3.4 Copies of Schematic Plans and Other Documents. Consultant, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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4.1 Design Development Documents. Once City provides Consultant with specific written approval of the Schematic Plans described herein, Consultant shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.
4.2 Copies of Design Development and Other Documents. Consultant, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4.3 Updated Project Budget. Consultant shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Consultant’s Updated Project Budget”).
4.4 Timetable. Consultant shall provide a written timetable for full and adequate completion of the Project to City.
4.5 Application for Approvals. Consultant shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Consultant shall furnish and process all architectural and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.
4.6 Color and Other Aesthetic Issues. Consultant shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.
5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.
During the final working drawings and specifications phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
5.1 Final Working Drawings and Specifications. Once City provides Consultant with specific written approval of the Design Development Documents described herein, Consultant shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record 220
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drawings (“as-built drawings”) in City’s possession. Consultant will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Consultant which may not be shown on the as-built drawings.
5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Consultant and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Consultant.
5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Consultant, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. Consultant shall bring any such conflicts and/or inconsistencies to the attention of City. The Parties agree that Consultant, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.
However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.
5.4 Costs of Construction. It is understood by Consultant that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Consultant’s fees. Should it become evident that the total construction cost will exceed the specified sum, Consultant shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.
5.5 Copies of Final Working Drawings and Specifications and Other Documents.
Consultant, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or 221
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local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
6. CONSTRUCTION CONTRACT DOCUMENTS.
During the construction contract documents phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
6.1 Bid and Contract Documents. If so required by City, Consultant shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), `Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.
6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Consultant shall provide City with its final estimate of probable construction cost (“Consultant’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Consultant’s duty to design the Project within budget.
7. BID PHASE.
During the bid phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
7.1 Reproducible Construction Documents. Once City provides Consultant with specific written approval of the Construction Documents and Consultant’s Final Estimate, Consultant shall provide to City one set of reproducible Construction Documents.
7.2 Distribution of Contract Documents and Review of Bids. Consultant shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.
7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Consultant’s Final Estimate by more than five percent (5%), City may request Consultant to amend, at Consultant’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Consultant’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Consultant’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.
8. CONSTRUCTION PHASE.
During the construction phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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8.1 Observation. The Project Consultant shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Consultant.
8.2 General Administration. Consultant shall provide general administration of the Construction Documents and the work performed by the contractors.
8.3 Pre-Construction Meeting. Consultant shall conduct one or more pre- construction meetings, as the City determines is needed for the Project, with all interested Parties.
8.4 Site Visits of Contractor’s Work. Consultant shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.
8.5 Site Visits of Inspector’s Work. Consultant shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Consultant and City. Consultant shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.
8.6 Coordination of Subconsultants. Consultant shall cause all architects, engineers and other consultants, as may be hired by Consultant or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.
8.7 Reports. Consultant shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.
8.8 Construction Meetings; Minutes. Consultant shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.
8.9 Written Reports. Consultant shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.
8.10 Written Records. Consultant shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.
8.11 Material and Test Reports. Consultant shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Consultant shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City. 223
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8.12 Review and Response to Submissions. Consultant shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Consultant’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.13 Rejection of Work. Consultant shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Consultant shall immediately notify the City and contractor(s) of such rejections. Consultant shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.
8.14 Substitutions. Consultant shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Consultant’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.15 Revised Documents and Drawings. Consultant shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.
8.16 Change Requests and Material Changes. Consultant shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Consultant shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.
If the City has not hired a construction manager or other person to do so, the Consultant shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Consultant shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Consultant’s approval, or submit them to the City with recommendations for revision or denial if necessary. Consultant shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Consultant may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.
8.17 Applications for Payment. Consultant shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.
8.18 Final Color and Product Selection. Consultant shall coordinate final color and product selection with City’s original design concept.
8.19 Substantial Completion. Consultant shall determine the date of substantial completion, in consultation with the City.
8.20 Punch List. After determining that the Project is substantially complete, Consultant shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Consultant shall notify 224
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contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Consultant shall also notify City of all Punch List Items.
8.21 Warranties. Consultant shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Consultant shall coordinate and provide these materials to the City.
8.22 Certificate of Completion. Consultant shall participate in any further inspections of the Project necessary to issue Consultant’s Certificate of Completion and final certificate for payment.
8.23 Documents for Project Close-Out. Consultant shall cause all other architects, engineers and other consultants, as may be hired by Consultant, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.
Consultant shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.
9. AS-BUILT DRAWINGS.
During the as-built drawings phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Consultant shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Consultant shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Consultant by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.
9.2 Approval. Once City provides Consultant with specific written approval of the As- Built Drawings and Specifications, Consultant shall forward to City the complete set of original As-Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.
9.3 Documents for Final Payment. Prior to the receipt of Consultant’s final payment, Consultant shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Consultant’s Certificate of Completion.
10. WARRANTY PERIOD.
During the warranty period phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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10.1 Advice. Consultant shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. 226
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EXHIBIT “B”
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
Classification Rate
Analyst I $130 - $160
Analyst II $165 - $195
Professional $195 - $230
Senior Professional I $235 - $315
Senior Professional II $320 - $410
Senior Technical Support $165 - $290
Technical Support $105 - $165
Support Staff $85 - $145
BR00PUSTD.A.CCT
Rates valid through 12/31/24. Subject to annual adjustment thereafter
2. REIMBURSABLE EXPENSES.
Internal Reimbursable Expenses will be charged at 4.6% of Labor Billings External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract.
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. ADDITIONAL CONSULTANTS.
If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the Consultant’s actual hourly rates plus 10% mark-up. Owner shall have the authority to review and approve the rates of any such consultants.
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EXHIBIT "C"
SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: DESIGN SERVICES AGREEMENT FOR ON-CALL SERVICES Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF ONTARIO [INSERT NAME OF CONSULTANT]
Dated: Dated:
By: By:
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CITY OF ONTARIO
DESIGN SERVICES AGREEMENT
FOR ON-CALL SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California (“City”), and Fehr & Peers, an S Corporation with its principal place of business at 100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering design services required by the City on the terms and conditions set forth in this Agreement. Consultant warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Consultant is a corporation or other organization, the Project Consultant designated pursuant to Section 3.2, and not the Consultant itself, shall be fully licensed to practice as an engineer in the State of California.
2.3 Project. City desires to engage Consultant to render such services for the On-Call Transportation Planning & Traffic Engineering Design Services ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Consultant.
3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to supply the professional engineering and related services necessary for the Project described in Exhibit “A” attached hereto and incorporated herein by reference(“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “C”. All Services shall be subject to, and performed in accordance with, this PAUL S. LEON
MAYOR
DEBRA PORADA
MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN
RUBEN VALENCIA
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
TREASURER
SCOTT OCHOA
CITY MANAGER
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Agreement, each Task Order, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole approval of the City, which approval shall not be unreasonably withheld.
3.1.2 Term. The term of this Agreement shall be from April 2, 2024 to April 2, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Project Consultant; Key Personnel.
3.2.1 Engineer of Record. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Jason D. Pack, (License No. TR2402) to act as the Engineer of Record for the Project. The Engineer of Record shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record shall be of at least equal competence as the prior Engineer of Record. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record, City shall be entitled to terminate this Agreement for cause.
3.2.2 Key Personnel. In addition to the Engineer of Record, Consultant has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event that City and Consultant cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: Fehr & Peers : Jason Pack, Principal TR2402; Paul Herrmann, Senior Associate, TR2797 & Claude Strayer, Senior Associate CA #86774. Mark Thomas: Josh Cosper, CA QSD 00709, CA PLS 8774 & CA PE C71667.
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Consultant shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Consultant may delegate without relieving Consultant from administrative or other responsibility under this Agreement.
Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
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3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Consultant in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Consultant shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Consultant’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Consultant shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Consultant’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Consultant shall perform all Services under this Agreement in accordance with the care, skill, and diligence ordinarily exercised by professionals providing similar services in the same or similar locale and under similar circumstances to that of Consultant under this Agreement. Consultant shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Consultant shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project caused by Consultant’s failure to perform its services in accordance with the standard of care specified above in this Section 3.4.1. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them.
Finally, Consultant represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Consultant by law. Consultant shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. Consultant shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Consultant shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Consultant. Consultant shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Consultant shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Consultant and City.
3.5.3 Americans with Disabilities Act. Consultant will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Consultant shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Consultant’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Consultant, and the Consultant shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Consultant request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Consultant shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Consultant shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Consultant shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
3.5.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 232
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1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Consultant on an independent contractor basis and Consultant is not an employee of City. Consultant is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City, and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement, each individual Task Order issued by the City, and in Exhibit “A” attached hereto and incorporated herein by reference.
3.7.2 Timely Performance Standard. Consultant shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Consultant shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Consultant agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.7.3 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Consultant cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Consultant without the prior written approval of City. If the Consultant’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Consultant will be responsible.
3.7.4 Excusable Delays. Any delays in Consultant’s work caused by the following may be added to the time for completion of any obligations of Consultant: (1) the actions 233
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of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Consultant; and (5) any Force Majeure Event (as defined herein) or other unforeseen occurrence not due to any fault or negligence on the part of Consultant. Neither the City nor the Consultant shall be liable for damages, liquidated or otherwise, to the other on account of such delays.
3.7.5 Force Majeure Events. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement. Should a Force Majeure Event occur, the non- performing Party shall, within fifteen (15) calendar days of the beginning of an Force Majeure Event, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.7.6 Request for Excusable Delay Credit. The Consultant shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the Parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Consultant for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the Parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Consultant make an application for an extension of time, Consultant shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
3.8 Additional Services.
3.8.1 Request for Services. At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted architectural practice.
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3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary for the Consultant to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Consultant shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Consultant as to the compensation to be paid for such services. City shall pay Consultant for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Consultant pursuant to the indemnification provision of this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Consultant was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Consultant to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Consultant. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Consultant is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Consultant's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).
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3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Jay Bautista, Transportation Manager, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Consultant’s Compensation for Basic Services. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for all Task Orders issued hereunder shall not exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) without written approval of the City Council or City Manager, as applicable. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Consultant perform Additional Services. As used herein, 236
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Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “B” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the rates and in the manner set forth in Exhibit “B” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Consultant shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “B” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Consultant in the interest of the Project.
Consultant shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
3.10.4 Payment to Consultant. Consultant’s compensation and reimbursable expenses shall be paid by City to Consultant no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the compensation rates indicated in Exhibit “B” attached hereto and incorporated herein by reference.
In order to receive payment, Consultant shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Consultant shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B”, attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the Parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Consultant shall be compensated as 237
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set forth in the termination provision herein.
3.10.5 Withholding Payment to Consultant. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Consultant is liable under the Agreement or state law. Payments to the Consultant for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Consultant shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from Parties not within the Consultant’s reasonable control.
3.10.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. 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.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.
(a) Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works project” of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, 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 (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders 238
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issued by the Department of Industrial Relations against Consultant or any subconsultant 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 subconsultant.
3.11 Notice to Proceed.
Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
3.12.1 Grounds for Termination; Consultant’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Consultant shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Consultant may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Consultant as provided in this Agreement.
3.12.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.
3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Consultant’s Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Consultant under this Agreement.
Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.12.4 Employment of other Consultants. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, architectural 239
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presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Consultant or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Consultant shall provide to City copies of all Project Documents required by City. In addition, Consultant shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.
Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Consultant shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant’s seal from the Project Documents and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Consultant shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Consultant represents and warrants that Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Consultant prepares or causes to be prepared pursuant to this Agreement. Consultant shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Consultant makes no such 240
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representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Consultant and provided to Consultant by City.
3.13.5 Confidentiality. All Project Documents, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s reasonable choosing), indemnify and hold the City, its officials, officers and employees, 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 negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers or employees.
3.14.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (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 the extent such claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.15 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Consultant shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
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3.15.2 Additional Insured. The City of Ontario, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.15.3 Commercial General Liability
(a) 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. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(i) Bodily Injury and Property Damage
(ii) Personal Injury/Advertising Injury
(iii) Premises/Operations Liability
(iv) Products/Completed Operations Liability
(v) Aggregate Limits that Apply per Project
(vi) Explosion, Collapse and Underground (UCX) exclusion deleted
(vii) Contractual Liability with respect to this Contract (viii) Broad Form Property Damage
(ix) Independent Consultants Coverage
(c) 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.
(d) The policy shall give City, the City Council and each member of the City Council, its 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.
(e) 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. 242
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3.15.4 Automobile Liability
(a) 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.
(b) 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).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) 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.
3.15.5 Workers’ Compensation/Employer’s Liability
(a) 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.
(b) 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.
3.15.6 Professional Liability (Errors and Omissions)
(a) 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 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.
3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
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Coverage Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) 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.
3.15.8 Evidence Required
(a) 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.
3.15.9 Policy Provisions Required
(a) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) 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, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(c) 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 244
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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.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to 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.
(e) 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.
3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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.
3.15.11 Additional Insurance Provisions
(a) 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.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 245
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3.15.12 Subconsultant Insurance Requirements
(a) 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.
3.16 Records.
Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items.
Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for engineering services between City and the Consultant chosen therefor by City.
3.19 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the Parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the Parties.
3.20 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.
3.21 Asbestos Certification.
Consultant shall certify to City, in writing and under penalty of perjury, that to the best of 246
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its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Consultant prepares for the Project. Consultant shall require all consultants who prepare any other documents for the Project to submit the same written certification. Consultant shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Consultant shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.
3.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
3.27 Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Consultant shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Consultant shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Consultant's 247
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employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.
