midpoint of contract duration, with no escalation for the first year.
Newspapaer ads for notice (spanish)
Project Kick-off Meeting, Project Meeting, Project Management, Coordination, and Preparation of Project Description
Prepare Preliminary Environmental Studies
Prepare Draft Initial Study/Categorial Exclusion (IS/CE) Prepare Mitigated Negative Declaration/Notice of Exemption (MND/NOE) Disseminate Draft IS/MND and CE/NOE
Responses to Comments, Finalize IS/MND and CE/NOE
Fontana Foothill-Malaga-add PSI_ Fee TYLI_DRAFT 4-3-23.xlsx Printed: 4/5/2023 201 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2150 Agenda Date: 5/9/2023
Agenda #: G. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve a Professional Services Agreement for Design Services for the Date Elementary School Street Improvements Project.
RECOMMENDATION:
1. Approve and Authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $160,310.00 with Engineering Resources of Southern California for the Date Elementary School Street Improvements Project, Request for Proposals SP-93-DE23.
2. Approve and Authorize the City Manager to execute any future amendments to the Professional Services Agreement.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
On May 10, 2022, City Council accepted an Active Transportation Program Grant in the amount of $1,808,000.00 to fund the design and construction of the Date Elementary School Street Improvement’s Project within the vicinity of Fontana High School, Truman Middle School, Date Elementary School, and Citrus Elementary School. The project is located on Fontana Avenue and is bound between Merrill Avenue and Athol Street. The proposed improvements include installation of Americans with Disabilities Act (ADA) compliant sidewalks, curb & gutter, ADA curb ramps, street striping and traffic signs, and class II bikeways.
Staff solicited a Request for Proposals (RFP) for Engineering Design Services by notifying firms through the Purchasing Office. Forty-one (41) prospective bidders downloaded the RFP documents.
On February 28, 2023, proposals were received from six (6) firms interested in providing design services for the project. Proposals were evaluated and ranked in accordance with City policies and procedures. Staff recommends that City Council approve a Professional Services Agreement in the amount of $160.310.00 with Engineering Resources of Southern California for engineering design services for the project.
City of Fontana Page 1 of 2 Printed on 5/4/2023
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File #: 21-2150 Agenda Date: 5/9/2023
Agenda #: G. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $160,310.00 and is included in the FY 2022-2023 Budget in Project No. 36000029-301-A-8113.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 5/4/2023
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N
0 1 inch = 600 feet
600 1200
PROJECT LOCATION
DATE ELEMENTARY SCHOOL
STREET IMPROVEMENTS PROJECT
204
Date Elementary Street Improvements Project
(SP-93-DE-23)
Ranking
Firms Rank
Engineering Resources of Southern California 1
Redlands, CA
Onward Engineering 2
Anaheim, CA
Valued Engineering 3
Upland, CA
TKE Engineering 4
Riverside, CA
KOA Corporation 5
Ontario, CA
K&A Engineering 6
Corona, CA
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CITY OF FONTANA
DRAFT PROFESSIONAL SERVICES AGREEMENT
SP-93-DE-23
This Agreement is made and entered into as of May 9, 2023 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 Engineering Resources of Southern California Inc, a Corporation with its principal place of business at 1861 W. Redlands Blvd., Redlands. CA 92373 (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:
Date Elementary School Street Improvements Project (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 $160,310.00. 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.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 206
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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 May 9, 2023 to May 9, 2025, 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 (“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 nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
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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.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
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(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 provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall 209
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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 210
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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 policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 211
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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.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total 212
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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 Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Lori J. Askew 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:
Engineering Resources of Southern
California, Inc.
1861 W. Redlands Blvd.
Redlands, CA 92373
Attn: Lori J. Askew
and shall be effective upon receipt thereof.
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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.
30. Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall 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.
31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
Engineering Resources of Southern
California Inc.
By:
[INSERT NAME]
[INSERT TITLE]
Attest:
By:
Germaine McClellan Key
City Clerk
By:
[INSERT NAME]
[INSERT TITLE]
Approved as to form:
Best Best & Krieger LLP
City Attorney
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Chief Financial Officer
Purchasing Office
217
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EXHIBIT A
Scope of Services
218
Proposal for Design Services - Date Elementary
School Street Improvements Project
Submitted: February 28, 2023
Revised per Negotiation Meeting with City on 4/18/2023
219
Local Office:
1861 W. Redlands Blvd.
Redlands, CA 92373
(909) 890-1255, [email protected]
Evaluation Period Contact:
Lori Askew
Project Manager
(909) 890-1255 x110
[email protected]
1861 W. Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Years of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
February 28, 2023
City of Fontana
Purchasing Office
8353 Sierra Avenue
Fontana, CA 92335
Attn: Elia Alvarez
RE: Proposal for Design Services for Date Elementary School Street Improvement Project (SP93-DE-23) Dear Ms. Alvarez:
Engineering Resources of Southern California, Inc. (ERSC) is pleased to have the opportunity to submit our qualifications, in addition to those of our subconsultant, to the City of Fontana (City) as qualified and experienced consultants to provide Professional Civil Engineering Services. Based upon our review of the RFP, knowledge of civil engineering, and consultation of available supporting documents we have developed a thorough understanding of the scope of services in order to provide outstanding service to the City.
Matt Brudin, P.E. - Principal-in-Charge
Matt Brudin will serve as ERSC’s Principal-in-Charge during the term of a potential agreement with the City. Mr. Brudin brings over 25 years of civil engineering experience in complex planning, design, and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines including site development, streets and roads, grading and drainage, and flood control facilities. Matt will provide design guidance, QA/QC, and industry expertise to the ERSC team.
Lori Askew, Project Manager
Lori Askew will serve as ERSC’s Project Manager during the term of a potential agreement with the City. She has over 30 years of Civil Engineering design and management experience in Public Works projects. She spent 20 of those years as a municipal employee, so she understands the intricacies of working in a local agency. The City can be confident that this project is to be executed under the supervision and guidance of highly trained professionals while under Lori’s leadership.
ERSC understands that the City wants to select the firm that best fits the goals of the City. In selecting ERSC, the City will benefit from the following:
• Familiarity – ERSC has served numerous municipal agencies and our Project Manager has intimate knowledge of the workings of multiple municipalities.
• Experience – ERSC’s familiarity with all civil engineering disciplines. Our firm focuses solely on the public sector and public works projects.
• Partnerships – ERSC has worked closely with the partners listed in this proposal and has selected them based on expertise and experience in the discipline.
By selecting ERSC, the City will benefit from the wealth of knowledge and experience that our team possesses, and we are confident in our abilities to go above and beyond to deliver exceptional service to the City.
I have read, understood, and agree to all statements in this Request for Proposal and acknowledge receipt of all addendum/amendments as well as to the terms, conditions, and attachments referenced. This proposal shall be valid for a period of not less than 120 calendar days from the closing date and time of the Request for Proposal.
We look forward to the possibility of working with the City and thank you for the opportunity to submit this proposal. If you have any questions or require additional information, please contact me at [email protected] or (909) 890-1255, ext. 103; or Ms. Askew at ext. 110.
Respectfully submitted,
John M. Brudin, PE, QSD Lori J. Askew
President Principal Engineer
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Table of Contents
Work Plan ................................................................................................................. 1 Firm Information & Background............................................................................... 6 Appendix - Resumes
221
Work Plan
PROJECT UNDERSTANDING
It is understood the City of Fontana (City) desires to have sidewalk constructed where none currently exists along Fontana Avenue between Athol Street and Merrill Avenue and on the southside of Merrill Avenue from Fontana Avenue westerly for around 350’ to where sidewalk currently exists. The sidewalk will provide a safe walking surface for pedestrians where there currently is none causing pedestrians to be forced to walk within the vehicular travel lanes or dirt shoulder. The sidewalk will be constructed within existing City right-of-way and where possible will be constructed at its ultimate location. Where ultimate right-of-way does not currently exist, the sidewalk will be constructed within current right-of-way limits with the street section being approved by the City prior to commencing design. The street section will be designed to be constructed with asphalt pavement, concrete curb and gutter, and concrete sidewalk. Improvements will also include
access ramps conforming to current ADA
standards, street signing and striping,
which will include a Class II bike lane, and
traffic signal modifications at Fontana
Avenue and Merrill Avenue. Both
Fontana Avenue and Merrill Avenue are
classified as Primary Highways with up to
4 lanes and up to 104-foot right of way,
per the City’s Hierarchy of Streets, dated
September 10, 2019. City Std. Plan No.
401 and 402 identify Primary Highways
with 104-foot right of way, 80-foot curb
to curb dimension, 12-foot parkway with
6-foot sidewalk. ERSC will adhere to
these guidelines as much as possible and
practical.
It is understood there is no intent to
acquire property within the scope of this
project.
SCOPE OF WORK
TASK A - PROJECT MANAGEMENT
ERSC will work with the City to schedule a project kick-off meeting. The intent of this meeting will be to introduce both sides of the Team and understand the varying roles of team members. This meeting will allow our team to review any changes in project scope, ask and answer questions that either side may have on the Project and understand any special requirements the City may request as a part of the project. This task also includes attendance at monthly progress/milestone meetings, whether held in the field, office or via teleconference, as directed by the City, occurring throughout the duration of the project design. In addition, this task will include the management of the project for ERSC design services, but not limited to: invoicing, filing, schedule updates and various administrative tasks.
TASK B – DATA COLLECTION
As-Built Research, Investigation & Review
ERSC will perform research of all record data available, including as-built documents, traffic data and any other available record data by utilizing the city of Fontana’s Public Records Portal. Our team will coordinate with the City to obtain any record drawings for the project area, including, but not limited to: Street Improvements, Signing and Striping, Street Lights, Storm Drainage, Water, Sewer, Traffic Signals and other Utilities. Our team will utilize this data in the design of the project, and will incorporate it into the project drawings for records purposes.
Utility Coordination, Research & Notification
ERSC will perform utility research by obtaining all utility information within the project limits. This will include, but not be limited to: Southern California Gas, Verizon, Southern California Edison and Spectrum. Several of these utilities have visible appurtenances located within the current street right-of-way. Our team will perform an initial notice via email (with return receipt) or certified mail Deliverables:
• Meeting Agenda and Minutes
• Monthly Invoices with Progress
Reports
• Schedule Updates
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return receipt depending on the organization. Correspondence is recommended to be on City letterhead, sent from a City email account in order to avoid fees from the various carriers, and will be documented and filed in the project files. Record maps will be used to show locations on the plans.
ERSC will provide further field investigations to locate, identify, verify locations, and determine the status of existing utilities. In addition, our team will obtain and review all applicable base map plans, atlas maps, substructure m a p s , specifications, reports, and record data
for all existing utilities, agencies, and
companies involved in the project area.
All utility research shall be incorporated on
plan and profile drawings and applicable
details as part of a Comprehensive Utility
Plan.
Upon completion of the final design
drawings and approval by the City, ERSC
will provide all affected utility agencies final
plans as well as a construction schedule.
Survey and Mapping
ERSC will provide the aerial targets required for Inland Aerial Surveys, Inc., who will fly the project and produce the survey at a 1” = 40’ scale with a 1’ contour interval. ERSC will research available record information pertaining to the project area including Tract Maps, Records of Survey, Parcel Maps, and Right of Way maps in order to prepare the base maps for which the street design will be based upon. The project site will be flown to have survey provided that extends minimally 50-feet beyond the project limits and width of minimally 120-feet.
ERSC will perform office and field work required to prepare the background for the design. Staff will research and review available survey records at the County of San Bernardino and City of Fontana. Survey control will be established to confirm horizontal and vertical control. ERSC will perform a field topographic survey of the project limits identifying all surface topography as shown in the aerial and collecting elevations for such topography.
Survey for surface topography will be gathered for both sides of Fontana Avenue from Athol Street to Merrill Avenue, and the south side of Merrill Avenue from Fontana Avenue westerly to where curb, gutter and sidewalk currently exist. Survey will locate right of way, curb, gutter, sidewalk, edge of pavement, trees, streetlights, signage, and surface utilities, with the specific intention of identifying obstructions in the way for installation of the street widening and construction of curb, gutter and sidewalk. Data will be collected to provide for plotting cross sections at 25-foot intervals. Elevations at all proposed join points will be obtained and all existing ADA ramps will be checked to confirm they meet current standards.
Geotechnical Investigation and Report
Geotechnical Investigation is not required for this project.
TASK C - CONSTRUCTION PLAN PREPARATION & COORDINATION
With information gathered in prior tasks, ERSC will create base maps for the plans to be designed upon. The record drawings obtained from the City and utility information received will be meshed with the surface items obtained from the survey to create a comprehensive base plan in which to prepare demolition and improvement plans. It is anticipated that all to scale plans will be prepared at 1”=40’ scale (except for the Traffic Signal Plans), unless a larger scale is necessary to provide clarity. All submittals shall include electronic versions of the documents in a format acceptable to the City.
Street Improvement Plans
With the base maps created for the various plans, street improvement plans will provide plan and profile. The plan will show both sides of the street from right of way lines and all existing surface and below grade topography. Curb and gutter will be placed at ultimate location where right of way allows. This is anticipated on the northwesterly side of Fontana Avenue where the half-street right-of-way appears to be 50 or 52-feet. And also on the southeasterly side of Fontana Ave. from Lemon St. to Merrill Avenue where the half-street right-of-way varies from 50 to 52-feet. The portion of Fontana Ave. between Athol St. and Lemon St. is consistent at a half street right-of-way of 35-feet. The southside of Merrill Avenue appears to have a half-street right-of-way of 44-feet west of Deliverables:
• Topographic Base Map at 40’ scale
with 1’ contour intervals (Autocad
format)
• Digital Terrain Model (DTM surface)
• Survey Control Plan & Corner Record
Deliverables:
• Copies of all correspondence/notices with affected utility agencies • Copies of maps and record data provided from the affected utility agencies.
Assumptions:
• Based on a review of the location and scope of work, our team anticipates there may be a necessity for potholing various utilities appurtenances where grade changes occur and also Traffic Signal appurtenances. Potholing will be further defined below and included in the Fee Proposal.
Deliverables:
• 60%, 90% and 100% Progress Plans – 24” x 36” size bond paper ○ Plans include Street, Signing & Striping, Traffic Signal Modification, Fiber Optic (Optional) – All plans at 40’ scale, except Traffic Signal at 20’ scale.
• Final Plan - (24” x 36” Size Mylars)
○ Plans include all submitted from 100%, at scales identified. 2 223
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Fontana Avenue. ERSC will propose a street section for approval by the City prior to commencing with design for the areas that are not at ultimate right-of-way. The profile will show the existing grade at the centerline, possibly where edge of existing pavement is to be joined and where proposed curb will be located. The proposed top of curb profile will also be shown. Street Improvement Plans will also provide street typical sections, cross-sections, horizontal control, join points, off-site grading (if necessary) and any other information deemed necessary to produce a comprehensive construction plan.
Sheets containing cross-sections at 25-foot intervals shall be plotted at 8-foot horizontal and 0.8-foot vertical scales for the entire length of the project.
Signing and Striping Plans
STC will prepare the signing and striping plans at a scale of 1” = 40’. The plans will include full geometry of Fontana Avenue between Athol Street and Merrill Avenue, and extend a minimum of 50 feet beyond the advance detection on Fontana Avenue on each end of the corridor. The plans will show existing signing, striping, pavement, and curb markings, required removals, required signs to be protected in place, and proposed improvements for ultimate alignment. Pavement delineation will include appropriate turn pocket lengths based on available traffic counts and queuing analysis with transitional areas to join into existing lanes. Plans will identify the location and type of all existing/proposed signs by CA-MUTCD sign code. Plans will include provisions to remove and replace existing signs with new and improved signs to meet the latest retro-reflectivity requirements, as needed. STC is aware that the City of Fontana’s Design Standards require that there shall be no breaks in the plan layout occurring within 500 feet of any intersection.
Traffic Signal Modification Plans
STC will prepare a traffic signal modification plan for Merrill Avenue and Fontana Avenue at a scale of 1” = 20’. The base plan will show existing right of way lines, roadway centerlines, curb, gutter and sidewalk, existing signs and traffic controls, and utilities of record. All traffic signal components will be drafted using the latest CAD standards for traffic signal design. Plans will include general notes, construction notes, phase diagrams, pole and equipment schedules, conduit and conductor schedules, legend listing each utility symbol, and details for traffic signal controller cabinet assembly location, type of controller, pole locations and foundations, pull boxes, conduits, loops, and splicing.
Other elements of design will include EVP systems, pole and mast-arm signage, APS and countdown signal heads, battery back-up systems within the controller cabinet, license plate reader cameras, and LED safety lighting.
Advertisement/Construction Support
ERSC’s Project Manager and STC key personnel will work closely with City staff to respond to bid RFI’s. Should addenda be required, the ERSC team will assist the City with preparation. All written responses to Bidder inquiries will be provided within two working days of receipt. During the construction phase, ERSC’ Team will provide review of shop drawings and materials/product submittals for conformance with the plans and
specifications. ERSC staff will be available
to review change orders and provide
clarification of design intent when
necessary.
Fiber Optic Interconnect Plans
STC will prepare separate traffic signal interconnect plans at 1” = 40’ scale to achieve fiber optic interconnect between Athol Street and Merrill Avenue on Fontana Avenue. STC will coordinate with the City to determine if a single conduit or multiple conduit duct bank will be installed between the signals. The Design will include the locations of conduit and pull box installation, call out for necessary equipment in each of the two existing traffic signal cabinets, and fiber optic splice diagrams.
Potholing for Traffic Signal
If potholing new traffic signal pole locations is deemed necessary during preliminary design, competitive quotes will be requested from three (3) companies to complete potholing utilizing the “X-Trench” method. This work will include potholing traffic signal pole using “X-Trench” method, to full depth and width of the respective foundation plus 10%; removal of sidewalk panels for pothole operations and permanent replacement of sidewalk panels as needed; Dig Alert coordination and delineation; encroachment permit; vacuum excavation to top of utility, encasement or stop depth; vacuum excavation spoil removal and dumping; standard traffic control.; 1-sack PCC slurry backfill or concrete class 100E-100; engineered traffic control plans; permanent cold patch; removal of debris; and, detailed pothole report with photographs. Potholing will take place at the 100% design process, following the 90% review and revision. STC will produce an exhibit detailing traffic signal pole foundations, width, and depth along with station and offset to aid in locating each pole location in the field. STC’s design engineer will be present during potholing to observe and verify each pothole location is correct before potholing operations begin. The design engineer will be available if any issues arise and if any new potholing locations are required. The fee included for this task is an estimate of the anticipated quote based upon two potholes for traffic signals and on previous experience but is subject to change when quotes are received.
Deliverables:
• Written responses to RFI’s, process shop drawings and submittals, and construction design changes.
