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Attachment No. 2 - [DRAFT] SILLMAN Amendment No. 2 (DE-24-147-SP; 2025-3-31).pdf

Fontana City Council
April 22, 2025

Document
Attachment No. 2 - [DRAFT] SILLMAN Amendment No. 2 (DE-24-147-SP; 2025-3-31).pdf
Meeting
April 22, 2025
Body
Fontana City Council
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3
Original file
4.2 MB
Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.
Page 1 of 3 ends

16498.00150\32127016.1
AMENDMENT NO. 2

TO THE DESIGN SERVICES AGREEMENT
DE-24-147-SP

BETWEEN

THE CITY OF FONTANA

AND

SILLMAN WRIGHT ARCHITECTS

1. Parties and Date.

This Amendment No. 2 to the Design Services Agreement DE-24-147-SP is made and entered into as of this 23rd day of April 2025, by and between the City of Fontana (“City”) and Sillman Wright Architects, a Corporation with its principal place of business at 31045 Temecula Parkway, Suite 202, Temecula, California 92592 (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement” dated July 25, 2024 (“Agreement”) for the purpose of retaining the services of Consultant to provide Architectural Design services.

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to revise the scope of services and increase the not -to-exceed compensation amount. The Parties have therefore entered into that Amendment No. 1 dated September 11, 2024.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

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

3.2 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows:

2. Compensation.

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16498.00150\32127016.1
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. Amendment No. 2 is authorized in the amount of $ 766,670.00. In no event, shall the total amount paid for services by Consultant under this Agreement exceed the sum of $1,956,160.00. This amount is to cover all printing 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. Pa yments to Consultant for work performed will be made on a monthly billing basis.

3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the a ctions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

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. 2.

3.5 Severability. If any portion of this Amendment No. 2 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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16498.00150\32127016.1

SIGNATURE PAGE TO
AMENDMENT NO. 2

DESIGN SERVICES AGREEMENT

CITY OF FONTANA

By: ___
Matthew C. Ballantyne
City Manager

SILLMAN WRIGHT ARCHITECTS

By: ______________________________
Brett Tullis
Principal Architect
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
Director of Engineering / City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Office

13 16498.00150\32126437.1

EXHIBIT A
Scope of Services

5. Work Plan

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 Trust, open communication, clear project goals, and
experienced planning is the SILLMAN Experience for
creating a great design for the City that is constructible, maximizes project value within budget and schedule,
while also respecting the community values.

We work collaboratively to garner and include City and
User Group input, in order to facilitate discussions about any possible schedule impacts from revisions or changes.

SCOPE OF WORK & DELIVERABLES
We have identified the following deliverables that will allow for a successful project outcome and fulfill all
objectives for the new City Hall:
• Initial Planning
• Schematic Design
• Design Development
• Final Working Documents
• Construction Contract Documents / Permitting
• Bidding
• Construction Administration
• Project Closeout (As-built Drawings / Warranty
Phase)
⊲ INITIAL PLANNING, SCHEMATIC DESIGN, &

ENTITLEMENTS
The Programming and Schematic Design Phase is the
research and collaborative decision-making stage, where we will work closely and collaborate with the City and
its User Groups to define and confirm the new facility’s Programming, Project Criteria, and Schematic Design.

During this stage we will begin to ensure that the
building obtains proper entitlements and approvals
so that there will be no delay during construction. The outcome allows us to:
• Confirm Project Goals
• Understand the Exact Scope of Work
• Prepare Block Plans & Space Plans
• Develop the Project Schedule
• Develop the Project Budget
⊲ BUILDING EARL Y STAKEHOLDER CONSENSUS
In order to design a City Hall which meets the City’s
current and future needs, program verification with all User Groups is vital in building consensus.

We will meet with the City and all other relevant
User Groups to identify and test the viability of several creative project solutions to maximize value, while also meeting the program, schedule, and budget, in order to
solidify a (Conceptual) Schematic Design that exceeds
expectations. We would propose a multi-day Partnering
Workshop for all User Groups to discuss relevant issues, explore ideas, opportunities, and find creative solutions.