3.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
CITY:
City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Craig Cruz, Engineering
CONSULTANT:
Fehr & Peers
3750 University, Suite 225
Riverside, CA 92501
Attn: Jason Pack
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
3.32 Prohibited Interests.
3.32.1 Solicitation. 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.
3.32.2 Conflict of Interest. 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.
3.33 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 any other classification protected by federal or state law.
Such non-discrimination shall include, but not be limited to, all activities related to initial 248
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employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.35 Subcontracting.
As specified in this Agreement, Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
3.37 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the Parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the Parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all Parties hereto.
SIGNATURES ON FOLLOWING PAGE
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Signature Page for Design Services Agreement
Between the City of Ontario
and Fehr & Peers
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ONTARIO Fehr & Peers
By:
Steven J. Brown
Senior Vice President
[email protected]
By:
Lysa Wollard
Treasurer
[email protected]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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BB&K (2023) Exhibit A-1
EXHIBIT “A”
SCOPE OF SERVICES
The City of Ontario is seeking proposals from qualified consulting engineers (the Consultant) to provide On-Call Services for three (3) years, with an option of renewing for two (2) consecutive one (1) year terms for services in transportation planning & traffic engineering design with the intention of maintaining a list of multiple qualified prime engineering firms, with subconsultant support services as needed. Task orders will be issued to firms on a competitive basis based on the qualifications and expertise of the firm and their subconsultants. There is no designated minimum nor maximum value of services to be awarded to any one consultant.
The Consultant is expected to furnish all services as required to complete the scope of services described below for task order projects and to manage and control costs and resources, and complete work in adherence to the agreed upon Project schedule. The Consultant will assign a Project Manager who will act as the City’s primary contact and will be entirely responsible for project management activities throughout the duration of an awarded task (including subconsultant work, if applicable). The following is a suggested breakdown of Project tasks and should be incorporated into the fee schedule under the appropriate activities.
TRANSPORTATION AND TRAFFIC ENGINEERING PROJECT DESIGN SERVICES The City of Ontario is seeking a Request for Qualifications from firms for Professional Services:
Consultant shall be aware that certain labor categories above may be subject to prevailing wage rates as identified in the California Labor Code commencing Section 1770 et. Seq.
Determination of whether or not Prevailing Wages shall apply will be determined when the City’s project manager identifies the scope of specific task orders. Please refer to Paragraph I.10 “Prevailing Wage” of this RFQ, and Paragraph 3.10.6 “Prevailing Wages” of the DSA for further requirements.
Expected services to be provided under this on-call contract will be performed under a task order system and may include:
1) Transportation Planning
Development Support Services
Traffic Study Preparation and Review
Parking Analysis Preparation and Review
Trip Generation Analysis Preparation and Review
VMT Analysis Preparation and Review
SB743 Analysis Preparation and Review
Traffic Simulations
On-site circulation analysis
Data Collection and Analysis
Traffic Model Support
On-Site “extension to staff” support services
Long Range Planning
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General Plan Support
Specific Plan Support
Active Transportation Plans and Programs
Context Sensitive Solutions
Maintain and Update City Traffic Study Guidelines
Transit Studies
Corridor Studies
On-Site “extension to staff” support services
Coordination with outside agencies
Support for funding and grant applications
2) Traffic Engineering
Traffic Design Plan (including civil work) and Cost Estimate Preparation and Review Traffic Signal Plan and Cost Estimate Preparation and Review Pedestrian Hybrid Beacon Plan and Cost Estimate Preparation and Review Street Light Plan and Cost Estimate Preparation and Review Traffic Studies for Capital Projects
Support for funding and grant applications
Intelligent Transportation Systems Design
Traffic Signal Timing and Coordination Studies
Traffic Control Plan Design and Review
Technical services and support for non-motorized capital projects Active Transportation Design and Review
Traffic Calming Support
Traffic Calming Plan Design and Review
On-Site “extension to staff” support services
Traffic Counts Support
Engineering and Traffic Surveys
Warrant Analyses
Coordination with outside agencies (Caltrans, railroads, neighboring cities, etc.) Signing and Striping Support
Project Design/Plans, Specifications, and Estimates (PS&E) Preparation Firms shall be capable of performing the following tasks:
Land Surveying & Mapping
Civil Engineering Design
Detailed Engineering/Cost Estimation
Preparation of construction bid documents and specifications Any other work required to complete project design
Consultant shall perform research of records including utility companies and other agency records as necessary to secure information required to identify, locate, and accurately layout all existing improvements and right-of-way within project limits that may interfere with the proposed 252
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improvements. Consultant will identify estimated number of potholes required for a project in their cost proposal for each individual task order.
Consultant shall conduct a site visit to observe the topography and visualize the proposed improvements at the project location and review available subsurface data from nearby structures or published geologic maps to determine general subsurface conditions at the project site.
General Requirements and Project Deliverables
All surveys shall be performed by Consultant in accordance with accepted professional surveying standards. Consultant shall obtain applicable encroachment permits from the City of Ontario, Railroad, Caltrans, and neighboring cities prior to beginning any field investigation.
Additionally, if a traffic control plan is required, Consultant shall prepare the plan. Such documents shall be forwarded to the respective permit issuing agency, for review and concurrence prior to beginning any field investigation.
The Consultant shall complete a topographic survey map of the site to prepare a base map for the construction plans. This includes, but is not limited to:
1. Horizontal and vertical control, drainage surveys, topographical surveys within the right-of-way, cross sections, grid grades, open-ended traverses, profile data sheets and required documentation. (Horizontal Control shall be based on NAD 83; Vertical Control shall be based on NAVD 88).
2. Establish street centerlines, right-of-way lines existing and proposed, and all easements from available record information.
3. Provide the basis-of-bearing and benchmark information used for the survey and necessary for construction.
4. Locate and tie any features that would affect the design or construction.
5. Obtain Record of Surveys, benchmark and centerline tie information.
The City will provide the title block and specification boiler plate to the Consultant. All drawings shall utilize AutoCAD 2021 or later and shall utilize the City of Ontario standard title block. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provide plans and/or specifications accordingly. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultants’ licensed professional engineer responsible/in-charge of the project.
The Consultant will be expected to revise the documents within a revised schedule set by the City. There will be no additional compensation necessary for the consultant to complete the work to the satisfaction of the City for required revisions. The Consultant’s services for plan specifications and estimating (PS&E) for engineering project preparation and special studies/investigations shall include and be in conformance with the latest editions of the Greenbook Standard Specifications for Public Works Construction and the City of Ontario standards, unless otherwise specified. Latest editions of the Caltrans Standards and Specifications shall be used for traffic signal design. 253
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For the City plan check process, the Consultant will be required to submit one PDF electronic copy for all submittals. Consultant shall also be responsible for submitting plans and reports for plan check and approval/permit issuance to any affected agencies.
Permitting
Prepare and file all necessary documents and apply for all required permits or provide support including, but not limited to:
i. Federal, Caltrans, Railroad, environmental, and utility permits ii. Valet parking review
iii. Permit Parking review
iv. On-Site “extension to staff” support services
Consultant shall coordinate permits and any other issues with the City, other agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies.
3) Construction Support and Other Tasks
Firms shall be capable of performing the following tasks:
Project presentations and meetings
Construction Support Services
Any other work required to successfully plan for projects and adequately assess project feasibility
During the bidding process and construction, the Consultant shall assist in answering questions regarding the technical specifications, design drawings or conflicts in the design, respond to City staff and/or contractor RFI’s for any technical design clarification or design conflicts that arise during construction, review and recommend materials submittals and shop drawings for concurrence with plans and specifications, attend milestone meetings and pre-con meetings, and prepare record drawings that incorporate redlines comments prepared by the contractor and City Staff. One (1) bond set of the record drawings shall be submitted and all drawings shall be provided to the City electronically, as a PDF file and with the latest AutoCAD file format.
Change Orders (Change to Scope of Work)
All changes must be submitted in writing for City approval. The Consultant shall submit a cost fee proposal for all changes. The City will evaluate and issue a Notice to Proceed for each Change Order separately
1. GENERAL REQUIREMENTS.
1.1 Basic Services. Consultant agrees to perform all the necessary professional architectural, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the Parties) and construction 254
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administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.
1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A
1.3 Additional Services. Consultant shall perform the following Additional Services for the Project: N/A
1.4 Communication with City. Consultant shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Consultant shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.
1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Consultant will be fully aware of the duties and responsibilities of the construction manager.
The Consultant shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Consultant shall request clarification from the City in writing if the Consultant should have any questions regarding the authority of the construction manager.
2. INITIAL PLANNING PHASE.
During the initial planning phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.
2.2 Meeting Budget and Project Goals. Consultant shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.
Consultant shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Consultant to design the Project within budget.
As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Consultant may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.
2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Consultant shall assist City in securing easements, encroachment permits, rights of 255
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way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.
3. SCHEMATIC PLAN PHASE.
During the schematic plan phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
3.1 Funding Documents. Consultant shall provide a site plan and all other Project- related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.
3.2 Schematic Plans. In cooperation with City, Consultant shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed architectural concept of the buildings (“Schematic Plans”). Consultant shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All architectural drawings for the Project shall be in a form suitable for reproduction.
3.3 Preliminary Project Budget. Consultant shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Consultant’s Preliminary Project Budget”). The purpose of the Consultant’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Consultant perceives site considerations which render the Project expensive or cost prohibitive, Consultant shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Consultant may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Consultant shall provide a preliminary written time schedule for the performance of all construction work on the Project.
3.4 Copies of Schematic Plans and Other Documents. Consultant, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
4.1 Design Development Documents. Once City provides Consultant with specific written approval of the Schematic Plans described herein, Consultant shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to 256
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outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.
4.2 Copies of Design Development and Other Documents. Consultant, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4.3 Updated Project Budget. Consultant shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Consultant’s Updated Project Budget”).
4.4 Timetable. Consultant shall provide a written timetable for full and adequate completion of the Project to City.
4.5 Application for Approvals. Consultant shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Consultant shall furnish and process all architectural and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.
4.6 Color and Other Aesthetic Issues. Consultant shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.
5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.
During the final working drawings and specifications phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
5.1 Final Working Drawings and Specifications. Once City provides Consultant with specific written approval of the Design Development Documents described herein, Consultant shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession. Consultant will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built 257
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drawings and provide any supplemental information to Consultant which may not be shown on the as-built drawings.
5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Consultant and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Consultant.
5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Consultant, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. Consultant shall bring any such conflicts and/or inconsistencies to the attention of City. The Parties agree that Consultant, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.
However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.
5.4 Costs of Construction. It is understood by Consultant that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Consultant’s fees. Should it become evident that the total construction cost will exceed the specified sum, Consultant shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.
5.5 Copies of Final Working Drawings and Specifications and Other Documents.
Consultant, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
6. CONSTRUCTION CONTRACT DOCUMENTS.
During the construction contract documents phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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BB&K (2023) Exhibit A-9
6.1 Bid and Contract Documents. If so required by City, Consultant shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), `Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.
6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Consultant shall provide City with its final estimate of probable construction cost (“Consultant’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Consultant’s duty to design the Project within budget.
7. BID PHASE.
During the bid phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
7.1 Reproducible Construction Documents. Once City provides Consultant with specific written approval of the Construction Documents and Consultant’s Final Estimate, Consultant shall provide to City one set of reproducible Construction Documents.
7.2 Distribution of Contract Documents and Review of Bids. Consultant shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.
7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Consultant’s Final Estimate by more than five percent (5%), City may request Consultant to amend, at Consultant’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Consultant’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Consultant’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.
8. CONSTRUCTION PHASE.
During the construction phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
8.1 Observation. The Project Consultant shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Consultant.
8.2 General Administration. Consultant shall provide general administration of the Construction Documents and the work performed by the contractors.
8.3 Pre-Construction Meeting. Consultant shall conduct one or more pre- construction meetings, as the City determines is needed for the Project, with all interested Parties. 259
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BB&K (2023) Exhibit A-10
8.4 Site Visits of Contractor’s Work. Consultant shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.
8.5 Site Visits of Inspector’s Work. Consultant shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Consultant and City. Consultant shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.
8.6 Coordination of Subconsultants. Consultant shall cause all architects, engineers and other consultants, as may be hired by Consultant or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.
8.7 Reports. Consultant shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.
8.8 Construction Meetings; Minutes. Consultant shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.
8.9 Written Reports. Consultant shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.
8.10 Written Records. Consultant shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.
8.11 Material and Test Reports. Consultant shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Consultant shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.
8.12 Review and Response to Submissions. Consultant shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Consultant’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.13 Rejection of Work. Consultant shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Consultant shall immediately notify the City and contractor(s) of such rejections. Consultant shall also have the authority to 260
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BB&K (2023) Exhibit A-11
recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.
8.14 Substitutions. Consultant shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Consultant’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.15 Revised Documents and Drawings. Consultant shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.
8.16 Change Requests and Material Changes. Consultant shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Consultant shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.
If the City has not hired a construction manager or other person to do so, the Consultant shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Consultant shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Consultant’s approval, or submit them to the City with recommendations for revision or denial if necessary. Consultant shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Consultant may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.
8.17 Applications for Payment. Consultant shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.
8.18 Final Color and Product Selection. Consultant shall coordinate final color and product selection with City’s original design concept.
8.19 Substantial Completion. Consultant shall determine the date of substantial completion, in consultation with the City.
8.20 Punch List. After determining that the Project is substantially complete, Consultant shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Consultant shall notify contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Consultant shall also notify City of all Punch List Items.
8.21 Warranties. Consultant shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Consultant shall coordinate and provide these materials to the City.