Deliverables:
• Pothole Map and Final Report
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TASK D - COMPOSITE UTILITY PLAN, UTILITY COORDINATION &
POTHOLING
Using the base sheets created for the prior tasks, ERSC’s team will create a comprehensive utility plan indicating all utilities’ current and ultimate disposition (remain, remove, relocate). Utilities included will be all above and below grade, wet and dry, overhead power poles, lines and other appurtenances, manholes, valves, laterals and any other identified utilities. The plan will identify each utility size, material and any identifying information for the item. Utility owner with contact information will be included in a matrix on the plan with responsibility for removals and/or relocations and the design for any new utility required to be constructed.
Utility potholing for this plan will occur once all utilities have been mapped, site verified at the surface and included on the Composite Utility Plan. The proposed design will be overlayed on the Utility Plan and areas of conflict will be identified. Besides looking for physical conflicts, grade change will be looked at to see if minimum/maximum cover criteria for the various utility is compromised. Once areas of conflict are determined, a map will be generated for pothole location and submitted to at least three Pothole companies to obtain competitive bids. ERSC will work with the pothole contractor to pull a City No-Fee Encroachment Permit.
Our fee estimate includes a lump sum cost for potholing work by a utility pothole company and/ or contractor. The fee is based upon the assumption of 10 potholes to locate existing utilities.
TASK E - CONSTRUCTION COST ESTIMATE & SPECIFICATIONS
ERSC will prepare the Technical Provisions of the Specifications and the Bidding Schedule which will identify all Civil Engineering related bid items for the project for incorporation into the General Provisions part of the Specifications which will be supplied by the City of Fontana. Specifications will be
prepared, based upon the latest edition
of the Greenbook and Caltrans, in Word
format and Engineer’s Estimate will be
prepared in Excel format, unless requested
differently.
TASK F - RECORD DRAWINGS
ERSC will revise the necessary construction plans to incorporate plan revisions due to construction changes. Within thirty (30) days following the completion and acceptance of the Project, ERSC will furnish a complete set of As-Builts on Bond paper to the City.
Revisions will be solely based upon as-built information provided to the City and ERSC by the City’s Construction Manager and the Contractor. Upon approval of bond copy of plans by the City, ERSC will plot the As-Builts on Mylar for submittal to the City for their records.
EXCLUSIONS
This proposal does not include preparation of Hydrology/Hydraulic Analysis or Reports, WQMP or SWPPP Plans/Reports.
SCHEDULE
Please see the following page.
Deliverables:
• Composite Utility Plan – 24” x 36” size bond paper
○ Plan at 40’ scale or 20’ scale if needed for clarity
○ Pothole Map and Final Report
○ Submitted within 60 calendar days of NTP
Deliverables:
• Bid Schedule and Engineer’s Estimate for Civil Engineering related items at 65% Submittal
• Technical Provisions, Bid Schedule and Engineer’s Estimate at 90% Submittal • Final Technical Provisions, Bid Schedule and Engineer’s Estimate at 100% Submittal Deliverables:
• Final “as-built” drawings reflecting
construction changes
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Schedule
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Firm Information & Background
Executive Summary
Engineering Resources of Southern California, Inc. (ERSC) was formed in 1996 with the asset purchase of NBS/Lowry, Inc. Since formation, ERSC has been committed to serving Special Districts, Regional Agencies, and Municipalities in Southern California’s public sector. Our team provides a comprehensive set of professional services and solutions for the life of any potential project.
ERSC Professionals
The strength behind ERSC is our qualified and experienced engineers, designers, construction observation personnel, and administrative support staff. We excel at matching the exceptional skills, technical abilities, character, and attitude of our team members to the needs of our clients. ERSC staff works daily to create client partnerships and transform projects from the broadest level of general scope to final planning, design, implementation, and construction resolution.
Project Contact
Lori Askew
Principal Engineer
1861 W. Redlands Blvd.
Redlands, CA 92373
Phone: (909) 890-1255
Fax: (909) 890-0995
[email protected]
Construction
Management &
Inspection
Survey & Mapping
Environmental
Services
Civil Site Design
Transportation/
Traffic Engineering
Independent Plan
Review
Water/Wastewater
Engineering
Water Quality/NPDES
Flood Control &
Drainage Engineering
Professional &
General Liability $1.0m Per Occurrence; $2.0m Aggregate Automobile $1.0m Combined Single Limit
Worker’s Comp Maintained as Required by Law
ERSC Insurance Coverage Levels
Vital Information
CA Corporation
25 Years in Business
37 Employees
FEIN: 33-0718153
CA DIR: 1000017460
Corporate Officers
John M. Brudin, PE - President
Moe Ahmadi, PE - Vice President
Trent Brudin, PE - Secretary
Craig Brudin - Treasurer
Our Locations
Redlands
(Corporate Office)
1861 W. Redlands Blvd.
Redlands, CA 92373
R
T
P
Temecula
41593 Winchester Rd., Suite 200
Temecula, CA 92590
Palm Desert
77-564 Country Club Dr.
Palm Desert, CA 92211
Many ERSC professionals have experience as municipal and public agency employees and can approach your project with first-hand knowledge of agency culture and how any agency envisions the planning and processing of a well-executed project.
ERSC Reliability
Our 25-year service record is a testimony to the quality of services we provide. Many of our clients continue to seek our services, and have done so since our first year of business. ERSC has also developed significant financial resources and organizational efficiencies that allow us to consistently exceed client expectations.
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Firm Information & Background
Years of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Subconsultants
John M. Brudin, PE
Principal in Charge
Lori Askew
Project Manager
STC Traffic, Inc.
Traffic Engineering Trent Budin, PE
Project Engineer
Katherine Hernandez
Project Designer
Proposed Project Team
References
PW 19-11 Bike Lane & Trail Program - Temecula Creek South Side Trail | Project Term: 2020 - Ongoing | Contract Value (to date): $550,286
Under an on-call engineering agreement, the City of Temecula contracted with ERSC for the preliminary and final engineering services necessary to provide project scoping and final design for the Temecula Creek South Side Trail Project. The Temecula Creek South Side Trail is part of a larger trail loop identified in the City’s Multi-Use Trails and Bikeways Master Plan Update (Master Plan) as the Temecula Loop.
More specifically identified as Gap Closure Alternative 15(GCA 15). Services required to complete the project will be provided in two (2) phases, including an investigation and summary of the potential issues affecting the project and the development of contract documents including plans, specifications and estimates.
Overland Drive Widening | Project Term: 2020 - Ongoing | Contract Value (to date): $273,445 In early 2020, ERSC began and completed an analysis of the impacts related to the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive. The project included mapping and an evaluation of the effects of a roadway widening project on private and public improvements within the project area.
ERSC will coordinate with the Rancho California and Eastern Municipal Water Districts for relocation and adjustment of water and sewer facilities, as well as various power and communications companies for the relocation of dry utilities impacted by the project (pad mount transformers, underground vaults, and service pedestals).
At Overland Drive and Commerce Center Drive, a previous project resulted in the installation of conduit and pull boxes associated with future traffic signal construction and the previously installed conduit and pull boxes, and the easterly leg of Overland Drive, require reconstruction. The widening project will include the installation of a new traffic signal and striping modifications, and installation of new street lighting including street light plans developed per industry standards and City of Temecula standards and guidelines. ERSC’s project team will also prepare legal descriptions and plats in support of the right-ofway acquisition effort.
PW20-02 Fifth Street Improvements | Project Term: 2020 | Contract Value: $37,589 Under an on-call engineering agreement, ERSC provided survey and engineering services for preparation of street improvement plans for the north of side of Fifth Street from Front Street to the Murrieta Creek.
This project is subject to the elements of the Old Town Specific plan and the design criteria therein. The specific plan requires on-street parking, a 12-foot pedestrian mall, and a round-a-bout. ERSC collected record data, performed survey data collection in the field with 25-foot street cross sections, drafted a conceptual design for approval, and prepared plan specifications and estimates for the project
CITY OF TEMECULA, CA
ERSC Project Team:
John M. Brudin, PE
Lori Askew
Katherine Hernandez
Nino Abad, PE, Project
Manager
(951) 308-6385
[email protected]
Chris White, Associate
Enginer II
(951) 308-6388
[email protected]
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Firm Information & Background
Years of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Murrieta Creek Bridge | Project Term: 2019 - Ongoing | Contract Value (to date):
$316,092
As a partner to the CNS Engineers’ team, ERSC is providing engineering design services to the City of Temecula’s Overland/Murrieta Creek Bridge Project. The project will extend Overland Drive through Commerce Center Drive, Enterprise Circle West, over the Murrieta Creek, and connecting to the Avenida Alvarado at the Diaz Road intersection, including the construction of two traffic signals at each of the intersections.
This ongoing project holds many challenges due to the consolidation and incorporation of several City projects that have been either designed or partially developed. Hydraulic modeling of the creek was prepare to analyze the pre- and post-improvement conditions and impacts as part of the work. ERSC is also responsible for navigating permitting/coordination challenges through various agencies including the Army Corps of Engineers, Riverside County Flood Control District, Rancho California Water District, and Eastern Municipal Water District.
Traffic Signal System – Rancho California Road & Tee Drive | Project Term: 2020-21 | Contract Value:
$27,379
Under an on-call engineering agreement, the City of Temecula contracted with ERSC for the design a new traffic signal system at the intersection of Rancho California Road and Tee Drive, including a new power source. Aside from typical utilities, ERSC’s work will include exploration and evaluation of several blow offs, valves and manholes valves within or adjacent the intersection that indicating there is water, recycled water and sewer in the vicinity, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing them with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. In addition to the utilities, the proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi-use Trails and Bikeways Master Plan.
Rehabilitation of Alicia Parkway
The City of Aliso Viejo contracted with ERSC for the rehabilitation of Alicia Parkway from Pacific Park Drive to City limits. Alicia Parkway is classified as a Major Arterial (6-Lanes, Divided) per the City of Aliso Viejo General Plan, Circulation Element. In addition, the Circulation Element calls for a Class II “bike lane” along this segment of roadway. To assist the City of Aliso Viejo in maintaining the condition and riding surface of Alicia Parkway, ERSC prepared all necessary survey, roadway improvement plans and specifications, as well as signing and striping and traffic control plans.
Rehabilitation of Pacific Park Drive
The City of Aliso Viejo contracted with ERSC for the rehabilitation of Pacific Park Drive from Aliso Viejo Parkway to Aliso Creek Road. Pacific Park Drive is classified as a Major Arterial (6-Lanes, Divided) per the City of Aliso Viejo General Plan, Circulation Element. In addition, the Circulation Element calls for a Class II “bike lane” along this segment of roadway. To assist the City of Aliso Viejo in maintaining the condition and riding surface of Pacific Park, ERSC will prepare roadway improvement plans and specifications, as well as signing and striping and traffic control plans for full depth replacement of failed pavement and base, sidewalk improvements, and ADA improvements.
ON-CALL ENGINEERING SERVICES, CITY OF ALISO VIEJO, CA
Project Term: 2021 - Ongoing | Contract Value (to date): $403,865 ERSC Project Team:
John M. Brudin, PE
Trent Brudin, PE
Shaun S. Pelletier, P.E.,
Public Works Director/City
Engineer
(949) 425-2533
[email protected]
5th Street/Greenspot Road Bikeway Improvements | Project Term: 2013-2019 | Contract Value: $143,860 ERSC was retained by the City of Highland to engineering and construction services for the City’s widening of 5th Street/Greenspot road and bikeway improvements. As the City completed the new Greenspot Bridge over the Santa Ana River, it was necessary to widen the road and the old iron bridge would be access restricted to bicycle and pedestrian traffic.
Upon completion 5th Street/Greenspot Road would be widened to accommodate 2 travel lanes in each direction with a painted center median and bike lanes. Total length of the widening was approximately 6,000LF.
At Santa Ana Canyon Road, the Bikeway would be taken out of the Greenspot Road alignment and onto a new trail system. This trail would include a fully signed and striped bike/pedestrian trail that followed the previous alignment of Greenspot Road. This trail includes the historic Iron Bridge at Santa Ana Canyon Road. As a part of the project, ERSC designed the trail, signing/striping, and 30 way finding signs/access points along the alignment.
CITY OF HIGHLAND, CA
ERSC Project Team:
John M. Brudin, PE
Trent Brudin, PE
Lori Askew
Carlos Zamano, P.E.
Assistant Public Works
Director
(909) 864-6861
[email protected]
8 229
Firm Information & Background
Years of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Tippecanoe Pavement Rehabilitation | Project Term: 2021 - Ongoing | Contract Value: $150,535 (to date)
ERSC provided professional engineering services related to Cooperative City/County Pavement Rehabilitation Project, str20003 pavement rehabilitation of five street reaches covering four streets. For Tippecanoe Avenue, existing AC and native material was pulverized in place, a portion of the pulverized material removed, cement added to the remaining pulverized material, followed by placement of HMA and RHMA for the reach from 3rd to 6th.
Sector E Pavement Rehabilitation | Project Term: 2020 - Ongoing | Contract Value: $203,595 (to date) ERSC was retained by the City of Highland to provide engineering services related to the City’s proposed Pavement Management Program, Sector E, Pavement Rehabilitation, str20001. The City has proposed rehabilitation of 15 streets in Sector E, located in the southeast portion of the City in an effort to complete implementation of its comprehensive 5-Year Pavement Management Program (PMP). The project is funded with SB – 1, local Measure I, and RAC grant funds.
The scope of work will also likely include design for features and/or replacements not yet identified nor quantified to protect the pavement investment from drainage damage and assure ADA compliance.
Additionally, formal striping/marking plans are anticipated to be required for the single arterial street, Greenspot Road. A flood channel crossing of Webster Street is located in SBCFCD right-of-way, and therefore may also entail coordination/permitting from that agency.
ERSC will conduct site visits to assess condition/location of the drainage related issues and of ADA compliance issues concerning damaged or missing ramps. To further assist we will contract with a subconsultant geotechnical firm for a visual inspection of all streets and additional subsurface investigation for the single arterial, Greenspot Road.
2018-19, 2019-20 & 2020-21 CDBG Pavement Improvement Projects | Project Term: 2018-22 | Contract Value: $95,442
ERSC was retained by the City of Highland to provide engineering services for two CDBG-funded projects, for years 2018-19 and 2019-20. Both projects involve site inspection, pavement evaluation, review of drainage and ADA issues and preparation of construction documents for rehabilitation and repair. That for ola2018-2019 involves two streets, Elmwood Road, from Baseline to Fisher Street (1,800 linear feet); and Walker Street from Sterling Avenue to East end, (960 linear feet). Ola 2019-2020 includes two streets also, Del Rosa Avenue from 4th Street to 5th Street (720 linear feet), and Elm Street, from 6th Street to 9th Street (2,040 linear feet).
Funding will be provided by the Community Development Block Grant Program (CDBG) administered by the County of San Bernardino Development and Housing Department. Specification document, therefore, will include applicable federal requirements. ERSC will coordinate with a subconsultant firm to conduct field investigations and provide recommendations for pavement and rehabilitation methods and costs.
A preliminary site inspection and recent experience and City practice indicate that rehabilitation is expected to include repair of severely distressed areas by pavement removal and replacement, crack repair/seal, bump grind, edge repair, header cut and cold planing, repair of drainage issues that would compromise new paving, repair of soft or wet subgrade, and HMA overlay. 9 230
Appendix
231
Over the past 25 years, Mr. Brudin has been
involved in a number of complex planning,
design and construction projects. His ability
to effectively communicate with agency
personnel and team members provides
the vital link between client and consultant
and ensures that the goals of each project
are met. Mr. Brudin has a broad base of
experience in various disciplines including
water resources, site development, streets
and roads, grading and drainage and flood
control facilities.
Mr. Brudin has served as a District
Engineer for the Lake Hemet Municipal
Water District, City Engineer for the City
of Hemet, and 1as a Project Manager for
“as-needed” professional engineering
plan check services for several cities in
the Orange, Riverside and San Bernardino
County areas. Under these contracts, he
has managed construction inspection/
administration, development review, and
plan check services for land development
and capital projects, including grading,
water, sewer, drainage, traffic signal and
street improvement plans.
CA, Civil Engineer No. C41836
QSD/QSP No. 00707
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
American Public Works Assc.
Floodplain Management Assc.
Water/Wastewater Engineering
Flood Control Engineering
Project Management
Quality Control
Education
Affiliations
Areas of Expertise
Similar Project Experience:
Overland Bridge at Murrieta Creek, CNS Engineers, Temecula, CA, 2020-Present, $316k to date - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado at the intersection of Diaz to the west of the creek, with Overland Drive at the intersection of Enterprise Circle to the east of the creek.
State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA, 2019-Present, $540k to date – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment.
Roadway design and environmental clearance for the Street; a vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210.
40th Street Widening Project, City of San Bernardino, CA, 2017-18, $245k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. Also included is traffic signal modifications at Electric Ave. and drainage modifications.
Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA, 2017-19, $107k - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE.
Riverside Drive Street Widening, Signal Modifications, Signing and Striping, Lake Elsinore, CA, 2016-17, $258k - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Coordinated completion of all CalTrans requirements to facilitate completion of the project.
Washington Street at Fred Waring Drive Triple Left Turn Lanes Project, City of La Quinta, La Quinta, CA, 2019-21, $165k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment.
Design of intersection modifications incorporating a third left turn lane in each direction to reduce traffic during peak hours. The scope also included CEAQ document preparation, utility coordination and PS&E.
Traffic Signal System – Rancho California Road and Tee Drive, City of Temecula, Temecula, CA, 2020-21, $27k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design and utility coordination for a new traffic signal system, including a new power source.
Exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. The proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multiuse Trails and Bikeways Master Plan.
John M. Brudin, PE | President
232
Ms. Askew has over 30 years of experience
in design and management of public and
private improvement projects. She has
spent the past 20 years as a local municipal
employee in Public Works with the last
eight years in an executive management
position overseeing various levels of
staff and consultants. She has managed
Capital Improvement Program projects
for streets, storm drains, water and sewer
in addition to large land development
projects with significant grading
challenges. She is very knowledgeable in
understanding the workings and challenges
of local government and comprehends the
constraints of various City funding sources
such as Gas Tax, Measure A and SB1.
Ms. Askew has been city liaison to Western
Riverside Council of Governments (WRCOG),
Riverside County Flood Control & Water
Conservation District, Caltrans, Riverside
County Transportation Commission (RCTC),
several water districts and school boards.
Land Development
Municipal Engineering
Traffic and Transportation
Areas of Expertise
BS, Civil Engineering, Michigan Technological
University, Houghton, MI
Education
Similar Project Experience:
County Line Road Transportation Corridor Improvement Project: Project Manager for design and construction of street improvements including pavement widening to include bike lanes, installation of curb, gutter, sidewalk and construction of round-abouts at 4 intersections. Project is joint improvement project with adjacent city, as street centerline is City and County boundary. Project challenges include various funding sources through grants, coordination with adjacent city/county, right-of-way acquisitions, and construction in phases.