Taking place over 2-3 days (virtually or in-person), these Partnering Workshops are focused on:
• Consensus Driven Goals & Fostering Mutual Trust
• Collaboration is the key to our success - open &
honest partnering is essential
• Every Voice Matters: Even with multiple User
Groups, it is important each perspective is heard
• Measuring Wants vs Needs against project goals,
we develop the design based on the most important
items, which fit within the budget & schedule
During this time, we will also coordinate with the
City to address the following items to ensure we are
designing a customized City Hall facility which actually functions as intended:
• Adjacencies & Functionality
• Floorplans, Layouts, Fixtures & Equipment
• Constructability
• Systems Confirmation
• Americans with Disabilities (ADA) Requirements
• Life-Cycle Performance & Minimizing Energy Costs
• Meeting Code Compliance
• Public Agencies & Utility Permit Processing
• Target Value Cost Estimating: Reduce Waste & Add Value • Schedule Confirmation: Identify Long Lead Time Items
• Potential Cost-Saving Alternatives & Options

PROJECT APPROACH

SCOPE OF WORK & DELIVERABLES

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 ⊲ ROBUST QA/QC PROGRAM
Throughout the Design and Construction Phases, a
rigorous QA/QC Program featuring a Design Quality
Control Plan will be implemented by a designated
Design Quality Assurance Manager to ensure the
quality of product and deliverables meets or exceeds
the City’s expectations and goals.

During the Construction Documents Phase , we use
our 3-D BIM capabilities to work at a collaborative
level with the User Groups in defining and developing
all systems, finishes and project parameters for
consideration and approval. These realistic 3-D models
will allow for streamlined decision making and will also help facilitate discussion with the City on any updates, revisions, or potential changes throughout the design
and construction process.
⊲ DEMOLITION PLANS
We will prepare demolition plans and all relevant
public bid documents for the project to include onsite, offsite, WQMP, landscape, in compliance with the City’s landscape ordinance.
⊲ PERMITTING
During the Construction Documents phase, we will
meet with the any and all Authorities Having Jurisdiction (AHJ) to identify, address, and incorporate issues, which will be documented in meeting minutes and distributed.

As part of Permit Processing, issues will be identified and resolved with the City’s involvement and Final
Construction Documents will be issued for construction. ⊲ BIDDING
Our Team will support the City during the Bidding
Process to ensure that the bids received are accurate
and equitable.
⊲ CONSTRUCTION SUPPORT SERVICES
We are committed to supporting the City and the
Contractor throughout the Construction Phase. We will
attend regular site visits and will collaborate with the City and the Contractor to limit revisions by ensuring
that the approved Permit documents are followed.

Successful Project Closeout starts at the beginning
of construction; therefore, our approach to Project
Closeout is proactive and ensures the project is
successfully closed through public contract code,
protecting client interest all relevant public agencies and utility companies. Our team will continue to provide advice to the City during the Warranty Period.

We strongly believe that a good program with clear
project goals leads to a strong design concept , which
are the critical ingredients for the success of this project. ⊲ BUILD IT BEFORE YOU BUILD IT
In order to help the City and its User Groups easily
visualize our proposed designs and ensure everyone
is getting the facility they’ve imagined, our Design
Team will utilize 3-D Building Information Modeling
(BIM) technologies, including Revit and Lumion, starting in Conceptual & Schematic Design and continually
evolving until design is complete.

Before the first shovel is put into the ground, our Design Team will provide the City with detailed 3-D computer
models that will accurately represent all aspects of the proposed facility design.

These realistic 3-D models will allow for streamlined
decision making and will also help facilitate discussion with Access on any updates, revisions, or potential
changes throughout the design and construction
process – keeping the project on schedule and budget.
⊲ DESIGN DEVELOPMENT & CONSTRUCTION

DOCUMENTS
Once the Programming and Schematic Design items
are addressed and incorporated, we will focus on
producing the Construction Documents.