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BB&K (2023) Exhibit A-12
8.22 Certificate of Completion. Consultant shall participate in any further inspections of the Project necessary to issue Consultant’s Certificate of Completion and final certificate for payment.
8.23 Documents for Project Close-Out. Consultant shall cause all other architects, engineers and other consultants, as may be hired by Consultant, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.
Consultant shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.
9. AS-BUILT DRAWINGS.
During the as-built drawings phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Consultant shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Consultant shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Consultant by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.
9.2 Approval. Once City provides Consultant with specific written approval of the As- Built Drawings and Specifications, Consultant shall forward to City the complete set of original As-Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.
9.3 Documents for Final Payment. Prior to the receipt of Consultant’s final payment, Consultant shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Consultant’s Certificate of Completion.
10. WARRANTY PERIOD.
During the warranty period phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
10.1 Advice. Consultant shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. 262
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BB&K (2023) Ex. B - 1
EXHIBIT “B”
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
CITY OF ONTARIO ON-CALL
2024-2027
FEHR & PEERS HOURLY BILLING RATES
CLASSIFICATION HOURLY RATE
Principal $255.00 - $410.00
Senior Associate $220.00 - $325.00
Associate $190.00 - $290.00
Senior Engineer/Planner $165.00 - $250.00
Engineer/Planner $140.00 - $200.00
Senior Engineering Technician $155.00 - $240.00
Senior Project Accountant $175.00 - $225.00
Senior Project Coordinator $135.00 - $205.00
Project Coordinator $120.00 - $190.00
Technician $135.00 - $185.00
Intern $105.00 - $150.00
2. REIMBURSABLE EXPENSES.
Other direct costs (ODC’s), traffic counts, data purchases and reimbursable expenses are invoiced at cost.
Personal auto mileage is reimbursed at the then current annually adjusted IRS approved rate. (67 cents per mile as of Jan 2024).
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. ADDITIONAL CONSULTANTS.
If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the Consultant’s actual hourly rates plus 10%.
Owner shall have the authority to review and approve the rates of any such consultants. 263
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BB&K (2023) Ex. C - 1
EXHIBIT "C"
SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: DESIGN SERVICES AGREEMENT FOR ON-CALL SERVICES Consultant: Fehr & Peers
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF ONTARIO Fehr & Peers
Dated: Dated:
By: By:
264
Department: Broadband Operations
Prepared By: Judy Witrago
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:
AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TELCON
SERVICES, LLC FOR THE ONTARIONET BROADBAND INTEGRATION TECHNICAL
SERVICE PROJECT
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council approve Amendment No. 1 to the Professional Services Agreement with Telcon Services, LLC of Idaho, for additional broadband design, engineering, project management, and inspection services for the OntarioNet Broadband Integration Technical Service Project and ongoing expansion efforts in the amount of $680,000, plus a contingency in the amount of $180,000, for a revised not-to-exceed total of $2,060,000; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:
The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Broadband/Fiber Fund for broadband design, engineering, project management, and inspection services. The proposed Amendment No. 1 increases the Agreement amount by $680,000 plus a contingency of $180,000, for a revised not-to-exceed total of $2,060,000.
BACKGROUND & ANALYSIS:
On December 7, 2021, a Professional Services Agreement was awarded to Telcon Services, LLC for broadband design, engineering, project management, and inspection services in the amount of $1,200,000 plus a contingency in the amount of $180,000, for a total expenditure of $1,380,000. Telcon Services supports the Broadband Department's Phase 1 Expansion project, approved by the City Council on July 20, 2021, and Broadband's engineering and construction activities throughout other communities within the City.
In the first year of the Agreement, the contract experienced the highest expenditures due to 265
changes in Phase 1 construction routes and issues in sourcing infrastructure materials, affecting the overall design and engineering plans. Consequently, the updated construction plans required extensive engineering work incorporating modifications to broadband fiber routes and material alterations to interconnect broadband fiber infrastructure.
Additionally, Telcon Services, LLC supported ongoing Broadband built-out activities in communities outside of the Phase 1 project area with services to support the connectivity between projects and build-out areas. The unforeseen expenses associated with project planning, design analysis, and engineering architecture within the various project areas elevated the use of Telcon Services, including the addition on necessary fiber splicing work.
Amendment No. 1 will provide funding to support the completion of Phase 1 Expansion design, engineering, project management and inspection services, fiber splicing, and additional work related to fiber build-out in other City areas.
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BB&K 2020
Thousand Dollars ($1,880,000) written approval of the City Council or City Manager, as applicable. Extra Work may be authorize d, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."
3.2 Continuing Effect of Agreement. Except as ame nded by this Amendment No. 1, all other provisions of the Agreement remain in full fo rce 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 s hall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto ir revocably stipulate and agree that they have each received adequate and independent conside ration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendmen t No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jur isdiction, the remaining provisions shall continue in full force and effect.
3.5 Integration. This Amendment represents the en tirety of the Parties’ understanding relating to the subject of this Amendment, includin g written or verbal communications between the Parties, which shall have no relevance unless expre ssly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF ONTARIO
AND TELCON SERVICES, LLC
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.
CITY OF ONTARIO TELCON SERVICES, LLC
By:
Its:
Printed Name:
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
269
Department: Fire Department
Prepared By: Janny Phan
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:
AUTHORIZE THE PURCHASE OF HAZARDOUS MATERIALS RESPONSE TRAINING
PROPS WITH ADVANCED ENTERTAINMENT TECHNOLOGY FOR THE ONTARIO
FIRE DEPARTMENT HAZMAT TEAM
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager or designee to execute the purchase of Hazardous Materials Response Training Props from Advanced Entertainment Technology, of Monrovia, CA, in the amount of $451,465.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
FISCAL IMPACT:
The Fiscal Year 2023- 24 Adopted Operating Budget includes appropriations in the General Fund and Grants Fund for the purchase of Hazardous Materials Response Training Props in the amount of $451,465.
BACKGROUND & ANALYSIS:
The Ontario Fire Department is dedicated to providing an exceptionally high level of customer service, a direct result of consistent high-quality training of its personnel. This commitment to training has been instrumental in making the Department's Hazardous Materials Response Team (HMRT) one of the most competent and capable teams in the State. Currently, the HMRT operates as a Type 1 Resource in California, which consists of personnel who are certified through training and equipped to handle all types of hazardous material incidents identified by the California Governor's Office of Emergency Services. Due to the age and condition of the current hazardous materials training props from years of training and outdated valve assembly simulation, it is necessary to purchase new props to replace the current and position the Team for successful training with current industry standards.
The purchase of these new props will create enhanced training opportunities that will better prepare the Ontario Fire Department's HMRT to mitigate incidents in the City and region.
Specifically, these new props will allow personnel to apply tools and techniques to mitigate issues associated with the industry-wide shift in modern valve assembly on rail cars, highway tankers, and plumbing in fixed facilities. Additionally, these new props will be equipped with the ability to stage various leaks created with water and pressurized air to simulate liquid or vapor releases. Through these props, the Fire Departments HMRT will be able to continue to train and prepare for 270
hazardous materials related incidents in the City.
In February 2024, the City solicited proposals on PlanetBids for a hazardous materials response training props and notified 536 potential bidders. One proposal was received from Advanced Entertainment Technology of Monrovia, CA. After reviewing the proposal and assessing the bidders previous project history, Staff recommends purchasing the Hazardous Materials Response Training Props from Advanced Entertainment Technology in the amount of $451,465. 271
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(BB&K 2023) - 1 - Goods and Services Agreement
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B”Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Advanced Entertainment Tec hnology DBA Tru - Roll, a Corporation with its principal place of business at 735 Los Angeles Avenue, Monrovia, CA 91016 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. Vendor desires to perform and assume responsibility for the provision of certain services and goods required by the City on the terms and conditions set forth in this Agreement.
Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.
B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.
TERMS
1. SCOPE OF SERVICES.
1.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Purchase and Delivery of Hazmat Props services (“Services”)which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
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(BB&K 2023) - 2 - Goods and Services Agreement
2. TERM.
2.1 The term of this Agreement shall be from April 2, 2024 to April 1, 2025, unless earlier terminated as provided herein. Vendor shall provide all Goods and complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.
3. FEES AND PAYMENTS.
3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred and Fifty One Thousand and Four Hundred and Sixty Five dollars ($451,465) without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Payment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.
3.3 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.
3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
4. RESPONSIBILITIES OF VENDOR.
4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 273
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(BB&K 2023) - 3 - Goods and Services Agreement
4.2 Schedule of Services.
4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “A”attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.
4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this Section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Agreement.
4.2.3 Should a Force Majeure Event 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. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Vendor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.3 Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.
4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.
4.5 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
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4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re-employed to perform any of the Services provided under this Agreement.
4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
4.8 Reserved.
4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.
4.10 Laws and Regulations; Employee/Labor Certifications. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity 275
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of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor. Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections.
4.10.2 Employment Eligibility; Subcontractors, and Consultants. To the same extent and under the same conditions as Vendor, Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.
4.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4.10.1 or 4.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.
4.10.4 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
4.10.5 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or 276
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applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. Vendor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
4.10.6 Air Quality. Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
4.10.7 Water Quality.
4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
4.10.7.2 Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s non- compliance with the laws, regulations and policies described in this Section, unless such non- compliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.
4.10.7.3 Training. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph. 277
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5. PROJECT MANAGEMENT
5.1 City’s Representative. The City hereby designates Ryan Williams, Fire Battalion Chief, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
5.2 Vendor’s Representative. Vendor hereby designates David MacMurtry, President or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.
6. INSURANCE.
6.1 Time for Compliance. Vendor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
6.2 Minimum Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
6.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
6.2.2 Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
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6.2.3 Manufacturer of Goods. If Vendor is also the manufacturer of any equipment included in the Goods, Vendor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
6.2.4 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.
6.2.5 Additional Insured. The City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
6.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
6.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.
6.3.2 Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled 279
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underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section
6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.2.
6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.
6.3.4 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
6.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
Requirement of specific coverage or minimum 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. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
6.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
6.6 Subcontractor Insurance Requirements. Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
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6.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
6.8 Verification of Coverage. Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
6.9 Reporting of Claims. Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.
7. INDEMNIFICATION.
7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.
7.2 Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.
In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
8. CALIFORNIA LABOR CODE
8.1 Prevailing Wages. Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and 281
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the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and If the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
8.2 Registration. 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 Vendor and all subcontractors must be registered with the Department of Industrial Relations.
Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. 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.
8.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of Services, including any delay, shall be Vendor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor 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 Vendor or any subcontractor.
9. SAFETY.
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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10. ACCOUNTING RECORDS.
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
11. TERMINATION OF AGREEMENT.
11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods, Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause.
The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
11.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of the Services under this Agreement. Vendor shall be required to provide such document and other information within fifteen (15) days of the request.
11.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, goods and services similar to those terminated.
12. GENERAL PROVISIONS.
12.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Vendor:
Advanced Entertainment Technology DBA Tru-Roll
735 Los Angeles Avenue
Monrovia, CA 91016
Attn: David MacMurtry, President
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City:
City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Eric Munoz, Ontario Fire Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
12.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
12.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Vendor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.
12.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
12.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.
12.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
12.7 Assignment or Transfer. Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
12.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of 284
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Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
12.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
12.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
12.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section
12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
12.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
12.13 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.
12.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
12.15 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
12.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 285
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SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO
AND ADVANCED ENTERTAINMENT TECHNOLOGY DBA TRU-ROLL
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.
CITY OF ONTARIO ADVANCED ENTERTAINMENT
TECHNOLOGY DBA TRU-ROLL
By:
Its:
Printed Name:
By:
Its:
Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
Assistant City Clerk
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(BB&K 2023) Exhibit A-1 Goods and Services Agreement
EXHIBIT “A”
SCOPE OF SERVICES
The purchase and delivery of hazardous materials response props for the Ontario Fire Department’s Hazmat Team.
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Department: Broadband Operations
Prepared By: Judy Witrago
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:
AN AMENDMENT TO THE INTERNET SERVICE ORDER WITH CENTURYLINK
COMMUNICATIONS, LLC FOR INTERNET SERVICE UPGRADES
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Internet Service Order, with CenturyLink Communications, LLC d/b/a Lumen Technologies Group, of Louisiana, to upgrade internet backhaul bandwidth services from 1Gbps to 10Gbps for the OntarioNet network in the amount of $332,559 plus a 15% contingency of $49,884, for a total not-to-exceed contract amount of $382,443, including expenditures of $35,019 within the current term.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:
The initial 36-month Internet Service Order and Master Services Agreement were executed under the City Manager's authorization limits in the amount of $144,000, not including telecommunication taxes and surcharges. Proposed Amendment No. 1 will take effect at the 7- month mark of the 36-month term. The proposed Amendment increases the authorized contract amount of $144,000 to $332,559 plus a 15% contingency of $49,884, for a new total not-to-exceed contract amount of $382,443
. The Fiscal Year 2023-2024 Adopted Budget includes appropriations in the Broadband/Fiber Fund for telecommunications services.
BACKGROUND & ANALYSIS:
When originally purchased in 2023, services were within the City Manager's authorization limits. After a network assessment and review of future forecasting, it was determined that additional bandwidth is required to sustain the level of services for OntarioNet operations. Increasing bandwidth services to support the growth of the network is paramount to the continued evolution of OntarioNet as a premier service to the community.
The current 1Gbps rate is $4,000 per month, plus telecommunication taxes and surcharges, for a total monthly rate of $5,775. Month one was prorated at the amount of $6,144, months two through six were billed at the total monthly rate of $5,775, for a total of $35,019. To meet the present service demands, bandwidth speeds will be increased to 10Gbps, at the new monthly rate of $7,200, plus telecommunication taxes and surcharges, for a new total monthly rate of $10,260, or $297,540 for the remaining 29 months. Including the contingency of $49,884, the new total not- 289
to-exceed contract amount is $382,443.