Calimesa Creek Storm Drain Improvements: Project manager overseeing design and construction for nearly 2,000 lf of 18” – 78” RCP storm drain pipe, 200lf of 6’ x 6’ concrete box structure and 53-acre-foot detention basin. Project will minimize erosion of Calimesa Creek by transitioning from an open channel system which currently discharges into Calimesa Creek, to a closed system. Only low flows will remain in the Creek, thus eliminating the need to mitigate significant acreage. Detention Basin upstream eliminates the need for existing pipe at downstream end of system to be enlarged under the I-10 freeway. Project is funded with EPA grant, Riverside County Flood Control & Water Conservation District Funds and City Development Impact Fees.
Third Street Improvement Project: Project Manager responsible for overseeing design and construction of 3,300 linear feet of Third Street from Valley View Avenue to Corona Avenue which includes removal of existing asphalt street and replacement with full street improvements, within existing right-of-way, consisting of curb, gutter, asphalt pavement, equestrian trail with fence, replacement of private improvements to match new grades.
Also included were storm drain improvements on Reservoir Drive, north and south of Third Street which involved installation of over 1,800 linear feet of 30-inch HDPE pipe and 400 linear feet of smaller size HDPE pipe. Funding for this portion of the project was through Riverside County Flood Control and Water Conservation District as one of their Master Drainage Plan projects.
Navy to Norco College (RCC) Sewer Improvements: Project designer and project manager overseeing construction of 1,100 linear feet of 8-inch VCP sewer line and related appurtenances from a lift station located on Navy property to a city owned SSMH located on the Norco College Campus. The biggest challenges for the project was finding a route through the Norco College Campus that allowed the sewer line to flow by gravity and a construction schedule that minimized disruption to the Campus.
Hamner Avenue Widening Project: Project Manager responsible for overseeing the design and construction of 3,600 linear feet of Hamner Avenue from the north City boundary to north of the Hamner Avenue Bridge. Hamner Avenue was widened from a two-lane street to three lanes in each direction but currently striped for two in each direction. Improvements include curb, gutter, sidewalk, asphalt pavement, relocation of a City of Norco 20-inch potable waterline, installation of a 30-inch waterline owned by the Chino Desalter Authority (as part of their future expansion), and storm drain improvements. The traffic signal at Citrus Street was modified for a four-way intersection to accommodate the future Silverlakes Equestrian and Sports Park. A 42-foot-wide by 15-foot-high causeway was constructed under Hamner Avenue south of Citrus Street to provide flood relief from the adjacent Santa Ana River and also provide access to the adjacent park on the west side of Hamner Avenue located in the City of Eastvale. A detention basin was constructed as part of the project and resides on the west side of Hamner Avenue, south of Citrus Street and acts as a desilting basin for the 72” storm drain that discharges to it. Hamner Avenue design took into consideration the future replacement of the Hamner Avenue Bridge.
Second Street Improvement Project: Project Manager overseeing the design portion of the project which was done by a contract engineer beginning in late 2004. The project consisted of widening Second Street, a designated collector street, to its ultimate rightof-way between the I-15 Freeway and Corona Avenue, with full street improvement consisting of curb, gutter, asphalt pavement, pedestrian-equestrian trail with fence, realignment of the intersection with Valley View Avenue, storm drain improvements and utility relocations. Design also included pavement rehabilitation of Second Street from Corona Avenue to Hillside Avenue. Land acquisition and coordination with Caltrans delayed construction of the project which did not begin until early 2011. Additional Lori Askew | Principal Engineer
233
Lori Askew | Principal Engineer
responsibilities for this project include construction management where I was responsible for overseeing all aspects of construction.
Auger/Grinder Sewage System Project: Responsible for the design of a wastewater system which incorporated a packaged wastewater auger/grinder system to be installed on California Rehabilitation Center (CRC) property. The system removed unwanted solids and sludge discharged from CRC prior to entering the collection system owned by the City of Norco and ultimately the treatment facility owned by Western Riverside County Regional Wastewater Authority (WRCRWA).
Cherry Valley Boulevard/I-10 Interchange: City Liaison to Riverside County Transportation Department who is acting as lead for the City of Calimesa on this project. The Project is the reconstruction of an interstate freeway interchange to accommodate significant residential and commercial growth surrounding the interchange. The Project is being processed through Caltrans with the Project Study Report having been completed and approved in 2018. It is now in the PA/ED phase. Interchange configuration alternatives being considered are Round-Abouts, Diverging Diamond and Partial Cloverleaf. Funding is secured up to the construction phase through Developer Impact Fees and credit agreements with the Western Riverside Council of Government’s (WRCOG) Traffic Uniform Mitigation Fee (TUMF) program.
Silverlakes Equestrian and Sports Park: Project Manager overseeing the concept creation, planning and construction of a City owned 122-acre parcel of land with a federal deed restriction over it for Park use only. Challenges included parcel being located in a flood zone adjacent to the Santa Ana River, working with the Army Corp of Engineers after a flooding of the property occurred during construction, development being funded privately by developer and crafting a 99-year lease to developer. Project has 25 soccer fields including natural and synthetic turf, competition horse arenas, paved and porous parking lots and eating facilities. 234
Mr. Brudin was introduced to the industry
in 2012 as an intern at Lake Hemet
Municipal Water District. Since then, he
has held positions as Assistant Project
Engineer and Project Engineer at C.W.
Driver, a general contracting firm, until
shortly after his graduation in 2015 when
he took a position as Associate Civil
Engineer at Parsons Corporation. Trent
joined the ERSC team as Engineer II in
early 2016.
Mr. Brudin’s time in the industry has been
spent providing hydrology studies, drainage
design, site grading, geometric site layout,
WQMP and SWPPP documentation,
intersection improvements, traffic signal
modifications, water and wastewater
pipeline design, water feasibility studies,
and so on.
CA, Professional Engineer No.90924
AZ, Professional Engineer No. 73812
QSD No. C90924
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
Site Layout & Geometrics
Hydrology & Drainage
AutoCAD Civil 3D
Traffic and Transportation
Water and Wastewater
SWPPP Compliance
SWPPP Development
Education
Areas of Expertise
Similar Project Experience:
Riverside Drive Street Widening, Signal Modifications, Signing and Striping, City of Lake Elsinore, Lake Elsinore, CA – Project Engineer in the development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Steven coordinated completion of all CalTrans requirements to facilitate completion of the project.
Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, La Quinta, CA – Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans.
La Cadena and 8th Street Intersection Reconfiguration, City of Colton, CA – Project Engineer during reconfiguration of the La Cadena & 8th Street intersection. Staff created a concept considering the wishes of City staff and council members that would reconfigure the intersection. The new concept included a free right bypass lane protected by raised median for north west traffic on La Cadena. Traffic from surrounding residential streets would stop at the new intersection with turn restrictions and channeled through raised medians for additional traffic calming. The reconfiguration of the intersection also required reconfiguration of existing drainage improvements. 40th Street Widening Project, City of San Bernardino, San Bernardino, CA – Project Engineer for the design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. The project requires ROW take from existing residences and businesses in the project vicinity to provide adequate length.
Also included is traffic signal modifications at Electric Ave. and drainage modifications.
State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA – Project Engineer for roadway design and environmental clearance for the Street; a vital transportation corridor. The final four lane roadway will improve traffic circulation from Baseline Street to SR210 Freeway. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design also includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and connecting to existing portions to the north and south. ROW acquisition is required to complete the project.
Aliso Creek Road Rehab from Aliso Viejo Parkway to SR-73, City of Aliso Viejo, CA – Project Engineer on the design of the Aliso Creek Road Rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR-73 interchange and obtaining a Caltrans Encroachment permit.
Trent Brudin, PE, QSD | Engineer IV
235
Similar Project Experience:
State Street Gap Closure Project, City of San Bernardino, CA, 2019-Present, $540k to date - Project Engineer for roadway design and environmental clearance this vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and ROW acquisition is also required.
Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, CA, 2019-21, $165k – Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans.
Traffic Signal System, Rancho California Road and Tee Drive, City of Temecula, CA, 2020- 21, $27k - Project Engineer during the design and utility coordination for a new traffic signal system, including a new power source. Work includes exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. In addition to the utilities, the proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi-use Trails and Bikeways Master Plan.
Design of Murrieta Creek Bridge, City of Temecula, CA, 2020-Present, $316k to date – Assisting in the design of a bridge structure over Murrieta Creek connecting Overland Drive at the intersection of Enterprise Circle West on the east side of the Creek to Avenida Alvarado at the intersection of Diaz Road on the west side of the Creek. Ms. Hernandez also assists on the PS&E and utility research and coordination.
Aliso Creek Road Rehab from Aliso Viejo Parkway to SR-73, City of Aliso Viejo, CA, 2017-Present, $47k – Project Engineer on the design of this rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR-73 interchange and obtaining a Caltrans Encroachment permit.
Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA, 2017-20, $107k - Project Engineer during the development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE. ERSC also provided geometric layout including aligning with existing streets, identification of existing utilities and storm drains, proposing new storm drain locations, an adequate bridge width to accommodate future traffic, pedestrian and bike flows, and the placement of the OC Bike Loop that is planned to run within the Carbon Creek channel.
Rancho Ave. A & N Street Intersection Improvements, City of Colton, CA, 2020-Present, $37k to date - Project Engineer during traffic and civil engineering services to the City of Colton to improve safety at the Rancho Avenue and N Street intersection. The new intersection will include reduced lanes from 2 to 1 approaching the intersection, signing/ striping improvements, permanent delineators, and a CalTrans High Tension Barrier System. Also provided services for design survey, pavement reconstruction, raised median, ADA, and curb and gutter improvements.
Katherine Hernandez | Engineer II
Ms. Hernandez is proficient in geographic
and environmental engineering, able to
identify and solve problems related to
environmental, geographical and territorial
resources, interrelated with social
processes and territorial ordering through
sustainable development. Qualified to make
cartography with modern technologies
related to geographic information systems
(GIS).
BS, Geographic and Environmental
Engineering, University of Applied and
Environmental Sciences (UDCA), Bogotà,
Colombia
Environmental Analysis
Water Resources
Planning
Education
Areas of Expertise
236
STC Traffic, Inc. | Traffic Engineering
STC Traffic, Inc.
Christian Lambarth, PE, TE, PTOE
Project Manager
Mr. Lambarth has over 13 years of experience in the management of traffic engineering projects in Southern California. He specializes in traffic signal design, signing and striping design, traffic control, traffic operational analysis, street lighting, and traffic signal interconnect. Mr.
Lambarth pulls from his years of experience in the transportation industry to develop PS&E that focuses on constructability, serving clients throughout Riverside County.
On-Call Traffic Engineering Services | Fontana, CA - As Project Manager, Mr. Lambarth was responsible for providing traffic signal modification for the intersection of N. Cherry Ave/Live Oak Ave. His ensured that the project deliverable exceeded expectations and conformed to City requirements and Caltrans Standard Plans and Specifications. The modified traffic signal will provide the intersection ultimate configuration and more efficient operations with permissive flashing yellow left turn movements. This project falls under STC’s on-call traffic engineering contract.
On-Call Traffic Engineering Services | Temecula, CA - Mr. Lambarth serves as Senior Project Engineer for task orders issued by the City, along with various other standalone traffic engineering design projects. As design engineer task manager for the HSIP Fiber Optic Communications System Upgrade Project, he leads design engineering task orders for utility coordination, preliminary and final engineering, specifications and estimates, bid assistance, as-builts, and QA/QC. He also served as senior project engineer for the Ynez and La Paz Traffic Signal Design Project and Murrieta Creek Bridge Project. Tasks led included a variety of civil plans, traffic signal design plans, signing and striping plans, lighting design, and preparation of traffic control plans.
On-Call Traffic Engineering Services | Menifee, CA - Serving as Senior Project Engineer, Mr. Lambarth is responsible for the development and delivery of task orders issued by the City, along with standalone traffic engineering design projects. Tasks completed to date include signing and striping, traffic signal modifications, median improvements, speed feedback signs, traffic control, construction support, and plan review. He has been responsible for producing bid ready design packages for two traffic signal modifications and intersection improvements for Murrieta and Scott Road. This included specifications and estimates in accordance with the most recent Caltrans Standard Drawings.
SDCRAA, San Diego International Airport Support Facilities | San Diego, CA - Mr. Lambarth led specialized traffic engineering services for the multidisciplinary team that executed the Design-Build Services for the International Airport Support Facilities Project. He prepared PS&E for traffic signal modification plans, signage and striping plans, traffic control plans, and construction support services for proposed improvements along N. Harbor Drive, Admiral Boland Way, and Pacific Highway.
Years of Experience: 13
Education: B.S., Civil Engineering, Michigan State
University, East Lansing (2009)
License:
Professional Engineer (Civil) California, #86675
Professional Engineer (Traffic) California, #2927
Areas of Expertise:
Traffic Signal Design
Communications & ITS Design
Signing and Striping
Traffic Control
Traffic Calming
Traffic Impact Analysis
237
Years of Service
Celebrating
E
n
gin
eering
Resources of Southern Californi
a, In
c.
Since 1996
238
14 16498.00150\32126437.1
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.
239
DESCRIPTION
Principal in Charge,
President
Matt Brudin, PE, QSD
Project Manager,
Principal Engineer
Lori Askew
Project Engineer,
Engineer IV
Trent Brudin, PE
Design Engineer,
Engineer II
Katherine Hernandez
Sr. Principal Engineer
Erik Howard, PLS
2-Man Survey Crew
Senior Engineering
Associate
Craig Brudin
Engineering Associate I
Administrative Support
Administrative Assistant
II
ERSC SUBTOTAL
STK Architectue, Inc.
Inland Aerial Surveys,
Inc.
STC Traffic, Inc.
Potholing
SUBCONSULTANT
SUBTOTAL
TOTAL
$285 $215 $165 $135 $240 $300 $175 $105 $85
2.00 36.00 12.00 - - 10,290.00 $ - $ $ - - $ 10,290.00 $ SUBTOTAL $ 7,740.00 570.00 $ 1,980.00 $ - $ - $ - $ - $ - $ - $ $ 10,290.00 $ - - $ - $ $ 10,290.00 - $ As-Built Research, Investigation & Review - 2.00 2.00 8.00 - 8.00 2,520.00 $ - $ - $ - $ - $ 2,520.00 $ Utility Coordination, Research & Notification 1.00 2.00 2.00 16.00 2,175.00 $ - $ $ 2,175.00 - $ Survey & Mapping 1.00 2.00 4.00 16.00 36.00 24.00 64.00 26,645.00 $ 4,620.00 $ $ 31,265.00 4,620.00 $ SUBTOTAL $ 860.00 - $ 990.00 $ 1,890.00 $ 3,840.00 $ 10,800.00 $ 4,200.00 $ 6,720.00 $ 2,040.00 $ $ 31,340.00 $ - 4,620.00 $ - $ $ 35,960.00 4,620.00 $ CONSTRUCTION PLAN PREPARATIONStreet Improvement Plans 2.00 10.00 40.00 66.00 $ 18,230.00 $ 18,230.00 - $ Signing & Striping Plans 4.00 $ 8,244.50 540.00 $ $ 8,784.50 8,244.50 $ Traffic Signal Modification Plans 4.00 $ 19,305.00 540.00 $ $ 19,845.00 19,305.00 $ Advertisement/Construction Support 8.00 24.00 8.00 $ 2,244.00 6,760.00 $ $ 9,004.00 2,244.00 $ Fiber Optic Interconnect Plans $ 8,244.50 - $ $ 8,244.50 8,244.50 $ SUBTOTAL $ 3,870.00 570.00 $ 10,560.00 $ 11,070.00 $ - $ - $ - $ - $ - $ $ 26,070.00 $ 38,038.00 - $ - $ $ 64,108.00 38,038.00 $ COMPOSITE UTILITY PLAN, UTILITY COORDINATION & POTHOLINGComposite Utility Plan - 2.00 20.00 36.00 - 8,590.00 $ - $ - $ - $ - $ 8,590.00 $ Potholing - 2 for TS Poles & 10 for Utility Locates 1.00 2.00 8.00 $ 1,650.00 1,625.00 $ 17,600.00 $ 19,250.00 $ 20,875.00 $ SUBTOTAL $ 645.00 - $ 3,630.00 $ 5,940.00 $ - $ - $ - $ - $ - $ $ 10,215.00 $ 1,650.00 - $ 17,600.00 $ $ 29,465.00 19,250.00 $ CONSTRUCTION COST ESTIMATE & SPECIFICATIONSConstruction Cost Estimate & Specifications 1.00 4.00 40.00 24.00 $ - 10,985.00 $ 4,059.00 $ - $ 4,059.00 $ 15,044.00 $ SUBTOTAL $ 860.00 285.00 $ 6,600.00 $ 3,240.00 $ - $ - $ - $ - $ - $ $ 10,985.00 $ 4,059.00 - $ $ - $ 15,044.00 4,059.00 $ RECORD DRAWINGSPrepare Record Drawings 2.00 8.00 12.00 - 3,370.00 $ - $ 1,573.00 $ - $ 1,573.00 $ 4,943.00 $ SUBTOTAL $ 430.00 - $ 1,320.00 $ 1,620.00 $ - $ - $ - $ - $ - $ $ 3,370.00 $ 1,573.00 - $ - $ $ 4,943.00 1,573.00 $ $ 500.00 $ - $ - - $ $ - $ 500.00
$ 4,620.00 92,770.00 $ 45,320.00 $ 17,600.00 $ 67,540.00 $ 160,310.00 $ $ 160,310.00
Task B DATA COLLECTION
FEE SCHEDULE
City of Fontana
Design Services for Date Elementary School Street Improvement Project SP-93-DE-23 TASK NO.
Task A PROJECT MANAGEMENT
Task CTask D
Task E
PROJECT TOTAL/NOT - TO - EXCEED
Reimbursable Expenses (Repro, Plotting, Shipping, Mailing and Mileage)TOTALS Task F
240
Years of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff
President ........................................................................... $285.00 Vice President.................................................................... $245.00 Sr. Principal Engineer......................................................... $240.00 Principal Engineer.............................................................. $215.00 Assistant Principal Engineer .............................................. $200.00 Engineer V ......................................................................... $180.00 Engineer IV ........................................................................ $165.00 Engineer III ........................................................................ $150.00 Engineer II ......................................................................... $135.00 Engineer I .......................................................................... $120.00 Engineering Staff
Principal Engineering Associate......................................... $195.00 Senior Engineering Associate ............................................ $175.00 Engineering Associate V .................................................... $155.00 Engineering Associate IV ................................................... $135.00 Engineering Associate III.................................................... $125.00 Engineering Associate II..................................................... $110.00 Engineering Associate I...................................................... $105.00 Engineering Aide II .............................................................. $60.00 Engineering Aide I ............................................................... $55.00 Survey Staff and Services
Principal Surveyor.............................................................. $200.00 Senior Surveyor................................................................. $165.00 Surveyor III ........................................................................ $130.00 Surveyor II ......................................................................... $115.00 Surveyor I .......................................................................... $100.00 2-Man Survey Crew (Std Equipment/Truck)...................... $300.00 1-Man Survey Crew (Std Equipment/Truck)...................... $235.00 3rd Man on Survey Crew................................................... $130.00 Construction Support Staff
Construction Manager....................................................... $200.00 Chief Construction Inspector............................................. $155.00 Sr. Construction Inspector................................................. $145.00 Construction Inspector...................................................... $135.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $185.00 Inspector Overtime (Hours 12+/Sundays)......................... $220.00 Administrative Staff
Operations Manager ......................................................... $110.00 Operations Specialist........................................................... $95.00 Administrative Assistant II ................................................... $85.00 Administrative Assistant I .................................................... $75.00 Other Direct Expenses
Vehicle Mileage ................................................ $0.70/Mile Subconsultant................................................... Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to
automatic increase upon July 1st of each
year. Rates will be adjusted by the percent
increase in California Consumer Price IndexAll Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR.