Internal weekly meetings will be held to work together
to resolve issues and confirm project schedule and
budget. The City Review Meetings will be held at
major milestones, including 30%, 50%, and 100%
completion of Construction Documents to review and
discuss the progress.

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 ⊲ OPEN COMMUNICATION
Trust, open communication, clear project goals, and
experienced planning are key to creating a stellar design that is constructible and maximizes project value within the budget and established schedule.

We believe ongoing collaboration and communication
are essential for understanding issues and finding
solutions that lead to project success.
⊲ COMMITTED TO THE CITY’S VISION
We understand the City’s Vision of a modern flexible
facility that will be a cornerstone of the Civic Campus.

This iconic project will set the tone for the City’s future, establishing a higher standard of construction in Fontana and ushering in a feeling of renewal and growth.

The facility will elevate the office environment for the elected officials and City executives, providing a new
vision for what is possible. We will meet the City’s
Project Goals by ensuring all voices are heard through
close collaboration and ongoing User Group input.
⊲ SUSTAINABILITY
We share the City Council’s goal of preserving the
local environment and promoting a healthy economic
and environmental future through sustainable design
principles, passive design strategies, and reduction of carbon footprint in construction.

With 30+ successful LEED and Zero Net Energy
Projects completed by our firm we have the know-how
and the drive to contribute to the City’s goal of becoming the most environmentally conscious city in California.

UNDERSTANDING OF ISSUES & SOLUTIONS
⊲ START WITH CLEAR GOALS
Establishing clear project goals and values is vital to ensure we are designing to the project budget. Once
goals are finalized, they act as a road map to effective decision-making with the City and User Groups to
identify the most important project elements that will
also fit within the established budget and schedule.
⊲ STAY ON BUDGET & MAXIMIZE VALUE
We have an inclusive and collaborative approach
to managing and controlling the project cost, while
utilizing practical design solutions to adapt to the
realities of budget constraints. Our Team will explore
a variety of options for structural; mechanical; building massing; building systems; program; reducing
redundancies and maximizing value.
⊲ PROACTIVE WITH PUBLIC AGENCIES &

UTILITY AGENCIES
SILLMAN has successfully completed dozens of
projects in San Bernardino County which have taught
us to be proactive and meet with the Public & Utility
agencies and other Authorities Having Jurisdiction
(AHJs) as early as possible in the project timeline.

We will reach out and meet with all relevant AHJs,
like the City of Fontana, Southern California Edison,
SoCalGas, Fontana and the Fire Protection District,
which eliminates expensive design changes down the
line due to non-compliant design.
⊲ MAINTAINING SCHEDULE
It is likely that there will be revisions due to code,
constructability, function, or program goals. Our goal
is to work with the City to make design revisions in a
way that minimizes the impact on budget and schedule.

Our experienced Design Team is skilled at discovering
opportunities to save money to allow for potential
revisions in the agreed upon timeframe.
⊲ DESIGN-BID-BUILD EXPERTS
With hundreds of successful Design-Bid-Build
projects under our belt , we understand that making
sure the project is delivered within the established
budget is a top priority. We will provide accurate cost estimates that show the up-to-date costs for materials
and account for recent inflation before and during the
bid phase. We have found through experience that
maintaining early order of long lead time items helps to ensure that the budget and schedule remain on track.