Internet backhaul service is a critical component of OntarioNet operations and services to the community. Backhaul service is a fiber-based link that connects to OntarioNet's core (or backbone) network and last-mile (or access/home) edge subnetwork before users can access the internet by accessing the subnetwork. Its role is to increase the expanse of network coverage.
Services provided by CenturyLink Communications, LLC d/b/a Lumen Technologies Group are part of a collection of backhaul services that power the OntarioNet network for resiliency and reliability.
Having multiple service providers with spatial (route) diversity allows OntarioNet to deliver services in a carrier-grade professional manner. By augmenting backhaul capacity with CenturyLink Communications, LLC, services will align with forthcoming modifications to OntarioNet operations and the completion of its Phase 1 Expansion, approved by the City Council on July 20, 2021. 290
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Customer Information and Contract Specifications
Customer Name: City of Ontario
Account Number: 2-PJLK9F
Currency: USD Monthly Recurring Charges (MRC): $4,000.00
Non Recurring Charges (NRC): 0
Service Order
Service Address Description Order
Type
Term
(Months)
Qty Unit MRC Unit NRC Total MRC Total NRC
4000 ONTARIO CENTER
PKWY ONTARIO
CALIFORNIA 91764
UNITED STATES
HSIP Service
Related Packages
Wavelength - IOC
New 36 1 $740.00 $0.00 $740.00 $0.00
- Peak Data Rate = 1000 Mbps
- Routing Type = Standard Full
Routes
- Billing Type = Flat Rate
- Service Role = Primary
Subtotal $740.00 $0.00
4000 ONTARIO CENTER
PKWY ONTARIO
CALIFORNIA 91764
UNITED STATES
Wavelength - IOC New 36 1 $3,260.00 $0.00 $3,260.00 $0.00 - Standard Delivery - To the
MPoE (Customer Provided)
- Bandwidth = 100GIG-E
- Protection = Unprotected
- Latency Guarantee Level =
None
- Circuit Diversity Required =
No
- Custom Route = No
A-Side Access 1 $0.00 $0.00 $0.00 $0.00
Z-Side Access 1 $0.00 $0.00 $0.00 $0.00
IP Port 1 $0.00 $0.00 $0.00 $0.00
Subtotal $3,260.00 $0.00
Totals $4,000.00 $0.00
*If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a data center in the Description column.
SLED Terms and Conditions Governing This Order
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1. "Lumen" is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under this Order. This Order is subject to the applicable state or municipal public records laws governing Customer and is non-binding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90 calendar days from the date indicated unless otherwise specified.
2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors or increased construction costs. Customer has 5 business days following notice to terminate this Order without liability; or otherwise, Customer is deemed to accept the increase.
3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be Lumen's Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third parties, Lumen is not liable for such services.
4. The service(s) identified in this Order (the “Service(s)”) is/are subject to the current, unexpired services agreement between Customer and Lumen ("Existing Agreement") provided that, if a service attachment describing the Services is not included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement, then the current applicable Lumen Master Service Agreement(s), State, Local and Education Government Agencies Version, Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a “Lumen MSA”), and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available upon request.
Customer will accept and pay all charges indicated on invoices for the Services.
Notwithstanding anything in any Existing Agreement to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice that the Service is installed (a “Connection Notice”), at which time billing will commence. At the expiration of the Service Term, Service will continue month-to-month at the existing rates, subject to adjustment by Lumen on 30 days’ written notice. If the Existing Agreement governs and does not include early termination charges and if Customer cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen terminates due to Customer’s uncured default, then Customer will pay Lumen’s standard early termination liability charges as identified in the Ancillary Fee Schedule at: http://www.lumen.com/ancillary-fees.
5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service.
6. All transport services ordered from Lumen will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) in a format as required by Lumen, but only where the transport services are sold on a stand-alone basis, the end point's for the service are located in the same state and neither end point is a Lumen provided IP port ("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to Lumen that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of the state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this Order.
7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee 292
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per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit http://www.lumen.com/taxes.
8. Customer will pay Lumen's standard: (a) expedite charges (added to the NRC) if Customer requests a delivery date inside Lumen's standard interval duration (available upon request or in Control Center at https://www.centurylink.com/business/login/) and (b) unless otherwise set forth in a Service Attachment, the ancillary charges for additional activities, features or options as set forth in the Ancillary Fee Schedule, available at http://www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen may begin charging Customer and Customer will pay such charges.
9. For certain services, equipment provided by Lumen to be located in Customer's premises ("CPE") is subject to the terms of the Customer Premise Equipment Addendum. A copy of the CPE Addendum and a list of services to which it applies is available upon request. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations, and cross connect services are subject to whether facilities are available at the particular location to complete the connection.
10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative purchases of Services by Customer.
11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the Service(s) to be provided under this Order, Customer’s Service(s) will be governed by a current eligible Existing Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed contemporaneously with this Order.
12. If your network service utilizes TDM technologies, then the following apply: (a) During the Service Term and on 60 days’ prior written notice, Lumen may re-provision Customer’s off-net TDM services (“Service Re-provision”). If Customer objects to the Service Re-provision, Customer may terminate the affected service by notifying Lumen in writing within 30 days of the date of the Service Re-provision notification; and (b) During the Service Term, Lumen may increase rates for off-net TDM services. Lumen will provide Customer 60 days’ prior written notice before implementing the increase ("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of the Rerate Notice whether Customer will (i) receive the affected service on a month-to-month basis or (ii) terminate the affected service, subject to early termination liability charges. Under subsection (ii), Customer’s requested disconnect date must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected service will continue to be provided at the increased rates.
Additional Order Terms
Invoices
Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s invoice by location served.
Activation Support
If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring equipment on Customer’s side of the Demarcation Point (“Activation Support”).
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Signature Block
Customer: City of Ontario
Total MRC: $4,000.00
Total NRC: 0
Signature:
{{_es_signer_signature }} Name: {{_es_signer_fullname }} Title: {{_es_signer_title }} Date: {{_es_signer_date }} Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement.
Document Generation Date: 03-01-2023
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Department: Community Improvement
Prepared By: Douglas J Sorel
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:
A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. FOR EMERGENCY ON-CALL BOARD UPS AND ABATEMENT
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize Change Order No. 1 to the construction agreement with SLS Property Solutions, Inc. of Santa Ana, CA for emergency on-call board ups and abatements, increasing the not-to-exceed amount to $150,000 per fiscal year and the total not-to- exceed amount to $400,000 for the initial term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within the authorization limits.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
The Fiscal Year 2023-24 Current Budget includes appropriations in the General Fund and Housing Authority Fund for emergency on-call board ups and abatements. Proposed Change Order No. 1 increases the not-to-exceed amount from $100,000 to $150,000 for Fiscal Years 2023-24 and 2024-25 and the total-not-to-exceed agreement amount from $300,000 to $400,000.
BACKGROUND & ANALYSIS:
On June 21, 2022, the City Council approved a Construction Agreement with SLS Property Services, Inc. of Santa Ana, CA, to perform emergency board up services and abatements. Various City Departments utilize their services to board-up public and private buildings damaged by fire, burglary, vandalism, and other causes, and to abate nuisance conditions on vacant lots identified through the Weed Abatement Program. Proposed Change Order No. 1 addresses an increase in demand for both board-up services and vacant lot abatement by increasing the not-to-exceed amount of the Agreement from $100,000 to $150,000 for Fiscal Years 2023-24 and 2024-25, and increases the total not-to-exceed amount from $300,000 to $400,000.
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In consideration of the change(s) describe above, the Contract Time is adjusted as follows:
The Contract Time will be: increased D decreased � unchanged D by __ 0_Days
The Contract Time prior to this Change Order was
_3 __ Fiscal Years
The new Contract Time including this Change Order will be _3 __ Fiscal Years
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitutes the entire compensation and/or adjustment thereto due to Contractor, including direct, indirect, consequential, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the Work covered by this Change Order. By signing this Change Order, Contractor agrees to accept the amount of the adjustment to the Contract Price, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the Work covered by this Change Order.
Accepted:
Sarah L Strader, President Date
Approved:
Scott Murphy, Executive Director Community Development Date Approved:
Scott Ochoa, City Manager Date
316
Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:
AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GHD INC.
FOR THE DESIGN OF UT1019 WELL 50 TREATMENT FACILITY PROJECT
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to Professional Services Agreement with GHD Inc., of Irvine, California, for professional design services of UT1019 Well No. 50 Treatment Facility Project in the amount of $82,908, plus a 15% contingency of $12,436, for a total amount of $95,344 for a new total not-to- exceed amount of $494,654, and a term from June 7, 2022 to June 6, 2025.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
Proposed Amendment No. 1 to GHD Inc. is for $82,908, plus a 15% contingency of $12,436, for a total amount of $95,344, and a new total not-to-exceed amount of $494,654. The Fiscal Year 2023-24 Adopted Capital Improvement Budget includes appropriations from the New Model Colony (NMC) Regional Water Development Impact Fee (DIF) Fund (DIF Project No. WT08 and Capital Improvement Program No. WA1907) for this project. There is no impact on the General Fund.
BACKGROUND & ANALYSIS:
The City’s water system includes 17 active wells that provide 65% of the City’s potable water supply. The Water Master Plan has identified wellhead treatment as a viable long-term solution to maximize the use of Ontario’s local groundwater resources and address water quality changes over time.
Well No. 50 is currently an inactive well and has a perchlorate concentration approaching the Maximum Contaminant Level (MCL) set by the State Division of Drinking Water. Water from Well No. 50 will be needed in the near future to meet the growing potable water demand in Ontario Ranch. Although the level of perchlorate does not currently exceed the State MCL, treatment of 317
Well No. 50 water prior to putting the water into the distribution system would help ensure this water supply as a long-term source. A Preliminary Design Report (PDR) was completed in October 2020 by GHD Inc. and recommended a treatment process that consists of an ion exchange treatment facility for Well No. 50, including an on-site sodium hypochlorite generation system, mechanical piping, electrical, and instrumentation.
A location map is provided for reference (Exhibit A).
On June 7, 2022, the City entered into a Professional Services Agreement with GHD Inc. to provide design services recommended in the PDR. The scope of the design services for the Well No. 50 Treatment Facility included new treatment equipment, reconfiguring existing electrical instrumentation and control systems, site work and piping, water treatment operations plan, water transmission main improvements, final design, and a complete bid package set of plans and specifications for construction and bid support services.
During the course of design, GHD Inc., determined that the existing controls and communication equipment should be updated to reflect the current standards utilized at other newer water production facilities. Additionally, to maintain consistency with the recently completed Well 37 and 39 Treatment Facility Project, the site layout also needs to be modified in order to conform to the configuration of the new equipment. Proposed Amendment No. 1 will add the additional scope of work that was not included in the original Agreement but deemed necessary to reflect current industry standards and availability of new equipment.
GHD Inc. is recommended to provide these services based on their knowledge of the project scope and ensure consistency in the project design.
ENVIRONMENTAL REVIEW:
The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from CEQA pursuant to Title 14 CCR Section 15301, which states that operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of Class 1 “Existing Facilities” are exempt from the requirements of CEQA. Thus, no further CEQA analysis is required.
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Location Map
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C T y 0 F 0 N TA R 0
303 £AST B STREET I ONTARIO, CALIFORNIA 91764 (909) 395-2000 FAX i909) 395-2070 On!orioCAgov PAULS. LEON
MAYOR
DEBRA PORADA
MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN
RUBEN VALENCIA
COUNCIL MEMBERS
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
GHD, INC.
1. Parties and Date.
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
TREASURER
SCOTT OCHOA
CITY MANAGER
This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of _____ , by and between the City of Ontario ("City") and GHD, INC., a California Corporation, "Consultant". City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled "Professional Services Agreement" dated June 7th, 2022 ("Agreement").
2.2 Amendment Purpose. The City and Consultant desire to amend this Agreement to increase the compensation by Eighty-Two Thousand, Nine Hundred and Eight Dollars ($82,908) for a total-not-to-exceed compensation of Four Hundred Eighty-Two Thousand, Two Hundred and Eighteen Dollars ($482,218) and include additional project specific proposal to the Exhibit A through Exhibit B. This increase in compensation is for the additional scope of work listed in the attached Consultants' Proposal titled "Professional Services for the City of Ontario Project No. UT1019, Well No. 50 Treatment Facility Additional Work Budget Amendment Electrical/Controls and Mechanical Design Change of Scope" and dated January 11, 2024.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section
3.2.4 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.2.1, Exhibit A through Exhibit B of the Agreement is hereby amended in its entirety to read as follows:
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Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH DPIF3 CA 36 ONTARIO RANCH, LLC REGARDING COMMUNITY FACILITIES DISTRICT FORMATION FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-31 AND FEE IN-LIEU
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council consider and:
A
.
Adopt a Resolution Approving an Agreement regarding Community Facilities District Formation for Assessor Parcel Number (LD Parcel 1) 0218-211-31 and Fee In-Lieu (the “Agreement”) between the City of Ontario and DPIF3 CA
36 Ontario Ranch, LLC (the
“Developer”); and
B
.
Authorize the City Manager or his designee to finalize, execute, and record said Agreement.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:
The Agreement will allow the City to collect $264,300 from the Developer in-lieu of the levy of the CFD special taxes for Fiscal Year 2023-24 since the formation of a community facilities district was not formed by the deadline to place the levy on the annual tax roll for Fiscal Year 2023-24. The special tax revenues will be included in the Fiscal Year 2023-24 next quarterly budget update to pay for administrative fees and municipal services. The net fiscal impact to the General Fund is revenue of approximately $244,000 to pay for City-provided services.