All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR.
Unless otherwise established by contractual agreement,
payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum).
January 1, 2023
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EXHIBIT C
Activity Schedule
242
Work Plan
Years of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Schedule
5 243
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EXHIBIT D
Federal Requirements
244
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2151 Agenda Date: 5/9/2023
Agenda #: H. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Final Acceptance of the Foothill Boulevard at Alder Avenue Curb Ramp Project RECOMMENDATION:
Accept as complete the work performed by Gentry General for the construction of the Foothill Boulevard at Alder Avenue Curb Ramp Project (#36003370) and approve the final construction amount of $233,440.68 (Bid No. SB-01-DE-22).
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
On September 14, 2021, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (Gentry General Engineering) in the amount of $233,440.68 with a 10% contingency in the amount of $23,344.07 for the Foothill Boulevard at Alder Avenue Curb Ramp Project (#36003370). The proposed improvements for the Foothill Boulevard at Alder Avenue Curb Ramp Project consisted of upgrading the northwest and northeast curb ramps at the intersection of Foothill Boulevard and Alder Avenue.
Gentry General Engineering completed construction of the project on March 20,2023. The project was successfully completed for the final contract amount of $240,528.01, an increase of 3.04% from the original contract amount of $233,440.68 and $23,344.07 under the total authorized budget in Fund 246 - Measure I Local. All work has been completed to the satisfaction of the City.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff’s recommendation.
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PROJECT LOCATION
FOOTHILL BOULEVARD AND ALDER AVENUE
CURB RAMP PROJECT PN 3370
246
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2152 Agenda Date: 5/9/2023
Agenda #: I. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Amendment to David Evans and Associates, Inc. Task Order for Design Services for the South Highland Avenue at Mango Avenue Traffic Signal Project.
RECOMMENDATION:
1. Approve and authorize the City Manager to execute Task Order No. 1.3 to David Evans and Associates, Inc. in the amount of $5,600.00 for the Design Services of South Highland Avenue at Mango Avenue Traffic Signal Project for a total contract amount of $108,985.00.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
City of Fontana’s approved Capital Improvement Program Budget includes South Highland Avenue at Mango Avenue Traffic Signal Project (Project). The proposed improvements include construction of a new traffic signal at the S. Highland Avenue and Mango Avenue intersection.
In February 2020 Task Order No.1 was issued to Civil Works Engineers, Inc. in the amount of $93,025.00 to provide engineering design services for the project.
In October 2021 Civil Works Engineers, Inc. requested Task Order Amendment No. 1.1 to include additional scope to their contract. After fee negotiation, Civil Works Engineers, Inc. and City staff agreed with the amendment amount at $10,360.00
In January 2023 David Evans and Associates, Inc. (DEA) requested Task Order Amendment No. 1.2 to transfer the design services contract from Civil Works Engineers, Inc. to DEA as DEA had recently acquired Civil Works, Inc. DEA and City staff agreed with the contract transfer amendment with all services to remain the same.
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File #: 21-2152 Agenda Date: 5/9/2023
Agenda #: I. Category: Consent Calendar
In March 2023 DEA requested Task Order Amendment No. 1.3 to include additional scope to their contract to address the new land development on the southwest corner of the intersection within the project limits. After fee negotiation DEA and City staff agreed with the amendment amount at $5,600.00
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $5,600 and is included in the 2022-2023 budget in 36003382-246-A-8113.
MOTION:
Approve staff recommendation.
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March 24, 2023 FONT0000-0120
Estephany Monroy
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Re: S. Highland Avenue and Mango Avenue – Traffic Signal Project Fontana, California
Amendment Number 3
Dear Ms. Monroy:
Enclosed herewith is our updated Additional Services form for your review and approval. Upon your favorable consideration, please sign where indicated and email the authorization to David Evans and Associates, Inc. for final execution. We will return a copy of the fully executed authorization to you for your files.
Thank you for the opportunity to be of continued service on your project. Should you have any questions, please call me.
Sincerely,
David Evans and Associates, Inc.
Marie Marston, PE, QSD/QSP
Senior Project Manager
Enclosure
249
David Evans and Associates, Inc.
17542 17th Street, Suite 150
Tustin, CA 92780
(714) 665-4500
ADDITIONAL SERVICES AUTHORIZATION NO. 003
To: City of Fontana Project Code: FONT0000-0120
8353 Sierra Avenue
Fontana, CA 92335
Job Description: Traffic Engineering
Project: S. Highland Avenue and
Mango Avenue Project
Attn: Estephany Monroy Date: March 24, 2023
Upon your written authorization (below), David Evans and Associates, Inc. (DEA) will provide the following specified “Additional Services”:
1. Additional Project Management; DEA will provide additional hours for the project management and meetings as requested. The additional work fee is based on an additional twelve (12) work-hours. If the additional work-hours expended approaches said limit, Client shall be notified and mutual agreement shall reached for additional services.
2. Update Traffic Signal Plans; As requested, we will update the traffic signal plan at Highland Avenue and Mango Avenue as a plan change to the approved plan. The plan update is to address the City requested revisions.
Client agrees to compensate Consultant for those services specified in the below Scope of Services, according to the following:
1. Additional Project Management/Meetings $1,500.00
2. Update Traffic Signal Plans $4,100.00
Total $5,600.00
The original Agreement terms are made a part hereof.
CONSULTANT: David Evans and Associates
March 24, 2023
By:
Marie Marston, PE, QSD/QSP Date
Senior Project Manager
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0 1 inch = 600 feet
600 1200
PROJECT LOCATION
SOUTH HIGHLAND AVENUE AND MANGO AVENUE
TRAFFIC SIGNAL PROJECT
251
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2154 Agenda Date: 5/9/2023
Agenda #: J. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award Professional Services Agreement for the Comprehensive Development Impact Fee (DIF) Update and Nexus Study.
RECOMMENDATION:
1. Award and authorize the City Manager to execute a Professional Services Agreement with David Taussig & Associates in the amount of $67,800 for the Comprehensive Development Impact Fee Update and Nexus Study and authorize a 10% contingency in the amount of $6,780 (SP-114-DS-23)
2. Approve and authorize the City Manager to execute any future amendments to the contract.
COUNCIL GOALS:
· Practice sound fiscal management by developing long-term funding and debt management plans.
· Practice sound fiscal management by living within our means while investing in the future.
Practice sound fiscal management by emphasizing capital formation.
DISCUSSION:
The City of Fontana has a Development Impact Fee (DIF) Program in accordance with the State of California Government Code Section 66000 et. seq. These fees were developed in 2006 and updated in 2019 with the adoption of the 2018 General Plan.
As part of the fiscal management goals of the City, it is prudent to conduct a comprehensive update of City fees and prepare an Assembly Bill 1600 DIF Nexus Study. The study will recommend the appropriate fee justification methodology and fee levels to support specific types of City-selected capital facilities needed to serve the growth of the City.
Staff solicited a Request for Proposal (RFP) by notifying firms through the Purchasing Office. 182 vendors were notified, and 16 prospective bidders downloaded the RFP. On April 6, 2023, one (1) proposal was received from David Taussig & Associates (DTA). The submitted proposal was evaluated in accordance with City policies and procedures and staff recommends that City Council approve the agreement to DTA. The Purchasing Office has reviewed and concurs with the recommendation.
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File #: 21-2154 Agenda Date: 5/9/2023
Agenda #: J. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $67,800 plus a 10% contingency and is included in the 2022-23 budget in 10136004.
MOTION:
Approve staff recommendation.
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CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
SP-114-DS-23
This Agreement is made and entered into as of May 9, 2023 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 David Taussig & Associates dba DTA, a Corporation with its principal place of business at 100 Bayview Circle, Suite 100, Newport Beach, California 92660 (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:
Comprehensive Development Impact Fee Update and Nexus Study (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 $67,800.00. 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.
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 254
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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 expire November 30, 2023, 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 (“Notice to Proceed”).
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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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.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(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 provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
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At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 258
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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 policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 259
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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.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total 260
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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 Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 261
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Shane Morgan and Leni Zarate 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: Gia Kim
CONSULTANT:
DTA
100 Bayview, Suite 100
Newport Beach, California 92660
Attn: Kuda Wekwete
262
10 16498.00150\32126437.1
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 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.
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30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF FONTANA
SIGNATURE PAGE
SP-50-MS-23
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
DAVID TAUSSIG & ASSOCIATES dba DTA.
By:
Kuda Wekwete
Managing Director
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 L. Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer
Sid Lambert
Purchasing Manager
265
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EXHIBIT A
Scope of Services
266
267
268
269
270
271
272
273
274
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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.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2156 Agenda Date: 5/9/2023
Agenda #: K. Category: Consent Calendar
FROM:
Housing
SUBJECT:
Authorization to Apply for 2023 Lead Hazard Reduction Grant Program RECOMMENDATION:
1. Adopt Authorize the Fontana Housing Department to apply for the 2023 U.S. Department of Housing and Urban Development Lead Hazard Reduction Grant Program.
2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of the Lead Hazard Reduction Grant Program
COUNCIL GOALS:
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.
DISCUSSION:
The U.S. Department of Housing and Urban Development (HUD) released a Notice of Funding Opportunity (NOFO) Lead Hazard Reduction Grant Program on June 17, 2022, and subsequently updated on February 15, 2023, making over $400 million dollars available.
The purpose of the Lead-Based Paint Hazard Reduction (LHR) grant program is to maximize the number of children under the age of six protected from lead poisoning by assisting states, cities, and other units of local government in undertaking comprehensive programs to identify and control leadbased paint hazards in eligible privately-owned rental or owner-occupied housing populations.
Additionally, the Healthy Homes Supplemental funding available through this NOFO is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazards that affect resident health, including not limited to mold, asbestos, and carbon monoxide.
The City would utilize the four-year grant program funds as follows:
· Qualified housing units must be located within the City of Fontana · Targeted homes will be those units where children less than 6 years old are at greatest risk (pre-1960)
· Targeted outreach and Education about lead hazard control and lead poisoning prevention · Owner-Occupied units must have a combined household income of not more than 80% of median income (“lower” income), adjusted for family size.
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File #: 21-2156 Agenda Date: 5/9/2023
Agenda #: K. Category: Consent Calendar
· For Rental housing units, 50% of the units of the property must be occupied or made available to families with at or below 50% of median income (very low income), adjusted for family size.
Remaining units must be occupied by families at or below 80% of median income. · Lead-based Paint identification, remediation and reconstruction · Assistance will be provided in the form of a grant
· Program Administration
The City of Fontana will be requesting $4.4 million in program assistance from HUD.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is an increase in Lead Hazard Reduction Grant Program funds in the amount of $4.4 million. The required budget adjustments will be included in the first available quarterly budget report after grant award in Fund 301.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2163 Agenda Date: 5/9/2023
Agenda #: L. Category: Consent Calendar
FROM:
Innovation & Technology
SUBJECT:
Recreational Management System Replacement
RECOMMENDATION:
1. Award and authorize the City Manager to execute a contract with ACTIVENetwork for the Recreational Management System, implementation services, maintenance, 10% contingency and the purchase of tablets in the total amount of $189,664.75 (Bid. No. SP-72-IT-23)
2. Authorize City Manager to execute future maintenance renewals for the Recreation Management System.
COUNCIL GOALS:
· Improve public participation by increasing operational efficiency, visibility, and availability. · To operate in a businesslike manner by improving services for the citizens through the effective use of technology.
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Operate in a businesslike manner by improving services through the effective use of technology.
DISCUSSION:
Current System
The current recreational management solution, PerfectMind, was implemented in 2016. The system is used to register and manage program participation, events, rentals and data reporting.
PerfectMind, was an upgrade to the prior recreational management solution, however, it still has its limitations with permitting and rentals of facilities causing additional staffing time to revise permits.
The process to update and manipulate a permit in PerfectMind requires staff sometimes to delete and recreate a permit, costing the City numerous hours of staff time to correct a permit. PerfectMind has also had difficulties with interfacing with other programs the City uses and is considered not user friendly by staff and the public. Due to these reasons and several others, staff decided to go through a request for proposal process to see if there was a better solution for recreation management system to meet the needs for staff and residents.
Replacement System Requirements
The replacement system will need to be able to handle use from citizens, city employees, volunteers, and instructional staff. The system will need to be intuitive and simple for both citizens and staff to City of Fontana Page 1 of 2 Printed on 5/4/2023
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File #: 21-2163 Agenda Date: 5/9/2023
Agenda #: L. Category: Consent Calendar
use. The City of Fontana will be using this system to generate reports and make financial decisions based on the reports. The new system will need to handle the wide array of activities that the City of Fontana provides to its citizens. This includes, but is not limited to, field/shelter reservations, 25+ types of memberships, facility reservations, pool rentals, online and in-person activity registrations, online reservations, a robust POS system, scholarship awards, and a GIS integration for residency.
The need for 23 tablet computers has been identified to allow for mobile operation of the Activenet software and services across Community Service’s many facilities/locations.
Vendor/System Selection
An RFP was issued and of the four respondents, the ACTIVENet solution proposed by ACTIVENetwork was selected as the preferred solution. The solution offers all the required capabilities as well as additional functionality that will be useful in our environment. The vendor demonstrated working knowledge and experience within the recreational management system. They demonstrated registrations, account creation, and management with an intuitive design. The capability, locality, and reputation of the vendor are also factors that support this recommendation.
While ACTIVENetwork is providing the credit card readers and mounting hardware/signature pads in their quote, they will not be providing tablets. The City of Fontana will be purchasing tablets through its existing suppliers for this project.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $189,664.75 for fiscal year 2022-23 for the system implementation, hardware, and first year subscription/support. Funds for the current fiscal year are not included in the 2022-23 budget and will be requested in the third quarter budget report.
Funding will be provided through a combination of the defunding of a portion of the Council Chamber Modernization project # 26101024-102-A-8315 and the General Fund. Annual subscription/support fees in the amount of $59,000 and tablet hardware cellular data connectivity in the amount of $1,500 have been requested in the 2023-25 budget.
MOTION:
Approve staff recommendation
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5850 Granite Parkway – 12th Floor
Plano, TX 75024
P 469.294.7300
www.ACTIVEnetwork.com
April 11th, 2023
City of Fontana Parks & Recreation Department
8353 Sierra Avenue
Fontana, CA 92335
Attn: Katie Treadwell
Re: (RFP) Recreation Management Software, ACTIVENet Quotation for the City of Fontana.
ACTIVENet Flex Tier Annual
Subscription
Flex Tier includes the following
modules and functionalities:
- Program & Activity Registration
- Memberships
- POS (Point-of-sale)
- Marketing & Communications
- Standard Reports
- Flex Reg
- Facilities Management
- Instructor Management
- APIs
- Sandbox 1
Quantity 1 Annual Subscription Fee $54,500
ACTIVENet Captivate Tier 5 White Labeled Phone Application for iPhone and Android.
Quantity 1 Annual Subscription Fee $3,500
ACTIVENet Connect ACTIVENet at your fingertips from
any iOS or Android tablet device.
Quantity 1 Annual Subscription Fee $1,500
ACTIVENet Technical ServicesFinancial Export Financial Export consists of the following Services:
-remote configuration
-testing
-training.
Quantity 1 Onetime Fee $1,000
ACTIVENet Service Package
Advanced 6
ACTIVE Net Service Package
ADVANCED 6 consists of the
following Services:
• onsite business process review
• remote functionality review &
data collection preparation
• remote data collection review
• remote data entry (inventory and
policy controls)
• onsite & remote user testing
• LMS training
• onsite supplemental training
• remote Go Live preparation
• remote go live support
• remote hardware configuration
• remote system optimization
training
Quantity 1 Onetime Fee $38,765
Electronic Signature Pads. 5.7” with color and software. Dual Serial/HID USB Backlit with
software.
Quantity 35 ($597.50 each) $20,912.50
Credit Card Readers VeriFone T650C RM Payment Device Quantity 35 ($484.50 each) $16,957.50 285
Tilt Pads Signature Tilt Pads Quantity 35 ($157.50 each) $5,512.50 Bar Code Scanners Honeywell 7680G Scanner Quantity 15 ($485.00 each) $7,275 ACTIVENet - Payment Processing
Fees
Credit Card SaaS Rates for
organizations between $1,500,000
to $8,000,000 in annual revenue
through ACTIVE Net.
Secure PCI DSS Level 1 compliant
online payment processing system.
Credit Cards 2.91%
Electronic Checks .50 cents
plus .86%
Credit Card Refunds .10 cents
Cash .86%
*The .86% fee goes toward
Support.
Program & Total Price Please note some Fees are recurring annually but Services and Hardware
are onetime charges.
Services, SaaS and Hardware:
$149,922.50
286
Proposal Evaluation SP-72-IT-23
Rank Vendor Average Weighted Scores
1 Activenet 3.86
2 CivicPlus 2.87
3 Amilia Tech 0.73
4 Zeek Tech 0.688
287
Recreational Management System Replacement
Cost Worsheet
ITEM COST
ActiveNet Costs (Year 1 Subscription, Implementation Services, Point of Sale Hardware) $ 149,922.50 Tablets $ 22,500.00
Contingency (10%) $ 17,242.25
TOTAL $ 189,664.75
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2168 Agenda Date: 5/9/2023
Agenda #: M. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Skate Park Management (SP-71-CS-18)
RECOMMENDATION:
1. Approve a one-year extension amendment to the Skate Park Management agreement SP-71- CS-18 between Action Park Alliance, Inc., and the City of Fontana to operate the day-to-day management of the two (2) City of Fontana Skate Parks (South Skate Park at Jack Bulik Park and the North Skate Park at Fontana Park) in the amount of $421,380.
2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
COUNCIL GOALS:
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging healthy eating, regular physical activity, and responsible individual choices.
· Operate in a businesslike manner by creating a memorable customer experience with every interaction
DISCUSSION:
When the City opened the Jack Bulik Skate Park in 2007, the south skate park had over 250 police service calls in the first year. Action Park Alliance, Inc. (APA) supervision of the two (2) skate parks immediately impacted the parks and the surrounding communities. In one year, the police service calls decreased from 254 calls in 2007 to 79 calls in 2008, a 69% decrease in calls. Police service calls continued to decrease as time went on. Incredibly, since 2011 there have only been a total of 46 police service calls in total, which is directly attributed to the successful partnership between the City and APA.