UNDERSTANDING OF ISSUES & SOLUTIONS

6. Schedule
Months M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A Months Initial Planning Phase 2.25 0.5 1.0 0.75 2.25
Schematic Design Phase 2 0.25 1.0 0.75 2
Design Development Phase 3 1.0 1.0 1.0 3
Final Working Documents Phase 3 1.0 1.0 1.0 3
Construction Contract Documents Phase / Permitting 1 1.0 1 Bid Phase 2 1.0 1.0 2
DESIGN & BID TOTAL 13.25 0
Construction Phase 16 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 16 As-Built Drawings 1 1.0
CONSTRUCTION TOTAL 17 0
Warranty Phase is expected to extend 12 months past
completion of construciton 12 1.0 1.0 12
Deliverable Dates
Schematic Design Package 12/16/24
Entitlement Package early January
Cost estimate 1/25/25
City Council 2/25/25
Fontana City Hall Renovation Phase II (City Hall)

SILLMAN
Conceptual Schedule
UPDATED 12/04/2024
Phase 2024 2025 2026 2027

EXHIBIT B
Schedule of Charges/Payments
Reference is made to Phase 3 – Final Working Drawings & Specifications, Construction Contract Documents, and Bid Phase of the attached Cost Proposal. 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.

Discipline
Final Working
Drawings &
Specifications
Construction
Contract
Documents
Bid Phase Total Construction
Phase
As-Built
Drawings /
Warranty
Period
Total
Architectural 126,000 $ 110,000 $ 30,000 $ 266,000$ 300,000 $ 30,000 $ 330,000$ Structural (Core & Shell) 39,400 $ 10,000 $ 2,000 $ 51,400$ 26,000 $ 6,000 $ 32,000$ Structural (TI) 8,400 $ - $ - $ 8,400$ 4,000 $ - $ 4,000$ Survey - $ - $ - $ -$ - $ - $ -$ Civil 23,190 $ - $ 2,000 $ 25,190$ 28,000 $ 6,000 $ 34,000$ Mechanical 17,400 $ 17,000 $ 3,000 $ 37,400$ 30,000 $ 3,000 $ 33,000$ Plumbing 10,800 $ 11,000 $ 2,000 $ 23,800$ 16,000 $ 2,000 $ 18,000$ Electrical 18,600 $ 19,000 $ 3,000 $ 40,600$ 30,000 $ 3,000 $ 33,000$ Low Voltage (Conduit Only) 2,000 $ 2,000 $ 2,000 $ 6,000$ 6,000 $ 2,000 $ 8,000$ Photo Voltaic (Deferred Approval) 2,000 $ 2,000 $ 2,000 $ 6,000$ 4,000 $ 2,000 $ 6,000$ Fire Alarm (Deferred Approval) 3,000 $ 2,000 $ 2,000 $ 7,000$ 4,000 $ 3,000 $ 7,000$ Fire Sprinkler (Deferred Approval) 7,000 $ 6,500 $ 2,000 $ 15,500$ 6,000 $ 3,000 $ 9,000$ Interior Design & FF&E 9,600 $ 4,000 $ 2,000 $ 15,600$ 5,000 $ 2,000 $ 7,000$ Landscape 4,500 $ 3,800 $ 2,600 $ 10,900$ 5,500 $ 2,600 $ 8,100$ Acoustics (Council Chambers Only) 3,500 $ 4,500 $ 1,000 $ 9,000$ 3,000 $ 1,000 $ 4,000$ Cost Estimate 9,800 $ - $ - $ 9,800$ - $ - $ -$ Sub Total 285,190 $ 191,800 $ 55,600 $ 532,590 $ 467,500 $ 65,600 $ 533,100 $ Additional Service Proposal #1
Survey 5,880 $
Additional Service Proposal #2
DSO New Restroom, Option 1 and
Option 2
Total
Add'l
Serv #2
Architectural 85,000$
Structural 75,000$
Mechanical
Plumbing
Electrical
Low Voltage (Conduit Only)
Frie Alarm (Deferred Approval)
Fire Sprinkler (Deferred Approval)
4,500$
Add'l Service #2 Total 228,200 $
Phase III + Add'l Services 1 & 2 Total 766,670 $
Fontana City Hall Phase 2 A&E Fees Design & Construction Documents

SILLMAN
3/19/2025
63,700 $
Phase III Phase IV

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