BACKGROUND & ANALYSIS:
On June 1, 2021, the City and Rich Haven Marketplace, LLC, entered into that certain Development Agreement (File No. PDA20-002) (the “Development Agreement”).
Pursuant to Section 5.1 of the Development Agreement, the Developer must form a community facilities district (the “CFD”) which consists of the Property, pursuant to the Mello-Roos Community Facilities Act of 1982 (commencing with Government Code Section 53311) prior to recordation of 328
any parcel map and issuance of building permits. The Developer has requested to initiate the formation of the CFD for that purpose; however, such formation was not completed in time to place the levy of special taxes for the Property on the County tax rolls for Fiscal Year 2023-24.
The City and Developer desire to enter into this Agreement, which requires that the Developer pay the City an amount equal to what otherwise would have been the special tax levy amount on permitted parcels in the CFD for the Fiscal Year 2023-24 levy period, since the CFD was not formed by August 1, 2023.
A CFD formation schedule has been created to establish the CFD to place future special tax levies on the County's property tax bill.
The attached Resolution approves the Agreement and authorizes its execution and recordation by the City Manager or his designee.
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN
AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT
FORMATION FOR ASSESSOR PARCEL NUMBERS (LD PARCEL 1) 0218- 211-31 AND (LD PARCEL 2) 0218-211-30 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND DPIF3 CA ONTARIO RANCH, LLC.
WHEREAS, On June 1, 2021, the City of Ontario (the “City”) and Rich Haven Marketplace, LLC, entered into that certain Development Agreement (File No.
PDA20-002) (the “Development Agreement”) relating to the development of Assessor Parcel Numbers (LD Parcel 1) 0218-211-31 and (LD Parcel 2) 0218-211-30 (the “Property”); and
WHEREAS, pursuant to Section 5.1 of the Development Agreement, the Developer has agreed to form a community facilities district which shall be comprised of the Property, pursuant to the Mello-Roos Community Facilities Act of 1982 (commencing with Government Code Section 53311) prior to recordation of any parcel map and issuance of building permits related to the Property; and WHEREAS, the Developer has applied to the City for the formation of a Mello-Roos community facilities district (the “CFD”) which will include the Property, for the purpose of financing ongoing operations and maintenance services; and WHEREAS, the Developer wishes to form the CFD but was unable to do so by the August 10, 2023 County of San Bernardino deadline to place the levy of the CFD special taxes on the tax assessment rolls for fiscal year 2023-24; and WHEREAS, because the CFD has not yet been formed, the City and the Developer now desire to enter into an Agreement for the payment by Developer of an amount in-lieu of the levy of the CFD special taxes for fiscal year 2023-24 and, should the CFD not be formed by August 1, 2024, an amount in-lieu of the levy of the CFD special taxes for fiscal year 2024-25, the form of which is attached hereto as Exhibit “A” (the “Agreement”).
NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Ontario, California, as follows:
SECTION 1. Recitals. The above recitals are true and correct and the City Council of the City (the “City Council”) so finds and determines.
SECTION 2. Approval of Agreement. The Agreement is hereby approved by the City Council in substantially the form presented at this meeting, and attached hereto as Exhibit A, with such insertions, omissions and changes as shall be approved by the City Manager, Assistant City Manager, or either of their designees (the “Authorized Officers”), the execution of the Agreement being conclusive evidence of such approval.
The execution, delivery and recording of the Agreement is hereby confirmed and ratified. 330
The Authorized Officers are hereby directed and authorized to execute and to cause the Agreement to be recorded in the official records of the County of San Bernardino, and to take all other necessary actions to effectuate the transaction contemplated by this Resolution.
SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 2nd day of April 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
331
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held April 2, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held April 2, 2024. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
332
EXHIBIT A
AGREEMENT
[attached]
333
334
335
336
337
338
339
340
341
Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry Noh
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:
AN ORDINANCE APPROVING FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT FOR A 1.22-ACRE PARCEL OF LAND LOCATED AT 218 EAST D STREET; SUBMITTED BY EUCLID INVESTMENT GROUP, LLC.
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council consider and adopt an Ordinance Approving File No.
PUD23-002, the Downtown Ontario Luxury Apartments (Phase II) Planned Unit Development, establishing development standards and design guidelines to facilitate a multiple-family residential development at 218 East D Street.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:
There is not a direct fiscal impact associated with this action. Implementation of the Planned Unit Development would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impacts fees.
BACKGROUND & ANALYSIS:
On March 19, 2024, the City Council introduced and waived further reading of an Ordinance Approving the Planned Unit Development. On July 14, 2023, Euclid Investment Group, LLC., filed a Planned Unit Development ("PUD") application, File No. PUD23-002, in conjunction with a Development Plan, File No. PDEV23-017, to facilitate the construction and operation of 69 multiple-family residential units.
The Project site is comprised of 1.22 acres of land located on the south side of D Street, west of Plum Avenue, and east of Lemon Avenue at 218 East D Street. The site is within the MU-1 (Downtown Mixed Use) zoning district and is presently improved with a paved public parking lot.
The property south across the public alley is within the Civic (Civ) zoning district and is developed with the Ovitt Family Community Library. The property to the north is within the OL (Office Light) and MDR-18 (Medium Density Residential) zoning districts and is developed with a mixture of commercial and residential land uses. The property to the east is within the MU-1 (Mixed Use 342
Downtown) zoning district and is developed with the University of La Verne. The properties to the west are within the MU-1 (Mixed Use Downtown) zoning district and are developed with a public parking structure and the Downtown Ontario Luxury Apartments (Phase I), which is currently under construction.
The Policy Plan (General Plan) of The Ontario Plan (TOP) specifies that the development of the Downtown Mixed-Use area is to be implemented through the approval of an Area Plan or PUD prior to the development of the properties. In compliance with this requirement, the Applicant has submitted the Downtown Ontario Luxury Apartments PUD (included as Attachment A to the Ordinance), which is consistent with the vision, goals, and policies of the Policy Plan. A PUD is comparable to a Specific Plan in that it establishes development regulations that are unique to a specific area. However, unlike a Specific Plan, a Planned Unit Development is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.
PLANNED UNIT DEVELOPMENT:
Key components of the PUD include the following:
Land Use and Development Regulations
— The MU-1 (Downtown Mixed Use) zoning district
allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the PUD allows for residential development of 30 to 91 dwelling units, with a maximum building height of 40 feet (3 stories) and up to 55 feet for architectural projections.
Landscaping
— The landscaping concept is centered around the use of sustainable and low water use plant materials. As an example, varying species of evergreen and deciduous trees with interest in form and foliage color may be integrated into the landscape design. Pattern and planting should accentuate the common open space areas and create a visible connection to pedestrian pathways and sidewalks. The PUD also requires the landscaping and irrigation be drought tolerant and meet the current Water Use Classifications of Landscape Species requirements.
Parking and Circulation
— In order to achieve the preferred density, the PUD encourages podium style residential development above ground floor structured parking for residents and guests.
Access to Mass Transit
— An existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT), which is starting construction. A stop is planned for Holt Boulevard between Lemon and Plum Avenues.
Architectural Character
— The PUD includes architectural design guidelines specific to the downtown location and residential building type and establishes the following design principles:
• Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material; • New buildings should appear to fit in contextually with existing historic buildings by using similar 343
proportions, articulation, building details and building material; • The overall character should feel like a modern interpretation of a traditional American small town; and
• Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged. As this is Phase 2 of the Downtown Ontario Luxury Apartments PUD, the architecture will utilize many of the similar/compatible elements and colors to those planned for Phase 1.
HOUSING ELEMENT COMPLIANCE:
The Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan as the Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.
AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE:
The California State
Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP.
ENVIRONMENTAL REVIEW:
The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-fill Development Projects) of the CEQA Guidelines, and meets all the following conditions:
• The proposed Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (General Plan) Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1 (Downtown Mixed Use) zoning district and the related proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac. 344
• The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 1.22-acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, civic, retail, and commercial land uses.
• The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area, is devoid of any flora or fauna, is regularly used for passenger vehicle parking by library/City Hall patrons, retail customers, and neighboring residents, and, as such, is not suitable habitat for any endangered, rare, or threatened species. • Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other allowed uses and development projects within the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the GHG and Traffic analysis, noise and parking studies, Arborist Report, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project. • The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and • The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2.
PLANNING COMMISSION REVIEW:
On February 27, 2024, the Planning Commission conducted a public hearing to consider the Project and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission voted 6-0
to approve Resolution
PC24-007
, recommending that the City Council approve the PUD. At the same meeting, the Planning Commission approved the related Development Plan, contingent upon City Council approval of the PUD.
345
ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-002, A PLANNED UNIT
DEVELOPMENT TO ESTABLISH DEVELOPMENT STANDARDS AND
DESIGN GUIDELINES FOR THE PROJECT SITE, LOCATED AT 218
EAST D STREET WITHIN THE MU-1 (MIXED USE DOWNTOWN)
ZONING DISRICT AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14.
WHEREAS, Euclid Investment Group, LLC. ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD23-002, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 1.22 acres of land located on the south side of D street, west of Plum Avenue, and east of Lemon Avenue at 218 East D Street, within the MU-1 (Downtown Mixed Use) zoning district, and is presently improved with a paved public parking lot; and
WHEREAS, the property south across the public alley is within the Civic zoning district and is developed with the Ovitt Family Community Library. The property to the north is within the OL (Office Light) and MDR-18 (Medium Density Residential) and is developed with a mixture of commercial and residential land uses. The property to the east is within the MU-1 (Mixed Use Downtown) and developed with the University of La Verne. The properties to the west are within the MU-1 (Mixed Use Downtown) zoning district and are developed with C Street public parking structure and the Downtown Ontario Luxury Apartments (Phase I) which is currently under construction; and WHEREAS, an existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT); and
WHEREAS, the MU-1 (Mixed Use Downtown) zoning district allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the Downtown Ontario Luxury Apartments (Phase II) PUD allows for residential development of 19 to 59 dwelling units, with a maximum building height of 40 feet (3 stories) and up to 55 feet for architectural projections; and
WHEREAS, the PUD requires a minimum of 1 resident parking space per bedroom and 0.20 guest parking per dwelling unit; and
WHEREAS, the PUD includes architectural design guidelines, specific to the downtown location, and establishes the following design principles:
346
(a) Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material.
(b) New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.
(c) The overall character should feel like a modern interpretation of a traditional American small town.
(d) Create compatibility between the existing mixed use and commercial architecture and the new residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged; and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 27, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the initial study, Addendum, and the Project, and concluded said hearing on that date, voting to issue Resolution No. PC24-007 recommending the City Council approve the Application; and WHEREAS, on March 19, 2024, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and 347
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:
SECTION 1: Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-fill Development Projects) of the CEQA Guidelines, and meets all the following conditions:
(a) The proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (general plan) Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1 (Downtown Mixed Use) zoning district and the related proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 1.22-acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, civic, retail, and commercial land uses. (c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area, is devoid of any flora or fauna, is regularly used for passenger vehicle parking by neighboring residents, and as such not suitable habitat for any endangered, rare, or threatened species.
(d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other 348
allowed uses and development projects within the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the GHG and Traffic analysis, noise and parking studies, Arborist Report, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project.
(e) The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 2: Airport Land Use Compatibility Plan ("ALUCP") Compliance.
The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
SECTION 3: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 2, above, the City Council hereby concludes as follows:
349
(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
The Project is consistent with Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. Described within the PUD are The Ontario Plan objectives in which the Project complies with the Policy Plan goals and policies.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The PUD has been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The Downtown Ontario Luxury Apartments (Phase II) PUD area is situated in the heart of Ontario’s downtown and is adjacent to residential, commercial, educational, and civic land uses and development. The surrounding development supports the objective of the PUD for residential development. The Project does not affect the harmonious relationship with adjacent properties and land use.
(4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed Downtown Ontario Luxury Apartments (Phase II) PUD, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage. Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities, for the proposed Planned Unit Development and the proposed development. 350
(5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The Downtown Ontario Luxury Apartments (Phase II) PUD will establish minimum building setbacks, parking and open space requirements, allow on-street parking, and establish a planting palette. These standards will facilitate the residential development of 69 apartment units, parking facilities and private and common open space areas. The proposed Downtown Ontario Luxury Apartments (Phase II) PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself.
SECTION 4: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 3, above, the City Council hereby APPROVES the herein described Planned Unit Development, attached hereto as "Attachment A," and incorporated herein by this reference.
SECTION 5: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 7: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 8: Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 9: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. 351
PASSED, APPROVED, AND ADOPTED this 2nd day of April 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
352
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3272 was duly introduced at a regular meeting of the City Council of the City of Ontario held March 19, 2024 and adopted at the regular meeting held April 2, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3272 duly passed and adopted by the Ontario City Council at their regular meeting held April 2, 2024 and that Summaries of the Ordinance were published on March 26, 2024 and April 9, 2024, in the Inland Valley Daily Bulletin newspaper.
__________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
353
ATTACHMENT A:
File No. PUD23-002;
Downtown Ontario Luxury Apartments (Phase II) Planned Unit Development (Document follows this page)
354
Downtown Ontario Luxury Apartments
(Phase II) Planned Unit Development
File No. PUD23-002
Ordinance No.
February 27, 2024
Prepared By:
CASC Engineering & Consulting, Inc.