APA has overseen the daily operations of the city’s Jack Bulik Skate Park since July 2008, and the Fontana Park Skate Park from the grand opening in October of 2008. For the duration of the contract, APA has provided residents with programs such as: skate classes, camps, competitions, and related City of Fontana Page 1 of 2 Printed on 5/4/2023
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File #: 21-2168 Agenda Date: 5/9/2023
Agenda #: M. Category: Consent Calendar
APA has provided residents with programs such as: skate classes, camps, competitions, and related special events. APA supervises use of the skate parks during operating hours to ensure patron’s safety by wearing proper safety gear and provide a safe yet fun atmosphere. APA’s membership and registration program creates a database to track usage and the participants that visit the parks.
Fontana currently pays APA an annual management fee of $ 421,380 (for both parks).
The most recent contract, SP-71-CS-18, was created with a five-year term which was set to expire on July 1, 2023. Per the contract, section 1.2, the city at its sole discretion may renew the agreement for up to five (5) additional one-year periods.
APA Executive Director, Mark Laue and City of Fontana Community Services Staff have developed and fostered an excellent working relationship over the past 15 years. APA consistently delivers programs, activities, and safe environments for the Fontana Community to utilized and enjoy. Regular communication occurs between CSD Coordinator, Stan Clark and APA Regional Manager, David Lee regarding facility issues, maintenance issues, and events and activities in real time. This open line of communication provides a positive and successful working relationship for both parties.
In 2018, the City notified one hundred sixty-one (161) vendors of the Request for Proposal (RFP) to manage the City of Fontana skate parks. Three (3) vendors downloaded the RFP of which one (1) vendor submitted a proposal. Based upon the evaluation process, need and current operations it was recommended that Action Park Alliance, Inc. be awarded the bid.
It is staff’s recommendation to renew the contract with APA. Renewing the contract will allow residents to continue to enjoy the quality services APA has provided over the past 15 years. At any time should the city become dissatisfied with APA’s services, section 13.3 of the contract, allows for either party to terminate the contract with 60-days written notice.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $421,380. Funding for this service is included in the proposed Fiscal Year 2023/24 Operating Budget, Org 10124300.
MOTION:
Accept Staff Recommendation
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AMENDMENT NO. 1
TO THE FONTANA SKATE PARKS RETAIL/PRO-SHOP AND CONCESSIONS
OPERATING AGREEMENT
BETWEEN
THE CITY OF FONTANA
AND
ACTION PARK ALLIANCE, INC.
1. Parties and Date.
This Amendment No. 1 to the Fontana Skate Parks Retail/Pro-Shop and Concessions Operating Agreement is made and entered into as of this 9th day of May, 2023, by and between the City of Fontana (“City”) and Action Park Alliance, Inc., a corporation with its principal place of business at 6824 S. Centinela Avenue, Los Angeles, California 90230 (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled “Fontana Skate Parks Retail/Pro-Shop and Concessions Operating Agreement dated July 1, 2018 (“Agreement”) for the purpose of retaining the services of Contractor to Operate and Manage Skate Parks.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Term of this Agreement.
3. Terms.
3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
1.1 Term. The term of this Agreement shall commerce on July 1, 2023 through June 30, 2024 unless terminated as provided herein (“Term”).
1.2 Option to Extend. The City may, in its sole discretion, renew the Term of the Agreement for up to four (4) additional one-year periods (not to extend beyond June 30, 2028) upon providing written notice to Action Park Alliance at least sixty (60) days prior to the expiration of the then Term.
3.2 Amendment. Section 4 of the Agreement is hereby amended to add the following:
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4.1 Management Fee Schedule. The City shall pay APA an annual management fee for YEAR 6 (FY 2023-2024) $421,380.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
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SIGNATURE PAGE FOR AMENDMENT NO. 1
BETWEEN THE CITY OF FONTANA
AND ACTION PARK ALLIANCE, INC.
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
ACTION PARK ALLIANCE, INC.
By:
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Ramon Ebert
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: __________________________
Daniel Schneider
Community Services Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES _______________________________
Jessica Brown
Chief Financial Officer
Purchasing Office
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2171 Agenda Date: 5/9/2023
Agenda #: N. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Kathy Binks Elementary Safe Routes to School Project RECOMMENDATION:
1. Award and authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. for the construction of the Kathy Binks Elementary Safe Routes to School Project in the amount of $322,795.00 and authorize a 10% contingency in the amount of $32,279.50 (Bid No. SB-108-DE-23).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Kathy Binks Safe Routes to School Project
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
In July of 2021, the City submitted a grant application for the TDA Article 3 for the Kathy Binks Safe Routes to School Project to SBCTA. The grant request for the Kathy Binks Safe Routes to School Project was in the amount of $160,000 with a City local fund match of 58.15%. The project will construct missing sidewalk, ramps, and curb and gutter along the west side of Cypress Avenue and the east side of Juniper Avenue north of Baseline Avenue. This project will close sidewalk gaps for residential communities in the vicinity linking them to Kathy Binks Elementary School.
In December of 2021, the City Council accepted the 2021 Transportation Development Ace (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Kathy Binks Safe Routes to School Project in the amount of $160,000.00 and approved a resolution authorizing the submittal of claim forms, submission of reimbursement request forms, and designate the City Engineer to certify project completion for the Kathy Binks Safe Routes to School Project related to TDA Article 3 Grant Awards.
On April 20, 2023 at 2:00 p.m. bids for this contract were opened. A total of six (6) bids were received ranging from $322,795.00 to $420,000.00. CT&T Concrete Paving, Inc. is the lowest bidder in the City of Fontana Page 1 of 2 Printed on 5/4/2023
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amount of $322,795.00. The Engineer's estimate was $321,405.00. After reviewing the proposed bid documents and performing reference
checks, Engineering staff has determined CT&T Concrete Paving, Inc. to be the lowest responsive and responsible bidder.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $355,074.50 for the full term of the contract. The fiscal impact for the 2022-2023 budget in 36000024-303-A-8329 is $130,890.93 and the remaining $224,183.57 is included in the 2022-2023 budget in 36000024-246-A-8330.
MOTION:
Approve staff recommendation
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N
0 1 inch = 600 feet
600 1200
PROJECT LOCATION
KATHY BINKS SAFE ROUTES TO SCHOOL PROJECT
296
Bid Results
Kathy Binks Safe Routes to School Project
SB-108-DE-23
1. CT&T Concrete Paving Inc. $322,795.00
Diamond Bar, CA
2. Rusty Bucket Construction, LLC $340,168.99
Los Angeles, CA
3. Voltaire Engineering $356,705.00
Los Alamitos, CA
4. Aneen Construction, Inc. $402,818.80
Riverside, CA
5. Jergensen Construction, Inc. $418,475.80
Oak Hills, CA
6. ONYX Paving Company, Inc. $420,000.00
Anaheim, CA
297
City of Fontana
Kathy Binks Elementary Safe Route to School Project (SB-108-DE-23), bidding on 04/20/2023 2:00 PM (PDT)
Printed 04/20/2023
PlanetBids, Inc.
298
City of Fontana
Kathy Binks Elementary Safe Route to School Project (SB-108-DE-23), bidding on 04/20/2023 2:00 PM (PDT)
Printed 04/20/2023
PlanetBids, Inc.
299
City of Fontana
Kathy Binks Elementary Safe Route to School Project (SB-108-DE-23), bidding on 04/20/2023 2:00 PM (PDT)
Printed 04/20/2023
PlanetBids, Inc.
300
City of Fontana
Kathy Binks Elementary Safe Route to School Project (SB-108-DE-23), bidding on 04/20/2023 2:00 PM (PDT)
Printed 04/20/2023
PlanetBids, Inc.
301
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2183 Agenda Date: 5/9/2023
Agenda #: O. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Approve amendment No. 1 to the Professional Services Agreement (SQ-47-DE-23) for Architecture and Interior Design Services (Stage Red)
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement (SQ-47-DE-23) with Ideation Design Group for architectural and Interior Design services for the renovation of stage RED in the amount of $115,600 for a total contract amount of $209,300.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will be creating an entertainment district as a draw for consumers to enjoy as they discover the new downtown area. Stage Red is the keystone to the creation of this new entertainment district for the city.
Ideation, working with city staff and Mr. Hagar, have designed a space that is not only unique to the region, but it will also be one its kind in the Western United States.
The City solicited proposals (SQ-47-DE-23) from qualified interior design and architectural firms to provide improvements for the renovation of Center Stage Theater (Stage Red). Ideation Design Group was originally awarded a contract in December 2022 for conceptual renderings, presentations, schematic design, and cost estimating of the project. This amendment will authorize the completion of construction drawings, including the structural and MEP engineering drawings and product specifications to facilitate the construction and procurement of the materials for the final phase of the project.
FISCAL IMPACT:
City of Fontana Page 1 of 2 Printed on 5/4/2023
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File #: 21-2183 Agenda Date: 5/9/2023
Agenda #: O. Category: Consent Calendar
The Fiscal Impact associated with the approval of this item is $115,600, which is included in the FY 2022/23 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 38300002 - Center Stage Theater Renovation.
MOTION:
Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 5/4/2023
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April 27, 2023
Phillip Burnum
Deputy City Manager
City of Fontana
8353 Sierra Ave
Fontana, CA 92335
RE: Stage Red – A Sammy Hagar Venue – Fontana, California Dear Phil,
Ideation Design Group is thrilled to submit this agreement to provide services for Stage Red – A Sammy Hagar Venue located in Downtown Fontana, California.
Once we get started, our team will analyze and review the existing conditions of the space and from that, create the design for a new customer experience. We will work with you and your team from design and concepting all the way through construction.
Ideation Design Group specializes in restaurant, hospitality, and retail design. Our projects include tenant improvements in locations throughout the country and in South America. Our in-house design and architectural team allow us to provide services virtually anywhere while still providing personal touch and local sensibility.
Once you have had a chance to review the enclosed agreement, please let us know if we can answer any questions you may have.
Thank you for the opportunity.
Sincerely,
Jennifer Reynolds, NCIDQ
Principal
304
FEE AGREEMENT
Stage Red
April 27, 2023
Per our RFP submittal and subsequent award, the following is our understanding of the project.
Phase I – Design Development:
Concept Development $12,000
Design Development Package $12,000
Statement of Probably Cost $2,500
Renderings $10,000
Phase II – Construction Documents:
Interior Design Drawings $24,800
Phase III:
Miscellaneous documents and confirmation of material orders $8,400 Phase IV:
Installation & Construction Observation $8,400
Construction Administration:
Construction Project Management $8,400
Site Visits (4) $7,200
RFP award fee approved $93,700
The above award was per the RFP issued where the scope of work was conceptual and some basic pricing in Phase I. Phase II was for Interior Design Documentation – Plans and elevations to convey the design intent. Phase III, Phase IV and Construction Administration were geared to when construction began.
After the initial design direction was award, the following changes were directed:
• Adding 3 full service bars (One in Venue, One in lobby and One in Green Room) • Expanding the Upper Level VIP area to accommodate seating on that level. • Adding Foodservice Design to scope of work
• Adding Architectural Construction Documents to scope of work • Adding Mechanical, Electrical and Plumbing Engineering Documents to scope of work • Adding Structural Engineering Documents to scope of work • Adding Additional site visits / verifications to scope of work • Adding Additional Construction administration to scope of work Our approach to this project is simple and true to our core beliefs. Any project large or small deserves the same kind of attention and detail. Therefore, we continue to work with what works. For this project, we recommend Programming/Pre-Design, Schematic Design, Construction Documents, Bid, and Construction Phases. Our team will work through these phases with you. All designs will be coordinated with The City of Fontana team as well as the Sammy Hagar team. 305
FEE AGREEMENT
Stage Red
April 27, 2023
PROGRAMMING/PRE-DESIGN
Architectural, plumbing, mechanical, structural and electrical site survey of observable areas of the location will be completed by the IDG team. The programming portion of this phase will include due diligence of jurisdictional requirements and an assessment of brand requirements. IDG Design team will also visit the site to review with the Sammy Hagar team and The City of Fontana team members for a kick off meeting.
CONSTRUCTION DOCUMENTS – FOODSERVICE
IDG’s Foodservice Construction Documents is limited to any additions of equipment or changes in equipment. Per our initial design calls, this work is minimal as the existing kitchen is functional.
Foodservice Construction Documents we would do shall consist of the following:
• Equipment Plan
• Equipment Schedule
• Electrical Rough In Plan
• Plumbing Rough In Plan
• Special Conditions Plan
• Equipment Elevations as required
• Performance Specifications in Book Form
• Equipment Cut Sheets in Book Form
CONSTRUCTION DOCUMENTS – INTERIOR DESIGN
• IDG’s Interior Design Construction Documents shall consist of the following:
• Design Presentation for Client and Landlord as needed • Floor Fixture Plan - Showing in detail all décor/theme elements • Floor Finish Plan and Specifications
• Reflected Ceiling and Lighting Plan and Specifications • Design, Theme and Millwork Details
• Material Finish Schedule and Specifications
• Furnishing Details and Specifications
• Graphic and Signage Drawings and Specifications
CONSTRUCTION DOCUMENTS - ARCHITECTURE and ENGINEERING
• IDG shall prepare a stamped set of Architecture and Engineering plans suitable for construction.
The following documents will be provided;
• Cover Sheet including Code Requirements, Key Plan and Vicinity Plan • Standard Performance Specifications and Finishes – In Drawing Sheets • Responsibility Schedule
• Dimensioned Floor Plan
• Floor Finish Plan
• Keyed Elevations and Sections Architectural Details
• Reflected Ceiling and Lighting Plan
306
FEE AGREEMENT
Stage Red
April 27, 2023
• Electrical Engineering – Drawings, Details and Calculations • Plumbing Engineering – Drawings, Details and Calculations • Structural Engineering – Drawings, Details and Calculations • Mechanical Engineering - Drawings, Details and Calculations • Prior to plan distribution and permit submittal, drawings will be forwarded to Client for review and all comments shall be incorporated into submittal set of construction documents. • Drawings will then be sealed by a registered architect in the State of California • IDG will assist in submitting sealed documents to local Authorities having Jurisdiction, utilizing a permit expeditor. Costs for permit expeditor will be assessed as a reimbursable expense. • IDG will revise the plans, as required, to comply with plan check comments from all Authorities having Jurisdiction, including landlord, building and health department reviews. • IDG will assist client in preparation of bid documents. Division one documents and any instruction to bidders to be provided by Client.
• Upon request, IDG will assist Client with review of and leveling bids from General Contractors.
CONSTRUCTION SUPPORT SERVICES - IDG will provide limited Construction Support Services which shall include:
• Answer GC’s RFIs
• Issue construction bulleting, sketches, and ASI’s
• Review shop drawings
• Review contractor as-builts
• Site visits upon request at $1500 per diem plus reimbursable expenses. We have assumed 6 total visits
PROCUREMENT SERVICES
Per our design brief, IDG can and will provide procurement for any FF&E under separate proposal.
EXCLUDED SERVICES
The following services are specifically excluded from this proposal:
• Audio Visual Design
• Stage / Theater Lighting Design
• Acoustical Engineering
• Stage Design
• Fire Sprinkler Design and Life Safety Engineering
• Municipality Fees for Plan Checks
• Non-standard reimbursables (see list below of standard reimbursables) • LEED Documentation, Submittal
• Commissioning
• Permit Expediting
• Any further design presentation materials beyond those in original RFP
STANDARD REIMBURSABLE EXPENSES
307
FEE AGREEMENT
Stage Red
April 27, 2023
In addition to the Fixed Fee above, certain out of pocket expenses shall be reimbursed to IDG at a rate of
1.1 times actual expenses and is due upon receipt of invoice by IDG. The following is a list of standard reimbursable expenses
• Plotting and Printing
• Airfare and Lodging
• Rental Car and Fuel
• Shipping and Delivery
• Permit expeditor
COMPENSATION
IDG proposes to provide all work as specified for a fixed fee of:
RFP AWARD SCOPE OF WORK FEE COMPLETE
CONCEPT DEVELOPMENT $12,000 100%
DESIGN DEVELOPMENT $12,000 100%
STATEMENT OF PROBABLY COST $2,500 100%
RENDERINGS $10,000 100%
INTERIOR DESIGN DRAWINGS $24,800 10%
MISCELLANEOUS DOCUMENTS/ORDERS $8,400 0%
INSTALLATION / OBSERVATION $8,400 0%
CONSTRUCTION OBSERVATION $8,400 0%
SITE VISITS (4) $7,200 100%
TOTAL FEE $93,700
ADDITIONAL SCOPE
CREATION OF CAD DRAWINGS FROM PDF $4,900
CITY COUNCIL PRESENTATION $3,000
ADDITIONAL RENDERINGS (2 @ $1250 EA) $2,500
CONSTRUCTION DOCUMENTS $100,600
INTERIOR DESIGN $13,800
FOODSERVICE $12,000
ARCHITECTURE $48,800
MEP ENGINEERING $35,500
STRUCTURAL ENGINEERING $22,400
CONSTRUCTION SUPPORT $13,800
ADDITIONAL SITE VISITS $10,200
CREDIT FOR LINE ITEMS 6,7,8 ABOVE -$25,200
TOTAL FEE $109,8000
308
FEE AGREEMENT
Stage Red
April 27, 2023
BUILDING EXTERIOR DESIGN STUDIES
SCHEMATIC DESIGN (COLORS & ELEVATIONS) $3,400.00
RENDERING $2,400.00
TOTAL FEE $5,800.00
TERMS
An monthly invoice will be submitted for work completed per agreement with City of Fontana.
CODE COMPLIANCE
IDG shall put forth reasonable professional efforts to comply with applicable laws, codes and regulations in effect as of October 1, 2021. Design changes made necessary by newly enacted laws, codes and regulations after this date may entitle IDG to reasonable adjustment in schedule and compensation In the event of a conflict between laws, codes and regulations of the various governmental entities having jurisdiction over this Project, IDG shall notify the Client of the nature of the impact of such conflict. Client agrees to cooperate and work with IDG in an effort to resolve this conflict.
ADA COMPLIANCE
The American with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility that does not meet the accessibility and usability requirements of the ADA unless it can be demonstrated that it is structurally impractical to meet such requirements. The Client understands that the requirements of the ADA will be subject to various and possibly contradictory interpretations. IDG therefore, will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and regulations as they apply to the Project. IDG however, cannot and does not warrant or guarantee that the Client’s Project will comply with all interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project.
PERMITS AND APPROVALS
If required, IDG shall assist the Client in applying for those permits and approvals normally required by law for projects similar to the one for which IDG’s services are being engaged. This assistance shall consist of completing and submitting forms to the appropriate regulatory agencies having jurisdiction over the construction documents, and other services normally provided by IDG and included in the scope of Basic Services of the Agreement.
PUBLIC RESPONSIBILITY
Both the Client and IDG owe a duty of care to the public that requires them to conform to applicable codes, standards, regulations and ordinances, principally to protect the public health and safety. The Client shall make no request of IDG that, in IDG’s reasonable opinion, would be contrary to IDG’s professional responsibilities to protect the public. The Client shall take all action and render all reports required of the Client in a timely manner. Should the Client fail to take any required actions or render any required notices to appropriate public authorities in a timely manner, the Client agrees IDG has the right to exercise its professional judgment in reporting to appropriate public officials or taking other necessary action. The 309
FEE AGREEMENT
Stage Red
April 27, 2023
Client agrees to take no action against or attempt to hold IDG liable in any way for carrying out what IDG reasonably believes to be its public responsibility.