1470 E. Cooley Drive
Colton, CA 92324
909-783-0101
www.cascinc.com
Prepared For:
Euclid Investment Group, LLC
2100 South State College Blvd.
Anaheim, CA 92806
355
Page | 2DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Unit Development
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Table of Contents
Chapter 1. Introduction 6
Chapter 2. Objectives 8
2.1 The Ontario Plan Objectives 8
2.2 Downtown Ontario Luxury Apartments, Phase II Planned Unit Development Objectives
13 Chapter 3. Land Use 14
3.1 Residential Use 14
3.2 Permitted Uses 14
Chapter 4. Development Regulations 16
4.1 Project Density 16
4.2 Building Height 16
4.3 Building Setbacks 16
4.4 Vehicular Access 16
4.5 On-Street and Off-Street Parking 16
4.6 Common Open Space 17
4.7 Private Open Space 17
4.8 Landscaping 18
4.9 Tree Removal 18
4.10 Infrastructure 19
Chapter 5. Design Guidelines 20
5.1 Building Orientation and Frontages 20
5.2 Architectural Character 20
5.3 Architectural Detail 20
5.4 Materials and Colors 20
5.5 On-Site Lighting 21
5.6 Signage 21
Chapter 6. Administration 22
6.1 Applicability 22
6.2 Planning Applications to Facilitate PUD Implementation 22
6.3 Administrative Exceptions 22
List of Exhibits
Exhibit 1-1: Project Location 7
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Exhibit 2-1: TOP Land Use Plan 9
Exhibit 3-1: Site Plan 15
Exhibit 3-2: Conceptual Grading and Drainage Plan 20
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1. Introduction
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development ( “PUD”) is intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of a 1.19-acre site that consists of six (6) parcels (APNs: 1048-556- 01, -02, -03, -04,-05, -14). The Project site is located south of East D Street, west of Plum Avenue, and east of North Lemon Avenue in the City of Ontario (see Exhibit 1-1: Project Location). This property is situated within the City of Ontario’s Downtown C ivic Center District. The PUD is designed to provide highly functional development standards and design guidelines that work in tandem with The Ontario Plan (TOP) and the Ontario Development Code to facilitate the development of a high -density, m ultiple-family residential project that is compatible with adjacent land uses and the surrounding community character.
The Project site is located within the Ontario Plan Downtown Mixed -Use District, which requires the establishment of a Planned Unit Deve lopment (PUD) prior to development. The PUD fulfills the requirements of a Downtown Mixed-Use District Planned Unit Development (PUD), as set forth in Ontario Development Code Section 4.01.030 (Planned Unit Developments (PUD) and Amendments ). Upon approval, the PUD will replace the existing zone district designations and zoning standards that apply to the affected properties. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply to this PUD.
City staff and private developers shall rely upon this PUD to determine whether precise plans for development ("Development Plans") will adequately meet the City's land use and design objectives. These objectives have been c urated over the past 20+ years to maintain the historic character of Downtown Ontario while simultaneously promoting sustainable and innovative architectural designs that add to the beauty and functionality of this vital part of the City.
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Exhibit 1-1: Project Location
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2. Objectives
2.1 The Ontario Plan Objectives
The Ontario Plan (TOP) Policy Plan (General Plan) designates the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) area as Mixed Use – Downtown (MU-Downtown). Exhibit 2-1:
TOP Land Use Plan identifies the land use designation for the PUD area and surrounding properties. The MU-Downtown land use category accommodates an intensive vertical and horizontal mixture of retail and office uses at a maximum intensity of 2.0 floor-to-area ratio (FAR), and residential uses within a density range of 25.0 to 75.0 dwelling units per acre. Development projects within the MU-Downtown area are intended to maintain a pedestrian friendly atmosphere, while also enhancing the historic character of the area.
In addition to the MU-Downtown designation, the PUD area is also situated within the Civic Center District, which contributes to the unique character of the area. Comprised of notable buildings like City Hall, the Public Library, and the Community Center, the Civic Center District is a defining feature of the community.
The Civic Center has significant outdoor spaces that can be linked with Downtown to create an enjoyable pedestrian experience, showcasing a mix of attractive open spaces and streetscapes combined with interesting shopping and dining options. Together, these elements culminate in a unique and pedestrian- friendly downtown atmosphere. A well-integrated Civic Center can serve as a valuable resource in the revitalization of Downtown.
The PUD aligns with the principles, goals, and policies outlined within The Ontario Plan’s Vision, Governance, Policy Plan, and City Council Goals components. In particular, the proposed Project advances several goals and policies outlined in TOP, which include:
City Council Goals
Invest in the Growth and Evolution of the City’s Economy Maintain the Current High Level of Public Safety
Focus Resources in Ontario's Commercial and Residential Neighborhoods Vision
Dynamic Stability
An appreciation for the “personality and charm” of this community, preserving important characteristics and values even as growth and change occur, all the while retaining a distinctive local feel where people love to be.
Distinctive Development
Commercial and Residential Development. A demonstrated ability to attract housing in pursuit of our acknowledged responsibility to balance housing with the job growth that drives our quality of life. Development Quality. Superior quality and design of the built environment and open spaces through careful attention to detail at every scale, including public and private spaces and structures. 362
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Exhibit 2-1: TOP Land Use Plan
Land Use
Designation
Residential Density &
Non-Residential Intensity Intention
Low-Medium
Density
5.1 to 11.0 dwelling units per
acre
Single/multi-family attached and detached residences, including small lot subdivisions, townhouses, and courtyard homes.
Medium Density 11.1 to 25.0 dwelling units per
acre
Single/multi-family attached and detached residences including townhouses, stacked flats, courtyard homes, and small lot single-family subdivisions.
Mixed Use -
Downtown
25.0 to 75.0 dwelling units per
acre
2.0 FAR for retail and office uses
Envisioned as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere. The historic character is enhanced. The most intensive uses are envisioned along Euclid and Holt Avenues.
Office/Commercial 0.75 FAR
An intense mixture of professional office, supported by regional serving retail, service, tourist-serving, entertainment, dining, and supporting service uses that capitalize on strategic locations in Ontario. This designation als o allows for professional offices such as financial, legal, insurance, medical, and other similar uses in a neighborhood setting and/or as adaptive reuse.
Open Space -
Parkland Not applicable Recreational facilities, such as tot-lots, parks, golf courses, and sports complexes and joint-use facilities with schools, utilities, and drainage facilities.
Public Facility Not applicable Public facilities including civic centers, governmental institutions, police and fire stations, transportation facilities, museums, and public libraries. 363
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Governance
Decision Making
Goal G1 Decision Making: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices. Policy G1-1: Consistency with Policies.We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Plan. Policy G1-2: Consistency with Policies.We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Plan.
Policy Plan (General Plan)
Land Use Element
Goal LU-1 Balance: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
Policy LU-1.1: Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.
Housing Element
Goal H-2 Housing Supply & Diversity: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.
Policy H-2.5: Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices.
Policy H-2.6: Infill Development. We support the revitalization of neighborhoods through the construction of higher-density residential developments on underutilized residential and commercial sites.
Goal H-3 Governmental Regulations: A City regulatory environment that balances the need for creativity and excellence in residential design, flexibility and predictability in the project approval process, and the provision of an adequate supply and prices of housing. Policy H-3.2: Flexible Standards. We allow flexibility in the application of residential and mixed- use development standards in order to gain benefits such as exceptional design quality, economic advantages, sustainability, or other benefits that would otherwise be unrealized. Policy H-3.3: Development Review. We maintain a residential development review process that provides certainty and transparency for project stakeholders and the public, yet allows for the appropriate review to facilitate quality housing development. 364
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Community Economics Element
Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
Policy CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community. Policy CE-2.2: Development Review. We require those proposing new development and redevelopment to demonstrate how their projects will create appropriately unique, functional, and sustainable places that will compete well with their competition within the region. Policy CE-2.4: Protection of Investment. We require that new development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality. Policy CE-2.5: Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.
Community Design Element
Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses. Policy CD-1.1: City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.
Policy CD-1.2: Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities. Policy CD-1.3: Existing Neighborhoods. We require the existing character of viable residential and non-residential neighborhoods be preserved, protected, and enhanced. Goal CD-2 Design Quality:A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human- scale, and distinct. Policy CD-2.1: Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
i. Building volume, massing, and height to provide context-appropriate scale and proportion; ii. A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and iii. Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.
Policy CD-2.2: Neighborhood Design. We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:
i. A pattern of smaller, walkable blocks that promote activity, safety, and access to nearby amenities and services;
ii. Varied parcel sizes and lot configurations to accommodate a diversity of housing types; 365
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iii. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access; iv. Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
v. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users.
Policy CD-2.7: Sustainability. We collaborate with the development community to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping, and buildings to reduce energy demand through solar orientation, maximum use of natural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials, and construction techniques.
Policy CD-2.8: Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting. Policy CD-2.9: Landscape Design. We encourage durable, sustainable, and drought-tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits. Policy CD-2.10: Parking Areas. We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:
i. Structured parking: facade articulation, screening, appropriate lighting, and landscaping. ii. Garage parking: providing access to single-family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces. Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.
Policy CD-3.1: Unique Identity. We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm. Policy CD-3.2: Comfortable, Human-Scale Public Realm. We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks. Policy CD-3.4: Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.
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Policy CD-3.5: Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type). Policy CD-3.6: Managed Infrastructure. We collaborate with developers and property owners to facilitate development that realizes the envisioned character and functionality of the Place Type through the use of green and shared infrastructure within each Place Type. Goal CD-5 Protection of Investment: A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments.
Policy CD-5.1: Maintenance of Buildings and Property. We require all public and privately-owned buildings and property (including trails and easements) to be properly and consistently maintained.
2.2 Downtown Ontario Luxury Apartments, Phase II Planned Unit Development Objectives
The primary objective of the PUD is to establish standards and guidelines for land uses, building massing, architectural elements, landscape, open space, and parking that align with the goals of the City while also facilitating the development of a top-notch, high-density residential project. Specifically, the objectives of the PUD are as follows:
To establish comprehensive land use and design principles that contribute towards the creation of innovative, functional, and sustainable housing.
Promote the revitalization of the Downtown area and foster economic growth by establishing a high-density residential development within the historic Downtown setting. To establish harmonious connections between new development and the neighboring residential land uses.
To integrate high-density housing development into the surrounding community in a way that respects the character and cultural diversity of the area. To establish quality standards that ensure long-term maintenance and aesthetics. 367
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3. Land Use
3.1 Residential Use
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development ( PUD) area will be developed with a high-density multiple-family residential development. The development will feature a podium-style building with three (3) stories of apartment -style units. This design will provide a modern, attractive, and functional living space for residents, while remaining in line with the overall layout and architectural style of the community. The first floor will contain a parking garage, along with the lobby and leasing office, and three (3) residential units. The second floor will contain residential units alongside a courtyard for residents and guests to enjoy. The third floor will contain residential units with a view of the courtyard below. In total, the development will include sixty-nine (69) units on 1.22 acres, resulting in a density of 56.6 dwelling units per acre (DU/AC). Exhibit 3-1: Site Plan provides an illustrative overview of the proposed development.
3.2 Permitted Uses
The permitted land uses within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) are as follows:
Multiple-family residential dwellings;
Leasing/Administrative Office (for on-site property and facilities management only); Motor vehicle parking ancillary to a multiple-family residential development project; Recreation facilities ancillary to multiple -family resi dential development projects, for use by project residents and their guests, including, but not limited to, pools, spas, tennis courts, clubhouse or recreation building, courtyards, playgrounds or tot lots, and other similar amenities appropriate to serve a multiple-family residential development project; Home occupations within residential units, in accordance with the Ontario Development Code; Temporary uses (as permitted within the residential districts of the City of Ontario Development Code subject to an Administrative Permit).
Other land use compatible with multiple -family residential development projects, as determined appropriate by the Zoning Administrator.
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Exhibit 3-1: Site Plan
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4. Development Regulations
4.1 Project Density
Residential land uses within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) shall be consistent with the Mixed-Use – Downtown (MU-Downtown) land use designation allowing for residential uses at a density of 25 to 75 dwelling units per acre (DU/AC) or non- residential development at a floor-to-area ratio (FAR) of up to 2.0 for retail and office uses.
4.2 Building Height
Total building height (to flat roofline) shall not exceed 40 feet above the highest existing sidewalk elevation. Architectural projections, such as parapets, roofed towers and gable roofs, or elevator towers may extend up to 55 feet above the highest existing sidewalk elevation. Any rooftop mechanical, venting, or communication equipment shall be located within the roof structure or otherwise screened to ensure that the equipment remains concealed from public sightlines or neighboring buildings.
4.3 Building Setbacks
Building setbacks for the PUD are provided in Table 4-3 below.
Table 4-3: Minimum Building Setbacks
4.4 Vehicular Access
Vehicle access is provided via two (2) driveways along the southern boundary of the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) area. The driveways provide direct access to the ground-level parking garage and are located off an alley (one-way) that connects North Lemon Avenue and Plum Avenue.
4.5 On-Street and Off-Street Parking
Parking requirements are based on the number of bedrooms contained within each dwelling unit. Parking spaces shall be provided pursuant to Table 4-5: Minimum Parking Requirements.
Setback Distance
Allowed Architectural
Projection Encroachment
Minimum Street Setbacks
North Lemon Ave
East D St
Plum Ave
--
10 ft.
6 ft.
4 ft.
--
2 ft.
2 ft.
2 ft.
Minimum Rear Setback 5 ft. N/A
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Table 4-5: Minimum Parking Requirements
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) parking requirements are as follows:
All required resident parking spaces shall be provided on-site; Tandem parking spaces may be counted toward a maximum of 60 percent of the resident parking space requirement established by Table 4-5: Minimum Parking Requirements.Tandem spaces are limited to 2-bedroom units and will be assigned as such to eliminate competition or confusion of parking space;
On-street parking may be utilized to satisfy guest-parking requirements, subject to the following:
i. On-street parking may be used to satisfy guest parking requirements only, and shall not be used for required resident parking;
ii. On-street parking shall only be counted along the public streets surrounding the project site, on the side of the street adjoining the project
iii. All on-street parking locations shall be subject to approval by the City Engineer; and iv. On-street parallel parking spaces shall be calculated by the length of unobstructed curb adjacent to the project site.
4.6 Common Open Space
Common open space shall be provided at a minimum of 130 square feet per residential unit (average).
This provision allows for a wide range of both passive and active, indoor and outdoor spaces, open landscaped and hardscaped areas with fountains, seating, fire pits, or play structures, pool, and an indoor fitness center.
4.7 Private Open Space
Private open space shall be provided for each residential unit at a minimum of 90 square feet per unit.
This provision allows for balconies, decks, and patios, provided that the minimum dimension is no less Use Parking Space
Multiple-Family Dwellings – Resident Parking
One-Bedroom Unit
Two-Bedroom Unit
1.00 spaces per dwelling (at least one space
shall be in a garage or carport)
2.00 spaces per dwelling (at least one space
shall be in a garage or carport)
Multiple-Family Dwellings – Guest Parking
Portion of dwellings < 100 0.20 spaces per dwelling
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than 6 feet in any direction. Each private open space must also have direct access to its corresponding residential unit.
4.8 Landscaping
Landscaping shall be incorporated into new development and designed to integrate with the surrounding community by providing an aesthetically pleasing and sustainable environment. A conceptual landscape plan shall be submitted with the Development Plan for the PUD. The plan shall specify all landscape and hardscape elements for the development plan area including common open space areas, perimeter yards along the street rights-of-way, and all street trees. Landscape screening methods for ground-level utility boxes and mechanical equipment shall also be included in the plan . The minimum landscape coverage required for the PUD area is 15 percent of the total area.
All landscaping elements must be carefully chosen to provide a seamless transition between new construction and existing structures. Landscape elements should be utilized to reinforce pedestrian connections through attractive paving and planting design. Additionally, landscape pattern and planting should accentuate common open space areas within the PUD area. The use of native plant species is encouraged to minimize water consumption and promote biodiversit y. Water conservation shall be considered, and low water using plant materials and water efficient irrigation shall be utilized . The landscape plan shall be drought tolerant and meet the current Water Use Classifications of Landscape Species requirements.
4.9 Tree Removal
Four (4) mature Australian Willow trees and four (4) mature Arizona Sycamore trees within the PUD area shall remain and be incorporated into the overall design of the development plan. The Australian Willow trees are currently located in the right -of-way on North Lemon Avenue and the Arizona Sycamore trees are located in the right-of-way on Plum Avenue. The additional forty-one (41) trees that are located within the existing surface parking lot will be removed and an arborist report shall be prepared for the PUD area.
Emerald Design
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4.10 Infrastructure
Infrastructure within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) consists of the following improvements:
- Roadway (dedications/easements)
- Drainage
- Public Utilities (water and sewer)
Roadway, drainage, and public utilities are planned as illustrated in Exhibit 3.2: Conceptual Grading and Drainage Plan. All proposed public improvements shall be designed and constructed pursuant to the City of Ontario guidelines and specifications and per San Bernardino County and the State of California Water Resources Control Board guidelines for stormwater treatment. 373
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Exhibit 3-2: Conceptual Grading and Drainage Plan
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5. Design Guidelines
5.1 Building Orientation and Frontages
The building shall be oriented towards North Lemon Avenue and vehicular access shall be oriented towards the southern boundary of the PUD area.
Pedestrian entries may be located along East D Street and Plum Avenue provided that strong pedestrian connection is maintained through landscaped sidewalks and appropriately scaled lighting.
5.2 Architectural Character
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) strikes an impressive balance between the sleek design features of contemporary architecture and the charm and character of the historic Downtown area. The PUD integrates traditional materials with modern design elements to create an innovative development that embraces a timeless appeal. The c areful selection and utilization of traditional, durable materials reflects the rich architectural heritage of the area and speaks to the history and character of the community. By combining traditional materials with modern design features, including minimalism, clean lines, and sleek finishes, the development exudes a refined aesthetic.
5.3 Architectural Details
New development should incorporate façade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales. Buildings shall:
Incorporate architectural enhancements such as recessed windows, balconies, decorative cornices, and awnings along all street frontages.
Incorporate r ooflines that are visually dynamic in a way that complements the building and surrounding area's composition.
This can be achieved through the utilization of sculpted roof forms or an attractive cornice with detailed design elements.
5.4 Materials and Colors
A color and material board shall be submitted with the Development Plan for the PUD to ensure the following:
Materials and color scheme shall be compatible with, and complementary to the overall style of the development project.
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A combination of dark and light colors shall be utilized to accentuate architectural features and breakup large building planes.
Materials should include a mixture of stucco, horizontal siding, and brick veneer, in a variety of earth tone colors.
5.5 On-Site Lighting
All lighting of facades, decorative fixtures, awnings, and signs shall be designed in accordance with the criteria set forth in Section 2D of the Downtown Ontario Design Guidelines. Exterior light fixtures shall be designed to complement the architectural style of the building. On-site lighting shall be directed away or shielded from adjacent streets and properties. All exterior lighting must be mounted in such a way that it does not project excessive light upwards, either by situating it beneath building eaves or integrating a shield such as a hood.
5.6 Signage
Signs within the PUD area shall comply with Division 8.01 (Sign Regulations) of the Ontario Development Code.
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6. Administration
6.1 Applicability
All development within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) shall be designed and constructed pursuant to the standards and guidelines herein. Where the PUD is silent on a standard, then the City of Ontario Development Code and the City’s Standard Conditions of Approval (COA) for New Development Projects Resolution No. R2017-027 shall govern. In the event of a conflict between the provisions of the PUD and the provisions of the Ontario Development Code and the City’s Standard COA, the PUD Standards shall supersede.
6.2 Planning Applications to Facilitate PUD Implementation Development Plan approval, pursuant to the requirements of Ontario Development Code Section
4.02.025 (Development Plans), shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building. A Development Plan application shall be submitted to the Planning Department on a City application form pursuant to the requirements of Ontario Development Code Division 2.02 (Application Filing and Processing), commencing with Subsection B (Discretionary Permits and Actions) of Section 2.02.015 (Application Processing Procedures).
6.3 Administrative Exceptions
Deviation from the development standards set forth in this document may be granted up to a maximum of ten (10%) percent by the Zoning Administrator pursuant to the Ontario Development Code. 377
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry
Noh, Rudy Zeledon
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:
AN ORDINANCE APPROVING THE WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-006) ON A 5.81-ACRE PROJECT SITE LOCATED AT
THE NORTHEAST CORNER OF MOUNTAIN AVENUE AND FOURTH STREET,
SUBMITTED BY JAT LAND DEVELOPMENT
CITY OF ONTARIO
Agenda Report
April
2, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council consider and adopt an Ordinance approving the Watermarke Ontario Planned Unit Development (File No. PUD22-006).
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:
There is not a direct fiscal impact associated with this action. The proposed Watermarke Ontario Planned Unit Development (PUD) establishes development standards and guidelines to facilitate a mixed-use commercial and residential development. Implementation of the PUD would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impact fees.
BACKGROUND & ANALYSIS:
On March 19, 2024, the City Council introduced and waived further reading of an Ordinance approving the Planned Unit Development. On August 16, 2022, the Ontario City Council certified The Ontario Plan 2050 (TOP 2050) Supplemental Environmental Impact Report (SEIR, State Clearinghouse No. 2021070364) in conjunction with File No. PGPA20-002. The SEIR analyzed the Project site and 1.4 acres of land to the northwest of the Project site, also located within the same mixed-use district, and established guidelines for development. These guidelines include, but are not limited to, general land use (mixed-use residential and commercial), maximum density and development intensity (20-75 dwelling units per acre and 1.0 non-residential floor area ratio ("FAR"), respectively), and assumed dwelling units and commercial square footage (251 dwelling units and 70,008 SF, respectively).
378
On September 8, 2022, the Applicant filed a Development Plan application (File No. PDEV22-042) to construct 357 dwelling units and 3,800 square feet of ground-floor commercial space on the 5.81- acre Project site. The request was submitted in conjunction with a Planned Unit Development ("PUD") application (File No. PUD22-006), to establish the development standards and design guidelines for the Project site.
PLANNED UNIT DEVELOPMENT:
The MU-NH 8b zoning district requires the preparation and approval of a PUD to establish the development standards and design guidelines for the site. The proposed Watermarke Ontario PUD, included as Attachment A to the attached Ordinance, identifies the following components:
Objectives
— The Objectives component of the PUD outlines the Project's consistency with The Ontario Plan, including its Vision, Governance Manual, Policy Plan (General Plan), City Council Priorities, Implementation, and Tracking and Feedback. The City's Policy Plan's goals and policies guide the City's continued growth. These goals extend to the Project's proposed residential and commercial land uses and the Project area's Mixed Use – Neighborhood Activity Hub (MU-NH) land use designation. The MU-NH land use designations allow for the development of low-rise mixtures of retail and residential land uses, which serve the surrounding residents.
The PUD is designed to achieve the purpose of the Policy Plan land use designations and comply with applicable goals and policies of The Ontario Plan. The PUD analyses several elements of The Ontario Plan, identifies specific policies, and reviews how the PUD is consistent with the identified policy. Specifically, the PUD analyses various goals and policies of the Land Use, Housing, Community Economics, Safety, and Community Design.
Additionally, from an economic development standpoint, the City of Ontario views this as a critical project to further serve the Ontario Vision and boost economic development activity. The City has been taking a targeted approach to revitalize underutilized shopping centers to bring in much needed housing units, as well as high-quality retail for our residents. The Project will replace dated retail space and provide a high-quality housing product with opportunity for retail spaces to provide the residents and surrounding community with food, beverage, service, and/or miscellaneous retail opportunities.
Policy Plan (General Plan)
— The Policy Plan (General Plan) includes the Land Use Element, which designates the subject parcels within the PUD as "MU – Mixed-Use" to facilitate a horizontal and/or vertical mix of retail, service, office, restaurant, entertainment, cultural, and residential uses. The MU – Mixed-Use designation is further broken down into sub-categories to refine the type of mixed- use development desired by the City. The Project site is located within sub-area MU-NH – Mixed Use Neighborhood Activity Hub. This designation envisions low-rise buildings (three to five stories) with a mix of retail and residential land uses that will create identity and place and serve surrounding residents. This category allows for residential densities ranging from 20 to 75 dwelling units per acre and non-residential development intensity of 1.00 FAR. The build-out of the 7.21-acre sub-area is projected to be 251 dwelling units and 70,008 square feet of non-residential development.
The PUD regulates the redevelopment of 5.81 acres of this sub-area with the intent to create a mixed-use project providing a total of 357 dwelling units and 3,800 non-residential square feet. The remaining 1.4 acres of the sub-area is located north of the PUD's boundary and is currently being 379
developed with a church. The PUD would allow the total number of residential units to exceed the 251 units identified in the TOP 2050 build-out projection within this sub-area, resulting from the proposed multi-family development; however, the exceedance is offset by a significant reduction in the build-out of non-residential square footage.
Land Use Plan
— The Land Use Plan briefly describes the land use designation allowing the Project to develop multifamily residential as well as multiple retail and neighborhood commercial land uses. Permitted land uses are those permitted and conditionally permitted uses allowed under the Development Code, Division 5.02 (General Land Use Provisions), Section 5.02.010 (Allowed Land Uses, Activities and Facilities), Table 5.02-1 (Land Use Matrix) for the Mixed Use (MU-8B) zoning district.
Development Regulations
— The Development Regulations section establishes standards that govern development of the site, including the following topics: placement, height, and bulk of permitted buildings and structures, establish locational criteria for vehicular access to the site, parking and loading requirements, landscaping, and signage standards. These standards encourage a high-quality residential/mixed use development and also establishes flexible guidelines to encourage site development and ensure that the project meets a minimum standard of appearance and is compatible with the surrounding neighborhoods. The PUD proposes a maximum FAR of 1.0 and density of 20-75 dwelling units per acre; a maximum building height of 65 feet; minimum street and interior setbacks of 10 feet; and a minimum of 1.2 parking spaces per bedroom for residential uses and one space per 250 square feet of non-residential uses.
Design Guidelines/Landscape Standards
— New development implemented under the PUD will
generate new uses and design aesthetics to fulfill the design goals and policies of TOP. It will be guided by design criteria to provide articulation, dynamic materials and colors, and avoidance of bulky and monotonous elevations. Street trees and landscaped street setback areas will provide opportunities to frame the street, create and prioritize safe, attractive, and well-shaded pedestrian access from the public rights-of-way, and minimize building bulk from the public right-of-way. The proposed development will be subject to and governed by policies and goals regarding building orientation, access and parking facilities, service facilities, pedestrian linkages, architectural character, massing and scale, articulation and fenestration, architectural details, storefronts, materials and colors, roofs and rooftop equipment, non-residential outdoor dining areas, residential outdoor spaces and common recreational amenities, and landscape and hardscape elements.
COMPLIANCE WITH THE ONTARIO PLAN:
The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050.
HOUSING ELEMENT COMPLIANCE:
The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.
AIRPORT LAND USE COMPATIBILITY:
The California State Aeronautics Act (Public Utilities Code 380
Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for File No. PUD22-006 for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2); [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3); [3] Airspace protection Zones (ONT ALUCP Map 2-4); and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the Planning Commission, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP.
ENVIRONMENTAL REVIEW:
The environmental impacts of this Project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of Project approval and are incorporated herein by this reference.
NEIGHBORHOOD MEETING:
A neighborhood meeting regarding File No. PDEV22-042 was held at the Ontario Senior Center on June 22, 2023. Several members of the public attended and requested additional information about the Project, including the Project's scope of work, conceptual site planning, building design, and traffic. City staff provided additional information to the community members at the meeting and considered their input during Project review.