CHANGED CONDITIONS
If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to IDG are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks or other material terms of this Agreement, IDG may call for renegotiation of appropriate portions of this Agreement.
IDG shall notify the Client of the changed conditions necessitating renegotiation, and IDG and the Client shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the Termination provision hereof.
EXECUTION OF DOCUMENTS
IDG shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of IDG, increase IDG’s risk or the availability or cost of its professional or general liability insurance.
DEFECTS IN SERVICE
The Client shall promptly report to IDG any defects or suspected defects in IDG’s services of which the Client becomes aware, so that IDG may take measures to minimize the consequences of such a defect.
The Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor contract and shall require all subcontracts at any level to contain a like requirement.
Failure by the Client and the Client’s contractors or subcontractors to notify IDG shall relieve IDG of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered.
DELAYS
The Client agrees that IDG is not responsible for damages arising directly or indirectly from any delays for causes beyond IDG’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in timely manner; failure of performance by the Client or the Client’s contractors or consultants; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by IDG to perform its services in an orderly and efficient manner, IDG shall be entitled to an equitable adjustment in schedule and/or compensation.
UNAUTHORIZED CHANGES
In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents prepared by IDG without obtaining IDG’s prior written consent, the client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to waive any claim against IDG and to release IDG from any liability arising directly or indirectly from such changes.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless IDG from any damages, liabilities or costs, including reasonable attorneys’ fees and cost of defense, arising from such changes.
310
FEE AGREEMENT
Stage Red
April 27, 2023
In addition, the Client agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any subcontractors of any tier from making any changes or modifications to IDG’s construction documents without the prior written approval of IDG and that further requires IDG to indemnify both IDG and the Client from any liability or cost arising from such changes made without such proper authorization.
TERMINATION
In the event of termination of this Agreement by either party, the Client shall within fifteen (15) calendar days of termination; pay IDG for all services rendered and all reimbursable costs incurred by IDG up to the date of termination, in accordance with the payment provisions of this Agreement.
The Client may terminate this Agreement for the Client’s convenience and without cause upon giving IDG not less than seven (7) calendar days’ written notice.
Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for any of the following reasons:
• Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party;
• Suspension of the Project or IDG’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate;
• Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and in the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
In the event of any termination that is not the fault of IDG, the Client shall pay IDG, in addition to payment for services rendered and reimbursable costs incurred for all expenses by IDG in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination.
LIMITATION OF LIABILITY
In recognition of the relative risks and benefits of the project to both the Client and IDG, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of IDG to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert – witness fees and costs, so that the total aggregate liability of IDG to the Client shall not exceed $50,000.00, or IDG’s total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
MEDIATION
To resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and IDG agree that all disputes between them arising out of or relating got this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise.
311
FEE AGREEMENT
Stage Red
April 27, 2023
The Client and IDG further agree to include a similar mediation provision in all agreements with independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, sub consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements.
ATTORNEY FEES
In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other related expenses in such litigation.
ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to sub consultants normally contemplated by IDG shall not be considered an assignment for the purposes of this Agreement.
312
FEE AGREEMENT
Stage Red
April 27, 2023
This Agreement for Architectural Services shall be bound by the Laws and Statutes of the State of Arizona.
By:
Jennifer Reynolds, NCIDQ
Principal
Agreed to By:
Date:
313
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2185 Agenda Date: 5/9/2023
Agenda #: P. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Approve temporary lease agreement with National Community Renaissance for use of a portion of the former Bank of America property.
RECOMMENDATION:
1. Approve and authorize the City Manager to execute the short-term lease agreement with National Community Renaissance Corporation for use of approximately 8,000 square feet within the property located at 16860 Arrow Blvd.
2. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to the agreement and execute any future amendments to the lease agreement.
COUNCIL GOALS:
· Promote Economic Development by being business friendly at all levels and striving to constantly improve the city’s competitiveness.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
The city recently acquired the property located at 16860 Arrow Avenue in support of the downtown revitalization goals. Although there are conceptual uses for this property, final disposition planning is not likely to occur for at least the next 15 months.
The building was vacated by Bank of America in July of 2020 and has been a public nuisance since that date, attracting graffiti, homeless encampments, and general vandalism. Because plans for use of the property have not yet been finalized, staff is reluctant to proceed with a long-term commitment for use of the building and equally hesitant to proceed towards demolition, either of which would significantly reduce the nefarious activity occurring today at the property.
Staff received an unsolicited request from National Community Renaissance (CORE) to locate a clothing manufacturing social enterprise in Fontana. The program will benefit older adults, providing them with opportunities to socialize, learn new skills, and contribute to their community. The enterprise will provide vocational training and connect older adults with others who share their City of Fontana Page 1 of 2 Printed on 5/4/2023
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File #: 21-2185 Agenda Date: 5/9/2023
Agenda #: P. Category: Consent Calendar
interests, form friendships, and build a sense of purpose and belonging.
The enterprise will host workshop hours for older adults who have completed their training, where they can come together to experiment with the latest clothing fashion trends. The workshops will provide older adults with access to sewing machines, fabric cutting tools, and other necessary equipment for garment production. Seniors will be able to work together to create unique designs, share their knowledge and experience, and build a community around clothing manufacturing. The vocational training provided by the enterprise supports cognitive function and mental agility in older adults. Learning new skills, such as clothing design and production, helps stimulate the brain and improves memory and problem-solving abilities.
Fontana is a community that values economic development and job creation. A clothing manufacturing social enterprise that provides vocational training and potential employment opportunities for seniors aligns with the city’s goal of promoting economic growth and supporting local businesses. By providing a space for seniors to come together and engage in social activities, the enterprise can help to build a sense of community and connectedness, reducing the negative impact of social isolation on seniors’ mental and physical health.
National CORE currently manages four affordable housing communities in Fontana, serving more than 500 older adults.
The major terms of the lease agreement are:
· Expiration date June 30, 2024
· No rental fee
· CORE to make any modifications need to the interior at their sole cost and expense · CORE to pay for all utilities and building upkeep during their occupancy · CORE to maintain the property in a clean and orderly manner.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 5/4/2023
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16498.00100\41241351.1 1
SHORT-TERM LEASE AGREEMENT
THIS SHORT-TERM LEASE AGREEMENT (the "Lease") is made and entered into by and between THE CITY OF FONTANA, a municipal corporation organized and existing under the Constitution and the laws of the State of California ("Landlord") and NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, a California nonprofit public benefit corporation ("Tenant"), under the following terms and conditions:
Introduction. Landlord owns the two-story commercial building (the “Building”) on the property located at 16860 Arrow Boulevard, Fontana, California 92335 (the “Property”).
Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the ground floor containing approximately 8,000 square feet and the entire mezzanine/second floor containing approximately 2,500 square feet of the Building, referred to herein as the "Premises" and shown on Exhibit A. The Property also contains common areas in the Building which Tenant may use on a non-exclusive basis in common with other tenants of the Property, consisting of the ground floor restroom, and common areas of the Property consisting of surrounding parking area, sidewalks, driveways, entrances and public walkways necessary for access of the Property and the Building (collectively, the “Common Areas”).
Tenant’s non-exclusive right to use the Common Areas shall be considered part of the Premises.
Term, Occupancy.
a. Term. The term of this Lease shall commence on the date this Lease is executed by both parties (“Commencement Date”) and shall continue until June 30, 2024. b. Occupancy. Tenant may, upon execution of this Lease by Landlord and Tenant, occupy the Premises on the Commencement Date subject to all terms and conditions of this Lease, provided Tenant complies with Section 16 (Insurance) and delivers an insurance certificate to Landlord prior to entry. Upon delivery of the insurance certificate, Landlord shall deliver the keys and possession to Tenant.
Rent. Subject to Tenant’s performance of the maintenance and other obligations set forth in this Lease, Tenant shall pay $0.00 in monthly rent.
a. Holdover. Tenant shall not hold over after the expiration or earlier termination of the term hereof without the express prior written consent of Landlord. The foregoing provisions of this Section 4 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease, Tenant shall indemnify, protect, defend and hold Landlord harmless from all loss or liability, including without limitation, any Surplus Land Act claim made by any entity founded on or resulting from such failure to surrender. Such indemnity shall survive the expiration of this Lease.
Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. 316
16498.00100\41241351.1 2
b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed). Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.
The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Building’s property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; and (v) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:
Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ____________ Use. In furtherance of Tenant’s tax-exempt mission to improve the quality of life for lowincome families, the Premises shall be used only for the operation of the clothing manufacturing and sewing business for the benefit of the residents of one or more of Tenant’s multi-family affordable housing developments in the general vicinity of the Property, and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord. Tenant shall maintain and conduct its said business insofar as the same relates to Tenant's use and occupancy of the Premises, in a lawful manner and in strict compliance with all governmental laws, rules, regulations and orders. Tenant shall obtain all business licenses, clearances, and permits required to operate its business prior to opening, maintain such necessary licenses and permits in force during the Term, 317
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and shall provide copies of each permit or license within 30 days after the Commencement Date and at any time during the Lease Term upon Landlord’s request. Tenant shall post all notices to the public in an accessible and visible place to the public. Such notices may include, but are not limited to, Health Department clearances, business licenses, or other licensure. Tenant shall promptly notify Landlord of any notice of violation, suspension or revocation of any such license or clearance. Without limiting in any way the restriction in this Lease that the Premises be used only for the Permitted Use specified in this paragraph, in no event shall the Premises be used for any exclusive use granted by Landlord to other tenants of the Property prior to or subsequent to the date of this Lease. Nothing in this Lease shall be construed to grant Tenant an exclusive right to such Permitted Use.
Uses Prohibited. In addition to uses prohibited pursuant to Paragraph 6, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not use the Premises for any cannabis related uses, dispensary, manufacture, assembly, the sale of cannabis or accessories related to cannabis products. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to sell or solicit in any manner or store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to any other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable as additional rent immediately upon demand by Landlord.
Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used by typical fitness tenants and are kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs 318
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for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.
Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Premises, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant or occupant of the building or injure or annoy them. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined Landlord's sole and absolute judgment.
Repair and Maintenance.
a. Landlord shall not be responsible for any maintenance or repairs of the Property during the term of this Lease, and all necessary repairs to the interior, non-structural portions of the Building necessary for Tenant’s use and occupancy of the Premises shall be performed by Tenant at Tenant's sole expense. Within ten (10) days after receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance.
b. Tenant shall, at Tenant's sole cost and expense, maintain the interior, non-structural portions of the Premises, in good condition and repair. Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense.
Equipment; Utilities; Possessory Interest Tax.
a. Tenant’s Equipment. Tenant at its own expense shall provide and maintain all equipment reasonably required to enable it to conduct its business in the Premises in a businesslike manner. For avoidance of doubt, none of Tenant’s equipment may be bolted down, or otherwise affixed to the Premises. Such equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said equipment. All equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's equipment insured for full replacement value. b. To the extent separately assessed, billed or charged, Tenant shall pay, during the term hereof, all electric, water, gas, telephone (other than the telephone charges attributable to any co-tenant of the Building) for the Property, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant. 319
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To the extent not separately assessed, billed or charged, such charges shall be charged to Tenant and paid within fifteen (15) days of invoice therefor. Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of any of Tenant’s obligations under this Lease resulting from any cessation or interruption of utility service or other service contemplated by this section. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption of failure of any services to be provided under this Lease. c. Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section 12(e) hereof, be responsible for payment of property taxes levied against such possessory interest.
Alterations and Liens.
a. Landlord and Tenant acknowledge the Property was formerly used as a bank branch facility and Tenant, at its sole risk, cost and expense, agrees to demolish and/or remove a portion of the existing interior improvements and trade fixtures in the Building as reasonably necessary for Tenant’s permitted use and occupancy of the Premises. To the extent Tenant removes the existing improvements and trade fixtures from the Building, Landlord hereby disclaims and releases its ownership interest in and to such improvements and trade fixtures and hereby grants and transfers to Tenant ownership of such improvements and trade fixtures to retain or dispose of for its own account.
b. Tenant, at its sole risk, cost and expenses, shall make reasonable alteration, or improvement to the interior, non-structural portions of the Building by, among other things, constructing an interior demising wall to separate the ground floor of the Building into two tenant spaces, including the Premises as shown in Exhibit A, and access from the Premises to the restroom on the ground floor of the Building. If any alterations require additional changes to the Premises to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. c. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof. Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.
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Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Landlord. If an assignment or subletting involves a use other than that permitted in Paragraph 6 above, Tenant must comply with said Paragraph 6. Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. No sublease or assignment shall release Tenant from continuing liability hereunder. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable attorney fees and costs incurred in connection with the processing of documents necessary to giving of such consent. Any excess consideration above the rental rate provided in this Lease Tenant is entitled to as a result of any assignment or sublease shall be divided and paid 50% to Tenant and 50% to Landlord; provided, however, that if Tenant is in default under this Lease, Landlord shall be entitled to all such excess consideration Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.
Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Building, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The 321
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obligations of Tenant under this Section 15(b) shall survive the termination or earlier expiration of this Lease.
c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.
Insurance. Tenant shall obtain and maintain at all times during the Term of this Lease insurance against claims for injuries to personal or damages to property which may arise from or in connection with the Lease by the Tenant, its agents, representatives, employees, invitees, or subcontractors. Tenant shall obtain and furnish proof of coverage as to each type of insurance required.
a. Property Insurance. During the Lease Term, Tenant shall, at Tenant's expense, maintain, or cause to be maintained, "All risk" property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, "Tenant's Property") (and coverage for the full replacement cost thereof including business interruption of Tenant);
b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).
A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and 322
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insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 16(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the Building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.
Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. With respect to CGL Insurance, Tenant shall name Landlord, its employees, elected officials, board members, officers, agents and volunteers as additional insureds with respect to Tenant's negligence for any claims arising out of Tenant's operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured 323
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status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.
All insurance policies required by this Section 16 (i) must be issued by insurance companies having an "A" rating or better by Standard and Poor's, and if not rated by Standard & Poor's, then a rating of "A" by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary and umbrella policies. The insurance provisions set forth in this Section 16 set forth the minimum amounts and scopes of coverage to be maintained by Landlord and Tenant and are not to be construed in any way as a limitation on each party's liability under this Lease. Landlord, as a public entity, may satisfy any of its insurance requirements by use of self-insurance, deductible, captive insurance company or risk pool. The responsibility to fund any financial obligation for self-insurance, the election not to insure, and/or deductibles shall be assumed by, for the account of, and at the sole risk of each party. The application of coverage within this self-insurance, election not to insure, and/or deductible shall be deemed covered in accordance with the policy forms set forth in this Section 16.
Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease, the Premises, the Building or the Property and other improvements in which the Premises are located are totally or partially destroyed, this Lease shall automatically terminate. b. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.
Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall fail to observe, keep or perform any of the terms, covenants, agreements or conditions contained in this Lease if such default continues for a period of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) -day period and thereafter diligently pursues it to completion.
(2) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (3) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. 324
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(4) The abandonment of the Premises by Tenant, or the vacation (hereby defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(5) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days.
Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant any amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. In addition or in lieu of the foregoing, Landlord may elect to recover such other amounts as may be permitted from time to time by applicable law. (2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect so to relet, then rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness, other than rent due hereunder, owed by Tenant to Landlord; second, to the payment of any cost (including commissions) of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord upon demand.
Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.
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Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances and Historic Preservation laws.
Parking. This Lease does not include any exclusive rights to use the parking areas within the Premises. Tenant shall have the non-exclusive use, in common with Landlord and Landlord's other tenants, of the parking area owned by Landlord at and around the Premises; provided, however, that no tenant may park in an area designated, identified, and/or reserved for parking by any other tenant or tenants, if any. Should any damages to the Premises, the parking area, and/or the vehicles of Tenant or their invitees/licensees/employees be occasioned by the invitees, licensees, tradesmen, or customers of Tenant, such damage shall be repaired at Tenant's sole cost and expense.
Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the building or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.
Eminent Domain. In case the whole of the Premises, or such part thereof that substantially interferes with the reasonable use of the Premises for outdoor fitness classes, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant.
Brokers. The parties represent that there are no brokers involved in the negotiation of this Lease or otherwise entitled to a commission or fee in connection with the transactions contemplated in this Lease. Each party hereby indemnifies, defends and holds the other party harmless from all loss, cost and expense (including reasonable attorneys' fees) arising out of a breach of its representation set forth in this Section 24. The provisions of this Section 24 shall survive the termination of the Lease. This Section 24 is for the benefit of Landlord and Tenant only and is not intended to give any third person, including Broker, any right of subrogation or action over or against any party to this Lease.
Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.
Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at National Community Renaissance of California, Attn: Leo Vazquez, Chief of Staff, 9692 Haven Avenue, Suite 100, Rancho Cucamonga, California 91730 and to Landlord at City of Fontana, Attn:
__________, 8353 Sierra Ave., Fontana, CA 92335, or at such other address as the Landlord or Tenant shall designate in writing.
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Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.
The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No payment by Tenant or receipt by Landlord of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease.
Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.
Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenant, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.
Titles and Definitions. The titles of paragraphs herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words "Landlord" and "Tenant" as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.
Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.
Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.
Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council or City Manager, as applicable.
No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. 327
16498.00100\41241351.1 13
Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.
No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.
Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.
LANDLORD
CITY OF FONTANA,
a municipal corporation
By: ___________________
Name: ___________________
Its: ___________________
Dated: ____________________
TENANT
NATIONAL COMMUNITY RENAISSANCE
OF CALIFORNIA, a California nonprofit
public benefit corporation
By: ______________________________
Name: ______________________________
Its: ______________________________
Dated: _______________________________
Approved as to Form:
By: ______________________
City Attorney
328
16498.00100\41241351.1
1 AS14248.0862694 4882-9407-9072v2
EXHIBIT A
MAP OF PREMISES
329
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2186 Agenda Date: 5/9/2023
Agenda #: Q. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Co-Sponsorship Application Cycle (1) FY 2023/2024
RECOMMENDATION:
Review and approve (12) Co-Sponsorships recommended for the first half of 2023/2024 fiscal year (July 2023 through June 2024) totaling an amount of $24,572.00 as recommended by Parks, Community, and Human Services Commission.
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
DISCUSSION:
Current Co-Sponsorship procedure, as approved by the Parks, Community and Human Services Commission and City Council, requires organizations to submit all Co-Sponsorship requests for activities taking place during the next fiscal year be submitted between February 1-February 28 (cycle one) or between September 1-September 30 (cycle two).
All organizations in consideration for Co-Sponsorship must meet all Co-Sponsorship criteria (Attachment A - Co-Sponsorship Policy) which includes proof of non-profit status (501 c3) or proof that the event is not for profit. Organization must be based in the incorporated boundaries of the City of Fontana. Event must benefit and be open to Fontana residents and organization must adhere to Co-Sponsorship tier rating. A brief description of individual applications is provided (Attachment B - Co-Sponsorship Application Descriptions).
Twelve (12) eligible applications were received during the February 2023 requested period, (9) requesting assistance with community events and (3) facility use requests. (Attachment C - organizations applying for Co-Sponsorship and Attachment D - Co-Sponsorship in-kind cost breakdown).
Tier Levels:
Tier One:
Organization provides minimum of eight percent (80%) of program resources and funding.
Tier Two:
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Agenda #: Q. Category: Consent Calendar
Organization provides minimum of seventy percent (70%) of program resources and funding.
Tier Three:
Organization provides minimum of fifty percent (50%) of program resources and funding.
Although all organization requesting funding must provide a minimum of fifty percent (50%) of program funding, tier funding levels are not applicable to organization requesting the use of facilities during regular center hours.
Funding for Co-Sponsorships in the amount of $37,500 is approved by the City Council in the 2023/2024 fiscal year budget. Requested funding during the February application period totaled $24,572.00, which provides a balance of funding allocation of $12,928.00 for the remainder of FY 2023/2024 operating budget.
All applications were discussed and reviewed at the regular Parks, Community, and Human Services Commission meeting on April 27, 2023. The Commission individually reviewed the twelve (12) applications and approved the recommendation for Co-Sponsorship requests be forwarded for City Council to review and consider.
After review of the applications, the Commission had consensus to recommend twelve (12) events for full funding of in-kind services.
Approved Applications
Below are the recommended applications that were approved:
Group Event In-Kind Request Commission
Recommended
Funding
CityLink & Water of
Life
Back to School Bash $1,588.00 $1,588.00
Working Dogs for
Warriors
A Sound Mind:
Health & Wellness
Resource Fair
$5,010.00 $5,010.00
Concerned Citizens
for the Development
of North Fontana
Chill n Grill BBQ
Cook-off
$2,456.00 $2,456.00
Water of Life
Community Church
Trunk or Treat $6,960.00 $6,960.00
Hayes Events Taste of the Holidays $320.00 $320.00
Fontana Aquatics
Club
Veterans Day
Classic
$4,000.00 $4,000.00
Project Boon Eat & Be Well $2,160.00 $2,160.00
Miss Fontana
Organization
Miss Fontana
Pageant
$1,220.00 $1,220.00
Fontana Aquatics
Club
USA Swim Meet $4,000.00 $4,000.00
AARP AARP Meeting Facility use only Facility use only
Department ofCounseling CombatFacility use only Facility use only City of Fontana Page 2 of 3 Printed on 5/4/2023
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File #: 21-2186 Agenda Date: 5/9/2023
Agenda #: Q. Category: Consent Calendar
Fontana Aquatics
Club
Veterans Day
Classic
$4,000.00 $4,000.00
Project Boon Eat & Be Well $2,160.00 $2,160.00
Miss Fontana
Organization
Miss Fontana
Pageant
$1,220.00 $1,220.00
Fontana Aquatics
Club
USA Swim Meet $4,000.00 $4,000.00
AARP AARP Meeting Facility use only Facility use only
Department of
Veterans Affairs
Counseling Combat
Veterans Affairs
Facility use only Facility use only
Fontana Veterans
Group
Fontana Military
Veterans Group
Facility use only Facility use only
FISCAL IMPACT:
Funding for Co-Sponsorships in the amount of $37,500 is included in the Proposed FY 2023/2024 operating budget, Org 10124301. Approval of the applications above in the amount of 24,572.00 for application cycle 1 will leave an available balance of $12,928.00 for application cycle 2.
MOTION:
Approve Parks, Community, and Human Services Commission recommendations.
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Attachment A
New Section Distribution: All Employees
File in City Administrative Manual
City of Fontana
POLICY AND PROCEDURES
Subject: POLICY TITLE
Co-Sponsorship of Events
Page
1 of 5
Section
20-58
Effective Date
7-1-06
Issued Date
6-13-06
Resolution Number: Approval Date:
I. PURPOSE
To establish guidelines for the City co-sponsorship of Fontana based events and/or programs.
II. GENERAL POLICY
The City of Fontana allocates certain funds annually for the purposes of assisting non-profit Fontana-based organizations hosting community events. The City does not provide funds for these co-sponsored events, but in kind services. The City shall develop co-sponsorship criteria to prioritize and select co-sponsorship applicants on a biannual basis and to effectively distribute finite budgetary allocations based on classifications and ratings of applicants.
III. DEFINITION
City Co-sponsored Event means an event that is planned and conducted by a Fontana-based non-profit organization that meets the criteria for co-sponsorship and the City participates by contributing staff time, public safety services, equipment use, and/or the use of facilities.
IV. PROVISIONS
1. An organization may fall into the following categories within the co-sponsorship criteria:
A. Classification 1:
A group demonstrating a clear, broad based community benefit demonstrated through the application process.
B. Classification 2:
A group demonstrating a clear community benefit targeted toward a specific segment of the community demonstrating an identified need.
2. An organization may apply for co-sponsorship in one of the following three co-sponsorship tier ratings.
A. Tier #1
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Organization provides a minimum of eighty percent of program resources and funding.
B. Tier #2
Organization provides a minimum of seventy percent of program resources and funding.
C. Tier #3
Organization provides minimum of fifty percent of program resources and funding.
NOTE: An organization must provide a minimum of fifty percent of the program’s resources (i.e. funding, equipment, advertisement) to be eligible to apply for co-sponsorship with the City.
3. The tier rating is based on the total amount of resources the organization allocates to the event.
4. Co-sponsorship applications will be accepted February 1 through February 28 for cosponsorship of events taking place during the following July 1 through June 30 period. A second application review process will be offered for events that are identified after the February application deadline. The second round of applications will be accepted September 1 through September 30 for events taking place January 1 through June 30 of the same fiscal planning year.
5. The City will rate each application according to the established criteria and will provide cosponsorship support based upon the available funding resources.
6. Community Services Department staff will review all requests for co-sponsorship to ensure the organization meets the above criteria.
7. Requests for co-sponsorship will be classified by their overall benefit to the community and will be ranked by tier rating prior to being sent to the Parks and Recreation Commission and City Council for consideration.
8. Organizations will be funded based upon classification and priority of ranking until budgeted co-sponsorship funds have been fully allocated.
V. CO-SPONSORSHIP RATING CRITERIA
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1. The applicant’s event must be a benefit to the Fontana community. One or several of the following would qualify a proposed event for consideration by the Parks and Recreation Commission and staff for City co-sponsorship:
A. The event responds to an identified community need. (These are needs that have been either ratified or initiated by the City Council.)
B. The event enhances current department programming efforts. (A local organization is willing to fund and operate a current Special Event or organize an Adult Sports program that provides recreation opportunities to local residents.) C. The event provides a unique leisure or community service opportunity for either the community at large or for a targeted group. (A local group that wants to organize an event that the staff, Parks and Recreation Commission and/or City Council believes benefits the community.)
D. The event raises funding for either Community Services Department programs or for services that benefit either the community at large or for a targeted group.
2. Application must show proof of 501 (c) 3 non-profit status or group must demonstrate the event is not for profit.
3. Applicant must be based in the incorporated boundaries of the City of Fontana.
4. When applicable, the applicant must have a valid charitable solicitation permit on file with the Management Services Department.
5. Applicant’s event must be open to all Fontana residents.
6. The applicant must qualify within Tier #1, Tier #2, or Tier #3 based on overall resources allocated.
7. The applicant must complete and submit the Co-Sponsorship Application and budget form along with a Special Event Application to the Community Services Department during one of the two identified application filing periods.
VI. ASSESSMENT CRITERA
Assessment(s) will be conducted at the conclusion of the event/activity to determine how well the objectives of the event/activity were met. Total attendance, activities offered, and overall benefit to the community will be reported on. Assessments will be conducted by:
1. Self Assessment
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A self assessment form will be provided to the applicant for the purpose of reporting on the outcome of the event.
2. Parks and Recreation Commission Assessment
When possible, one or more Parks and Recreation Commissioners will attend events to observe and provide feedback to the entire Parks and Recreation Commission.
3. Community Services Department Assessment
When applicable, a Community Services Department employee will be assigned to attend the event and provide feedback to both the applicant and the Parks and Recreation Commission.
VII. PROCEDURES
1. Complete the Co-sponsorship of Event Application and budget form in addition to a Special Event Application.
2. Submit application in February or September of each year to:
Co-Sponsorship Events
Community Services Department
16860 Valencia Avenue
Fontana, CA 92335
3. Upon receipt of applications, Community Services Department staff will verify eligibility, determine classification and assign tier rating.
4. Staff liaison shall place the request for co-sponsorship on the Parks and Recreation Commission agenda for review and consideration.
5. Staff liaison shall notify the applicant request co-sponsorship of the date, time, and location of the Parks and Recreation Commission meeting at which the request will be considered.
6. The request for co-sponsorship will be reviewed and either approved or denied by the Parks and Recreation Commission and then by the City Council.
A. If the request is approved by the Parks and Recreation Commission, staff will forward the request to City Council for consideration as part of the annual Budget Adoption Process or Mid-year Review of Budget Allocations.
i. Organizations that receive approval must recognize support of the City of Fontana as a co-sponsorship of the event or activity. All publicity and marketing for the event or activity must include the approved City of Fontana logo. 336
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ii. If the request is approved by the City Council, the staff liaison will notify the applicant and appropriate departments in writing within seven days of the City Council’s action.
B. If the request is denied staff will notify the applicant in writing. i. Appeal process: In the event the request is denied, the applicant may appeal the Park and Recreation Commission’s decision in writing, care of the Community Services Director at 16860 Valencia Avenue, Fontana, CA 92335 within seven business days of decision.
7. If applying for use of a facility, a Request for Use of Facility must be completed in addition to the Co-sponsorship of Events Application and Special Event Application.
8. The Community Services Director, or designee, can approve a co-sponsorship request for use of a City facility if the requested date and time does not impact facility rentals and/or programs AND which do not exceed $5,000 cumulatively, annually.
9. An applicant approved for co-sponsorship of facility use from the City that does not provide (30) days notice of cancellation of said event to the City will be charged a Class 3 facility rental fee according to the Facility Rental Policy.
10. After the conclusion of the co-sponsored event or activity, the approved Post Event/Activity Assessment will be conducted to determine the benefit to the community.
Note: Parks & Community Services Commission meetings are held on the fourth Thursday of the month. The City Council meetings are held on the second and fourth Tuesday of the month. 337
*Events in RED are new events
2023/2024 Co-Sponsorship Descriptions Attachment B
Event Information Description 2022/2023 Evaluation
CityLink & Water of Life 2022: attendance 500
Back 2 School Bash
July 29, 2023 | 10am-2pm
Jack Bulik Pavilion
Estimated Attendance: 500
2 Working Dogs for Warriors 2022: attendance 150
A Sound Mind Well organized event with plenty of resources August 19, 2023 | 9am-1pm
Veterans Park
Estimated Attendance: 600
Concerned Citizens for N. Fontana 2022: attendance 300
Chill-n-Grill BBQ Cook-Off
September 16 , 2023 | 10am-3pm
Fontana Park Pavilion
Estimated Attendance: 500
Water of Life Community Church 2022: attendance 10,000
Trunk or Treat
October 31, 2023 | 5pm-9pm
Water of Life Community Church
Estimated Attendance: 15,000+
Hayes Events 2022: attendance 65
Taste of the Holidays-Sunday Brunch
November 5, 2023 | 4pm-9pm
Fontana Community Senior Center
Estimated Attendance: 200
6 Fontana Aquatics Club 2022: attendance 1,500
Veterans Day Classic Swim Meet
November 10-12, 2023
Fontana Park Aquatic Center
Estimated Attendance: 2,000
Well organized grilling event bringing PD and Fire
together with the community.
Event takes place on private property. City
provided (12) light towers. City provided PD traffic
control.
Event host had challenges with cleanliness,
time/space allotted.
Well organized event that ran on schedule.
Combined event with CAP Resource Fair. Well
attended and organized event.
5 Mental health awareness resource fair.
Three day swim meet hosting teams from all over
San Bernardino County.
Food tasting from local caterers and restaurants to
showcase their best holiday foods.
1 Community outreach to provide backpacks and
school supplies to students grades K-8 as well as a
resource fair with information for community
members of all ages. Snacks and family friendly
activities and performances will also be included.
Community grilling competition among first
responders.
Annual trunk or treat every Fall to provide a safe
and fun place for families of the surrounding
Fontana community to attend on Halloween.
3 4
338
*Events in RED are new events
2023/2024 Co-Sponsorship Descriptions Attachment B
Project Boon 2022: attendance 3,000
Eat & Be Well
November 22, 2023 | 11am-3pm
Cypress Center/Central City Parking Lot
Estimated Attendance: 1,500
Miss Fontana Organization 2022: attendance N/A
Miss Fontana Pageant
March - June 2024
Center Stage, Steelworkers' Auditorium, FCSC & JT
Estimated Attendance: 200
Fontana Aquatics Club 2022: attendance 1,500
USA Swim Meet
April 19-21, 2024
Fontana Park Aquatic Center
Estimated Attendance: 2,000
AARP 2022: attendance 35
Monthly Meetings
2nd & 4th Monday of the month
Cypress Center
Estimated Attendance: 30-40
Fontana Veterans Group 2022: attendance 20
Meeting/Support Group
Monday meetings 9am-11am
Senior Center
Estimated attendance: 15-20
Department of Veterans Affairs 2022: attendance 6
Counseling of Combat Veterans Meeting
(2) Thursday's monthly
Fontana Community Senior Center
Estimated Attendance: 6-8
Well organized event that ran on schedule.
Reoccurring meetings. Never posed any issues.
Reoccurring meetings. Never posed any issues.
Grea turnout and very well organized
Reoccurring meetings. Never posed any issues.
12 Counseling meeting for combat veterans within
Fontana.
8 10
11 9 Three day swim meet hosting teams from all over
San Bernardino County.
Rehearsals and photoshoot for Miss Fontana
Scholarship Pageant
Bi-monthly chapter meetings
A support group that meets weekly to support and
provide community to local veterans
7 Pre Thanksgiving celebration and resource fair
providing food and services for those in need.
339
*Events in RED are new events
2023/2024 Co-Sponsorships
Organizations Applying for Event Co-Sponsorship
Attachment C
Item
#
Organization Event Event Budget Value of In-Kind
City Support Tier Level
1 CityLink & Water of Life Back to School Bash $16,720 $1,588 Tier 1 2 Working Dogs for
Warriors
A Sound Mind Health &
Wellness Resource Fair $5,010 $1,868 Tier 2
3 Concerned Citizens for
the Development of
North Fontana Chill-n-Grill BBQ Cook-off $4,650 $2,456 Tier 3 4 Water of Life
Community Church Trunk or Treat $43,253 $6,960 Tier 1
5 Hayes Events Taste of the Holidays $3,200 $320 Tier 3 6 Fontana Aquatics Club Veterans Day Classic $10,650 $4,000 Tier 2 7 Project Boon Eat & Be Well $21,050 $2,160 Tier 3
8 Miss Fontana
Organization Miss Fontana Pageant $30,000 $1,220 Tier 1 9 Fontana Aquatics Club USA Swim Meet $10,650 $4,000 Tier 2 10 AARP AARP Luncheon Meetings
2nd Monday of
each month 8am-1:30pm
Cypress
Neighborhood
Center
11 Department of Veteran
Affairs
Counseling Combat Veterans
Affairs
Every Other
Thursday 9:30am-11:30am
Fontana
Community
Senior Center
12 Fontana Veterans Group
Fontana Military Veterans
Group Each Monday 9am-11am
Fontana
Community
Senior Center
TOTAL: $24,572
Facility Reservation Only
340
*Events in RED are new events
2023/2024 Co-Sponsorship
Cost Breakdown
Attachment D
# Organization Events Date & Time Location Requested Support City Support July 24, 2023 Use of JB Pavillion
10am-2pm (4) Public Works (Parks) $55p/h x 4 x 4hrs = $880 (1) Public Works (Streets) $55p/h x 4hrs = $220
(2) AV Staff $24p/h x 2 x 6hrs = $288
(2) CSD Staff (Events) $20p/h x2 x 5hrs = $200
$1,588.00
August 19, 2023 Veterans Park
9am-1pm (4) Public Works (Parks) $55p/h x 4 x 4hrs = $880 Public Works (Streets) $55p/h x 4hrs = $220
(2) AV Staff $24p/h x 2 x6hrs = $288
(2) CSD Staff (Healthy) $20p/h x 2 x 6hrs = $240
(2) CSD Staff (Events) $20p/h x 2 x 6hrs = $240
$1,868.00
September 9, 2023
10am-3pm
Fontana Park Sports Pavilion (Fri
& Sat)
(7) Public Works (Parks) $55p/h x 7 x 4hrs = $1,540
Public Works (Streets) $55p/h x 4hrs = $220
(2) AV Staff $24p/h x 2 x 7hr = $336
(2) CSD Staff (Events) $20p/h x 2 x 9hrs = $360
$2,456.00
October 31, 2023 Fontana PD for traffic control $90p/h x 8 x 6hrs = $4,320 5pm-9pm (8) Public Works (Parks) $55p/h x 8 x 6hrs = $2,640 $6,960.00
November 5, 2023 FCSC Multi Purpose Room
2pm-7pm (2) CSD Staff (Facilities) $20p/h x 2 x 8hrs = $320 $320.00
November 10-12, 2023 FPAC
(4) Public Works (Parks) $55p/h x 4 x 8hrs = $1,760
(6) CSD Staff (Lifeguards) $20p/h x 6 x 18hrs = $2,160
(2) CSD Staff (Events) $20p/h x 2 x 2hrs = $80
$4,000.00
November 22, 2023 Cypress Center
11am-3pm (4) Public Works (Parks) $55p/h x 4 x 7hrs = $1,540 (1) Public Works (Streets) $55p/h x 4 = $220
(2) CSD Staff (Cypress) $20p/h x 2 x 7hrs = $280
(2) CSD Staff (Events) $20p/h x 2 x 3hrs = $120
$2,160.00
June 10, 2024 Steelworkers' Auditorium
(3) Public Works (Streets) $55p/h x 3 x 4hrs = $660
(2) CSD Staff (Facilities) $20p/h x 2 x 12hrs = $480
(2) CSD Staff (Events) $20p/h x 2 x 2hrs = $80
$1,220.00
Fontana Community
Senior Center
Taste of the HolidaysSunday Brunch
5 Hayes Events
Fontana Park Aquatic
Center
Veterans Day Classic
Swim Meet
6 Fontana Aquatics Club
1 CityLink & Water of Life Back to School Bash Jack Bulik Pavilion 2 Working Dogs for Warriors A Sound Mind Veterans Park
Concerned Citizens for the
Development of North Fontana
Chill-n-Grill BBQ CookOff
3 Fontana Park Pavilion
4 Water of Life Community Church Trunk of Treat Water of Life Community Church
7 Project Boon Eat & Be Well Central City Parking Lot
Steelworkers
Auditorium
8 Miss Fontana Organization Miss Fontana Pageant
341
*Events in RED are new events
2023/2024 Co-Sponsorship
Cost Breakdown
Attachment D
FPAC
(4) Public Works (Parks) $55p/h x 4 x 8hrs = $1,760
(6) CSD Staff (Lifeguards) $20p/h x 6 x 18hrs = $2,160
(2) CSD Staff (Events) $20p/h x 2 x 2hrs = $80
$4,000.00
TOTAL: $24,572.00
11 Department of Veterans Affairs Counseling of Combat
Veterans Meeting
(2) times per week Fontana Community
Senior Center
Use of meeting room for 6-8
participants
$0
12 Fontana Military Veterans Group Veterans Support
Group
Every Monday Fontana Community
Senior Center
Use of Arts & Crafts room for 15-
20 participants $0
Facility Use ONLY
Use of banquet room, storage
room, kitchen & kitchen storage
$0
10 AARP AARP Luncheon
Meetings
2nd Monday of each
month
Cypress Neighborhood
Center
Fontana Park Aquatic
Center
9 Fontana Aquatics Club USA Swim Meet April 19-21, 2024 342
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
FROM:
Planning Department
SUBJECT:
Second Combined General Plan Amendments and Projects for the 2nd General Plan Cycle of 2023; Part No. 1 (Shea Industrial Commerce Center Project) and Part No. 2 (North Fontana Industrial Commerce Center Project).
RECOMMENDATION:
Part No. 1 - Shea Industrial Commerce Center Project
Master Case No. 21-090, General Plan Amendment No. 21-004, Zoning District Map Amendment (Zone Change) No. 21-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), Design Review No. 21-034, and Development Agreement No. 22-006 to change the subject site’s land use designation for approximately 11.1 adjusted gross acres from Multi Family High Residential (R-MFH) to Light Industrial (I-L) and to consider site and architectural design for the development of a 199,999 square foot industrial commerce center building.
1.a Adopt Resolution No. 2023-034 (Part No. 1 of General Plan Amendment cycle No. 2 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022030544), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;, approving General Plan Amendment No. 21-004 (Part No. 1 of General Plan Amendment cycle No. 2 of 2023) amending the General Plan Land Use designation on approximately 11.1 adjusted gross acres (APNs: 0239-151-09 and -38) from Multi Family High Residential (R-MFH) to Light Industrial (I-L) and approving Tentative Parcel Map No. 20523 (TPM No. 21-018) to merge two parcels into one and approving Design Review No. 21-034 for the construction of a 199,999 square foot industrial commerce center and associated on-site and off-site improvements, and subject to the Conditions of Approval; and,
1.b Read by title only and waive further reading of and introduce Ordinance No. 1914, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (Zone Change) No. 21-006 changing the zoning designation for APNs: 0239-151-09 and -38 from Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 11.1 acres located north of Casa Grande Avenue and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof; and,
1.c Read by title only and waive further reading of and introduce Ordinance No. 1915, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-006 for a public benefit fee.
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File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
Part No. 2 - North Fontana Industrial Commerce Center Project Master Case No. 21-099, General Plan Amendment No. 21-005, Zoning District Map Amendment (Zone Change) No. 21-007, Tentative Parcel Map No. 20608 (TPM No. 21-022), Design Review No. 21-039, and Development Agreement No. 22-007 - to change the subject site’s land use designation for approximately 19.0 adjusted gross acres from General Commercial (C-G) and Multi Family High Residential (R-MFH) to Light Industrial (I-L) for the development of two (2) industrial commerce center buildings totaling approximately 385,043 square feet.
2.a Adopt Resolution No. 2023-035 (Part No. 2 of General Plan Amendment cycle No. 2 of 2023,) a Resolution of the City Council of the City of Fontana approving the North Fontana Industrial Commerce Center Project pursuant to the previously certified EIR (State Clearinghouse No. 2022030544), attached Facts and Findings, and Mitigation Monitoring and Reporting Program (MMRP) and directing staff to file a Notice of Determination; approving General Plan Amendment No. 21-005 (Part No. 2 of General Plan Amendment cycle No. 2 of 2023) amending the General Plan Land Use designation on approximately 19.0 adjusted gross acres (APNs: 0239-151-19, -25, -26, and -36) from General Commercial (C-G) and Multi Family High Residential (R-MFH) to Light Industrial (I-L) and approving Tentative Parcel Map No. 20608 (TPM No. 21-022) to merge four parcels into two and Design Review No. 21-039 for the construction of two (2) industrial commerce center buildings totaling approximately 385,043 square feet and associated on-site and off-site improvements and subject to the Conditions of Approval; and,
2.b Read by title only and waive further reading of and introduce Ordinance No. 1916, an Ordinance of the City Council of the City of Fontana, approving Zoning District Map Amendment (Zone Change) No. 21-007, to amend the Zoning District Map changing the Zoning Designation for APNs: 0239-151- 19, -25, -26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 19.0 acres located south of Duncan Canyon Road and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof; and,
2.c Read by title only and waive further reading of and introduce Ordinance No. 1917, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-007.
COUNCIL GOALS:
· To promote economic development by concentrating on job creation. · To promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
DISCUSSION:
As required by state law, the City is limited to amending any element of the General Plan to no more than four (4) times in one (1) calendar year. Since the City receives multiple general plan amendment requests during the year, it is customary to combine the general plan amendment requests. The first combined general plan amendment was approved by the City Council on March 28, 2023. This will be the second combined general plan amendment for calendar year 2023.
This combined general plan amendment package includes two (2) general plan amendments and their associated projects which have been designated as Part No. 1, and Part No. 2 to ensure that the multiple general plan amendments are approved together, thereby counting as one (1) approval. City of Fontana Page 2 of 7 Printed on 5/4/2023 powered by Legistar™344
File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
the multiple general plan amendments are approved together, thereby counting as one (1) approval.
Below is a discussion of the two (2) projects as part of this amendment package.
Discussion Part No. 1 - Shea Industrial Commerce Center Project Background:
The project was considered by the Planning Commission at a duly noticed public hearing on April 18, 2023. The Planning Commission voted (5-0) to adopt Resolution PC No. 2023-016, thereby forwarding a recommendation of approval to the City Council.
At the public hearing, multiple speakers made comments in favor of the project; there were no speakers or comments received in opposition.
Project Description/Analysis:
The applicant, Sarah Bova, Shea Properties, is requesting a General Plan Amendment No. 21-004, Zoning Change No. 21-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), Design Review No. 21-034 and Development Agreement No. 22-006 for the purpose of constructing a 199,999 square foot industrial commerce center building. The project site is partially vacant and is approximately 11.1 adjusted gross acres and is located at the north of Casa Grande Avenue and east of Sierra Avenue.
General Plan Amendment No. 21-004 and Zone Change No. 21-006:
The current General Plan and Zoning land use designations of Multi Family High Residential (RMFH/R-5, respectively) do not allow for industrial commerce uses. Therefore, the applicant has applied for a General Plan Amendment to amend the General Plan land use designation of the project site to Light Industrial (I-L) and a Zone Change (ZCA) to change the Zoning District Map designation to Light Industrial (M-1). The proposed General Plan Amendment and Zoning District Map Amendment will be consistent with the existing Light Industrial uses to the south of the project site.
Development Agreement No. 22-006:
The application includes review of development agreement for a public benefit fee ($849,995.75).
Tentative Parcel Map No. 20523 (TPM No. 21-018):
The proposed industrial commerce center project site is currently composed of two (2) parcels. The applicant has filed for a Tentative Parcel Map to consolidate the two (2) parcels into one (1) parcel of approximately 11.1 acres for the proposed development of an industrial commerce center building.
Design Review No. 21-034:
The industrial commerce center building has been designed with office space totaling approximately 19,900 square feet. A gate-secured truck court with 34 loading docks are proposed on the south side of the building. The tower entry ways, clear float glass, painted bands, reveals, decorative panels, articulated window framing with glazing, and pop-outs provide structural and visual interest. The applicant has incorporated various architectural features on all sides of the building that meet or exceed the design guidelines of the Light Industrial Zone.
The project site is physically suitable in size and shape to support the development of the proposed industrial commerce center building. The applicable building codes, zoning codes, and fire codes City of Fontana Page 3 of 7 Printed on 5/4/2023
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File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
industrial commerce center building. The applicable building codes, zoning codes, and fire codes and standards will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the standards of the Zoning and Development Code. The proposal has been designed to be compatible with the industrial uses to the south of the site, while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the area.
The applicant is proposing a 12-foot-high water tank that was required by West Valley Water District (WVWD) for the development of the project site. The water tank is required to provide fire protection for the building and the water tank will be painted to match the building. The water tank will be screened by the 14-foot-high screen wall and the dense landscaping.
Circulation/Grading/Walls
Access to and from the project site will be provided from two driveways along Sierra Avenue.
Proposed landscaping would be ornamental in nature and would features trees, shrubs, and droughttolerant accent plants in addition to a variety of groundcovers. The project site will drain to the detention basin that is located at the southwest corner of the property.
The proposed project will have an eight-foot-high tube steel fence located at the north, east, south side of the property. The project site will have two, 12-foot-high tube steel rolling gates and 14-foothigh concrete screen wall located at the south side of the property screening the loading docks.
SB330:
As currently zoned, this property would have allowed for the development of 555 residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 555 units will be available as density bonuses for other residential properties throughout the city.
The program will enable, on a first come, first served basis, density bonuses of up to 20% on other parcels until the 555 residential units are reclaimed within future planned residential projects.
Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 0 units. These 555 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 555 which is less than the 2,200 units authorized by the FMC.
Environmental:
A Draft Environmental Impact Report (Draft EIR) was circulated for the 45-day public review period on November 10, 2022, with the review period closing on January 3, 2023. The document was submitted to the State Clearinghouse for notification to State agencies for comment (SCH No. 2022030544). The Planning Commission conducted a public hearing on the DEIR on December 6, 2022, to receive public comments, and prior to the end of the comment period of January 3, 2023, the City received comments on the Draft EIR from public agencies, organizations, and individuals; responses to these comments are included in the Final EIR, which consists of the Draft EIR, comments and responses to comments on the Draft EIR, a list of those commenting on the Draft EIR, a Statement of Overriding Consideration, and related Findings. To approve the project, the City Council must adopt a Statement of Overriding Considerations identifying that the project benefits override or outweigh the project’s identified unavoidable environmental impacts (air quality, City of Fontana Page 4 of 7 Printed on 5/4/2023
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File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
greenhouse gas emissions, land use, and transportation), which have been prepared and are attached, along with a Shea Industrial Commerce Center Project-specific mitigation monitoring and reporting program, to the City Council. The project California Environmental Quality Act (CEQA) environmental documents can be viewed at
<https://www.fontana.org/2137/Environmental-Documents>.
Discussion Part No. 2 - North Fontana Industrial Commerce Center Project Background:
The project was considered by the Planning Commission at a duly noticed public hearing on April 18, 2023. The Planning Commission voted (5-0) to adopt Resolution PC No. 2023-017, thereby forwarding a recommendation of approval to the City Council.
At the public hearing, multiple speakers made comments in favor of the project; there were no speakers or comments received in opposition.
Project Description/Analysis:
The applicant, Doug Hinrichs with HPA Architects, is requesting a General Plan Amendment No. 21- 005, Zoning District Map Amendment (Zone Change) No. 21-007, Tentative Parcel Map No. 20608 (TPM No. 21-022), Design Review No. 21-039, and Development Agreement No. 22-007 for the development of two (2) industrial commerce center buildings totaling approximately 385,043 square feet. The project site is partially vacant and is approximately 19.0 adjusted gross acres and is located at the south of Duncan Canyon Road and east of Sierra Avenue.
General Plan Amendment No. 21-005 and Zone Change No. 21-007:
The current General Plan and Zoning land use designations of General Commercial (C-G) and Multi Family High Residential (R-MFH/R-5 respectively) do not allow for industrial commerce uses.
Therefore, the applicant has applied for a General Plan Amendment to amend the General Plan land use designation of the project site to Light Industrial (I-L) and a Zoning District Map (Zone Change) to change the Zoning District Map designation from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1). The proposed GPA will be consistent with the Light Industrial uses proposed to the south.
Development Agreement No. 22-007:
The application includes review of development agreement for a public benefit fee ($1,636,432.70).
Tentative Parcel Map No. 20608 (TPM No. 21-022):
The proposed industrial commerce center project site is currently composed of four (4) parcels. The applicant has filed for a tentative parcel map to consolidate the four (4) parcels into two (2) parcels of approximately 19 acres for the proposed development of two (2) industrial commerce center buildings.
Design Review No. 21-039:
The industrial commerce center buildings have been designed with office area totaling approximately 21,000 square feet. Each building will have a gate-secured truck court with 35 loading docks are proposed on the south side of Building No. 1 and 14 loading docks are proposed on the west side of Building No. 2. The tower entry ways, clear float glass, painted bands, reveals, decorative panels, City of Fontana Page 5 of 7 Printed on 5/4/2023
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File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
Building No. 2. The tower entry ways, clear float glass, painted bands, reveals, decorative panels, articulated window framing with glazing, and pop-outs provide structural and visual interest. The applicant has incorporated various of architectural features on all sides of the buildings that meet or exceed the design guidelines of the Light Industrial Zone.
The project site is physically suitable in size and shape to support the development of the proposed industrial commerce center buildings. The applicable building codes, zoning codes, and fire codes and standards will make for a safe, attractive, and well-designed project. As proposed, the project is consistent with the standards of the Zoning and Development Code. The proposal has been designed to be compatible with the industrial uses to the south of the site, while also providing a development that has been designed with features (architectural relief, added landscaping, street improvements, and lighting), to enhance the character of the area.
Circulation/Grading/Walls
Access to and from the project site would be provided from two driveways along Sierra Avenue and one from Duncan Canyon Road. Trucks will only have access from Sierra Avenue and regular vehicles will have access Sierra Avenue and Duncan Canyon Road. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the south to a catch basin where it will flow to Sierra Avenue. The north portion of Building No. 2 will drain to the northerly driveway of Building No. 1 and then flow to Sierra Avenue.
Walls
The project site will have an eight-foot-high sliding gate for the loading areas, an eight-foot high tubular steel fence (west, north, and south side of the property), and a 12 to 14 foot-high screen wall surrounding the loading areas and the east side of the property. The project will not have any retaining walls.
SB330:
As currently zoned, this property would have allowed for the development of 725 residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 725 units will be available as density bonuses for other residential properties throughout the city.
The program will enable, on a first come, first served basis, density bonuses of up to 20% on other parcels until the 725 residential units are reclaimed within future planned residential projects.
Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 555 units. These 725 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,280 which is less than the 2,200 units authorized by the FMC.
Environmental:
An Environmental Impact Report was prepared for the Sierra Business Center consisting of the subject development proposal along with the northerly-adjacent development proposal (Shea Industrial Commerce Center Project). With the certification of the FEIR for the Sierra Business Center under project No. 1 (Shea Industrial Commerce Center Project), this project will have been analyzed under the certified Environmental Impact Report. Separate Findings of Fact and a City of Fontana Page 6 of 7 Printed on 5/4/2023
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File #: 21-2104 Agenda Date: 5/9/2023
Agenda #: A. Category: Public Hearing
Statement of Overriding Considerations identifying that the project benefits override or outweigh the project’s identified unavoidable environmental impacts (air quality, greenhouse gas emissions, land use, and transportation), have been prepared and are attached, along with a North Fontana Industrial Commerce Center Project specific the mitigation monitoring and reporting program, to support the City Council Resolution approving the North Fontana Industrial Commerce Center (“Acacia”) Project, pursuant to the certify Sierra Business Center Final Environmental Impact Report (SCH #2022030544). The project California Environmental Quality Act (CEQA) environmental documents can be viewed at <https://www.fontana.org/2137/Environmental-Documents>.
FISCAL IMPACT:
Part No. 1 - None
Part No. 2 - None.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
Attachment No. 1 (Part No. 1) City Council Resolution - Final Environmental Impact Report, Facts and Findings and Statement of Overriding Consideration
Attachment No. 2 (Part No. 1) City Council Resolution- General Plan Amendment/Tentative Parcel Map/Design Review
Attachment No. 3 (Part No. 1) City Council Ordinance - Zoning District Map Amendment (Zone Change)
Attachment No. 4 (Part No. 1) City Council Ordinance - Development Agreement Attachment No. 5 (Part No. 1) Planning Commission Packet from April 18, 2023 Attachment No. 6 (Part No. 1) Draft Planning Commission minutes from April 18, 2023 Attachment No. 7 (Part No. 1) City Council Public Hearing Notice Attachment No. 8 (Part No. 2) City Council Resolution- Previously Certified EIR Attachment No. 9 (Part No. 2) City Council Resolution - General Plan Amendment/Tentative Parcel Map/Design Review
Attachment No. 10 (Part No. 2) City Council Ordinance - Zoning District Map Amendment (Zone Change)
Attachment No. 11 (Part No. 2) City Council Ordinance - Development Agreement Attachment No. 12 (Part No. 2) Planning Commission Packet from April 18, 2023 (see Attachment No. 5)
Attachment No. 13 (Part No. 2) Draft Planning Commission Minutes from April 18, 2023 (see Attachment No. 6)
Attachment No. 14 (Part No. 2) City Council Public Hearing Notice City of Fontana Page 7 of 7 Printed on 5/4/2023
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1 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE
SIERRA BUSINESS CENTER FINAL ENVIRONMENTAL IMPACT
REPORT (SCH #2022030544), ADOPTING THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING THE
SHEA PROJECT.
WHEREAS, the Sierra Business Center is comprised of two separate and independent projects, the Shea Industrial Commerce Center Project (the “Shea Project”) and the North Fontana Industrial Complex (the “Acacia Project”), both of which are evaluated in the Sierra Business Center Environmental Impact Report (“EIR”) because they are adjacent, propose the same commerce center land use type, and are proposed to be implemented on a similar schedule; and
WHEREAS, the Shea Project proposes the construction and operation of a single concrete tilt-up dock high commerce center building (type III-B) with up to 199,999 sf including up to 19,900 sf of office space; and
WHEREAS, the Shea Project consists of an approximately 11.1 net acre property, located within the City of Fontana, in the southwestern portion of San Bernardino County, California, on the east side of Sierra Avenue approximately 700 feet north of Casa Grande Avenue (APNs 0239-151-09 and -38); and
WHEREAS, the Shea Project requires approvals of a Design Review Project (DRP No. 21-034) and a Tentative Parcel Map (TPM No. 21-018) to permit the development and operation of a one-building commerce center, and action pursuant to the City of Fontana’s No Net Loss Density Bonus/Replacement Program to ensure compliance with California’s Housing Crisis Act of 2019 (SB 330); and
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Fontana is the lead agency for the proposed Project; and WHEREAS, in accordance with State CEQA Guidelines section 15082, on March 22, 2022, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse Number #2022030544 would be prepared; and WHEREAS, eight (8) comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting ATTACHMENT NO. 1 350
Findings