PUBLIC COMMENTS:
As of the preparation of this Agenda Report, Planning Department staff has not received any correspondence regarding the proposed Planned Unit Development. However, staff did receive two written communications regarding the environmental addendum and the Development Plan. Please see the attached Planning Commission Staff Report dated February 27, 2024, for details.
PLANNING COMMISSION REVIEW:
On February 27, 2024, the Planning Commission conducted a public hearing and voted 6-0 to recommend that the City Council consider and approve File No.
PUD22-006 and adopt an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report, pursuant to the facts and reasons contained in the staff report and attached Ordinance, and subject to the conditions of approval.
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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-006, THE WATERMARKE
ONTARIO PLANNED UNIT DEVELOPMENT, ESTABLISHING
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A
5.81 ACRE PROJECT SITE LOCATED AT THE NORTHEAST CORNER
OF MOUNTAIN AVENUE AND FOURTH STREET, AND MAKING
FINDINGS IN SUPPORT THEREOF— APNS: 1008-513-16, 1008-522-01, 1008-522-02, AND 1008-522-03.
WHEREAS, JAT LAND DEVELOPMENT LLC (hereinafter referred to as "Applicant") has filed an Application for the approval of the Watermarke Ontario Planned Unit Development (“PUD”), File No. PUD22-006, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 5.81 acres of land located at the northeast corner of Mountain Avenue and Fourth Street, within the Mixed Use – Neighborhood Hub 8b – Mountain and Fourth (MU-NH 8b) zoning district, and is presently improved with commercial development and post office; and
WHEREAS, the properties to the north of the Project site are within the MU-8b (Mountain/Fourth Mixed Use) and Low-Density Residential (LDR-5) zoning districts and are developed with a church (currently under construction) and existing single-family land uses, the property to the south is within the Neighborhood Commercial (CN) zoning district and is developed with commercial land uses, the properties to the east are within the Low-Density Residential (LDR-5) zoning district and is developed with single-family land uses, and the property to the west is within the Neighborhood Commercial (CN) zoning district and is developed with commercial land uses; and WHEREAS, the Project was submitted in conjunction with a Development Plan (File No. PDEV22-042) which proposes the construction of a mixed-use building containing residential and commercial floor area, for a total of 357 apartment units and 3,800 square feet of commercial space, at a density of 61.4 dwelling units per acre and a commercial Floor Area Ratio (FAR) of 0.015; and
WHEREAS, the PUD outlines the Project’s (a) objectives, including its consistency with The Ontario Plan; (b) land use plan, including zoning, phasing and build-out, and permitted land uses; (c) development regulations, including intensity and density, building envelope, vehicle access and parking facilities, parking supply and design, residential open space and common amenities, service facilities, signs, landscape and hardscape, fences and walls, public right-of-way improvements, infrastructure, and overall development standards; (d) design criteria, including those for building orientation, access and parking facilities, service facilities, pedestrian linkages, architectural character, massing and scale, articulation and fenestration, architectural details, storefronts, materials and colors, roofs and rooftop equipment, non-residential outdoor dining areas, residential outdoor space and common recreation amenities, and landscape/hardscape 382
elements; and (e) administration, including items not addressed in the PUD, requirements for Development Plans and other applications, and administrative exceptions; and WHEREAS, Project approval is contingent on Planning Commission approval of the related Development Plan application and City Council approval of the Watermarke Ontario PUD; and
WHEREAS, The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) was certified on August 16, 2022, (hereinafter referred to as "Certified SEIR"), in which development and use of the Project site was discussed; and
WHEREAS, the Planning Director of the City of Ontario prepared and approved for attachment to the Certified SEIR, an Addendum to the Certified SEIR (hereinafter referred to as "SEIR Addendum") in accordance with the requirements of the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively referred to as "CEQA"); and WHEREAS, the environmental impacts of this project were thoroughly analyzed in the SEIR Addendum, which concluded that implementation of the Project could result in a number of significant effects on the environment that were previously analyzed in the Certified SEIR, and that the Certified SEIR identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an SEIR Addendum has been prepared to determine possible environmental impacts; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the authority to review and act on the subject Application; and WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan 383
(hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on January 23, 2024, the Planning Commission voted to continue the Project to the February 27, 2024, hearing date; and
WHEREAS, as the first action on the Project, on February 27, 2024, the Planning Commission voted to issue Resolution No. PC24-003 recommending the City Council adopt the SEIR Addendum, finding that the proposed Project introduces no new significant environmental impacts and applying all previously adopted mitigation measures to the Project, which were incorporated by reference; and WHEREAS, on February 27, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, voting to issue Resolution No. PC24-004 recommending the City Council approve the Application and concluded said hearing on that date; and
WHEREAS, on March 19, 2024, the City Council of the City of Ontario conducted a hearing to consider the Addendum and the Project, and concluded said hearing on that date; and
WHEREAS, as the first action on the Project, on March 19, 2024, the City Council approved a resolution adopting an Addendum to a previous Certified SEIR prepared pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of significance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1: Environmental Determination and Findings. As the recommending body for the Project, the City Council has reviewed and considered the information contained in the Addendum, the initial study, and the administrative record for the Project, including all written and oral evidence provided during the comment period.
Based upon the facts and information contained in the Addendum, the initial study, and the administrative record, including all written and oral evidence presented, the City Council finds as follows:
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(1) The environmental impacts of the Project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the Ontario City Council on August 16, 2022, in conjunction with File No.
PGPA20-002; and
(2) The SEIR Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(3) The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and
(4) All previously adopted mitigation measures shall be a condition of project approval, as they are applicable to the Project, and are incorporated herein by this reference; and
(5) The SEIR Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the City Council; and
(6) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts.
SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the SEIR Addendum, all related information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified SEIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified SEIR that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified SEIR was prepared, that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified SEIR was certified/adopted, that shows any of the following:
385
(a) The Project will have one or more significant effects not discussed in the Certified SEIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified SEIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or
(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified SEIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.
SECTION 3: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based upon the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.
SECTION 4: Airport Land Use Compatibility Plan ("ALUCP") Compliance.
The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision- making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
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SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 4, above, the City Council hereby concludes as follows:
(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.The Project is consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan in that the mixed-use standards and guidelines specified in the PUD align with The Ontario Plan.
The Watermarke Ontario Planned Unit Development (“PUD”) Objectives section titled “Consistency with The Ontario Plan”, describes how the PUD complies with the Policy Plan goals, policies, and plans. (2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The City Council has required certain safeguards through conditions of approval, which have been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The adjacent neighborhoods consist of existing single-family dwellings and commercial development. The Watermarke Ontario Planned Unit Development was prepared to ensure that on-site development is sensitive to and complementary of the surrounding development, and the surrounding development is compatible with the proposed residential and commercial mixed-use development. Therefore, the Project does not affect the harmonious relationship with adjacent properties and land uses. (4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the PUD, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the Project size and shape, intensity of development, building height and setbacks, site access, site landscaping and drainage, fences and walls, vehicle and pedestrian circulation, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and 387
other infrastructure needs, off-street parking, building orientation and streetscapes, architectural character, building materials and character, and site signage. Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities for the proposed PUD and proposed development.
(5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The PUD will establish minimum building setbacks, parking and open space requirements, private storage provisions, a planting palette, allowable land uses preferable to support the proposed development and the surrounding community, and more. These standards will facilitate the development of up to 357 dwelling units and 3,800 square feet of commercial space and accompanying improvements. The proposed PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself, by means of facilitating the development of high-density apartments, restaurants, retail shops, and other commercial services that will serve to achieve the City’s goals of economic revitalization of an underutilized commercial center. Lastly, the PUD will further serve to implement the vision of the Mixed Use – Neighborhood Hub 8b – Mountain and Fourth (MU-NH 8b) zoning district, and the Mixed Use - Neighborhood Activity Hub: 20.0 to 75.0 du/ac; 1.0 FAR office/retail (MU-NH) land use district of the Policy Plan by allowing for this vibrant and well-designed mixed-use development.
SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described Watermarke Ontario Planned Unit Development, attached hereto as “Attachment B”, subject to each and every condition set forth in the Department reports attached hereto and incorporated herein by this reference.
SECTION 7: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 8: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 9: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without 388
the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 10: Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 11: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 2nd day of April 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3273 was duly introduced at a regular meeting of the City Council of the City of Ontario held March 19, 2024 and adopted at the regular meeting held April 2, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3273 duly passed and adopted by the Ontario City Council at their regular meeting held April 2, 2024 and that Summaries of the Ordinance were published on March 26, 2024 and April 9, 2024, in the Inland Valley Daily Bulletin newspaper.
__________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:
File No. PUD22-006
Watermarke Ontario Planned Unit Development
(Document to follow this page)
391
WATERMARKE
ONTARIO
PLANNED UNIT
DEVELOPMENT
392
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
TABLE OF CONTENTS
Introduction .................................................................................................................................................... 1 Location .......................................................................................................................................................... 1 Objectives ....................................................................................................................................................... 2 Land Use Plan ................................................................................................................................................. 8 Development Standards .................................................................................................................................9 Circulation .....................................................................................................................................................11 Roadway Infrastructure ............................................................................................................................... 12 Infrastructure and Utilities ...........................................................................................................................16 Development Strategy ..................................................................................................................................19 Design Guidelines .........................................................................................................................................29 Landscape Standards ...................................................................................................................................36 Administration ..............................................................................................................................................42 ii 393
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
INTRODUCTION
This document is intended to function as a set of planning and design principles, development regulations and performance standards to guide and govern the development of a 5.81-acre land area located on the northeast corner of Mountain Avenue and Fourth Street.
The project site is located within The Ontario Plan (TOP) Mixed Use – Neighborhood Activity Hubs (MU- NH), which requires the establishment of a Planned Unit Development (PUD) prior to development. This PUD fulfills the requirements of Mountain/Fourth Avenue Mixed Use (MU-8b) zoning district, as set forth in Ontario Development Code Section 4.01.030 (Planned Unit Developments (PUD) and Amendments). The Watermarke Ontario Planned Unit Development (PUD) will establish development standards that apply to the affected property. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply. City staff and private developers will rely on this PUD to determine whether precise plans for development (“Development Plans”) will adequately meet the City’s land use and design objectives.
LOCATION
The Project is located in the City of Ontario in the County of San Bernardino. The PUD area occupies 5.81 acres of the northeast corner of Mountain Avenue and Fourth Street and includes four parcels (APNs 1008-513-16, 1008-522-01, 1008-522-02, and 1008-522-03).
Regional access to the Project area would be facilitated through Interstate 10 (I-10) approximately 0.6 miles north of the site, and State Route 83 (SR- 83) approximately 0.9 miles east of the site.
Source: Google Earth
Not to scale
Figure 2: Local Vicinity
Watermarke Ontario Planned Unit Development Project
4th Street
Harvard Place
Rosewood Court
J StreetJ Street
Princeton Street
Yale Street
Mountain Avenue
Azalea Avenue
Palmetto Avenue
Boulder Avenue
Boulder Avenue
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WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
OBJECTIVES
Consistency with the Ontario Plan
The Ontario Plan (TOP) is the primary planning document for the City and is intended to guide City growth for the next 20 years. The Ontario Plan includes six components:
1. The Vision component summarizes the City’s major goals for the foreseeable future as well as the preferred character to be reinforced throughout the future growth.
2. The Governance Manual summarizes the City’s guidelines regarding decision-making authorities and actions for City leadership in order to reinforce the City’s intended character.
3. The Policy Plan acts as the City’s General Plan and includes the City’s goals and policies meant to guide growth through the general plan planning period.
4. The City Council Priorities outlines the Council’s goals for a given year.
5. The Implementation component summarizes the methods with which the City will execute goals and policies included in the general plan.
6. The Tracking and Feedback component, once updated, will catalogue the City’s progress in implementing the goals and policies of the Policy Plan and Vision component.
The City’s Policy Plan’s goals and policies are intended to guide the City’s continued growth. These goals extend to the Project’s proposed residential and commercial uses and the Project area’s Mixed Use – Neighborhood Activity Hub (MU-NH) land use designation. The MU-NH land use designations are intended to allow for the development of low-rise mixtures of retail and residential uses which may serve the surrounding residents.
This PUD is designed to achieve the purpose of this land use designation and comply with applicable goals and policies such as the following:
Land Use Element
Goal LU-1: A community has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life. ◢ Policy LU-1.1: Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.
◢ PUD Consistency. Mountain Avenue is classified as an arterial road as well as a Class I multipurpose trail, these classifications lend themselves to high volumes of pedestrian and vehicular traffic. Additionally, mass transit bus stops are located at the southwest and northeast corners of the Mountain Avenue and Fourth Street intersection. The PUD would enable the development of multifamily residential uses adjacent to higher capacity roadways as well as available mass transit stops. ◢ Policy LU-1.6: Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario. ◢ PUD Consistency. The PUD would allow for the development of residential and retail uses within the PUD site. The requirements presented in the PUD encourage the development of neighborhood scale commercial opportunities which would serve residents within the PUD as well as surrounding areas.
Goal LU-2: Compatibility between a wide range of uses and resultant urban patterns and forms. ◢ Policy LU-2.1: Land Use Decisions. We minimize adverse impacts on adjacent properties when considering land use and zoning requests. ◢ PUD Consistency. The PUD area’s MU-8b zoning designation requires that a PUD be implemented for to establish specific development standards, land use regulations and design guidelines. The permitted uses within PUD have been established to provide residential and commercial uses to serve internal residents and surrounding residential area. 2 395
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Goal LU-3: Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision.
◢ Policy LU-3.2: Design Incentives. We offer design incentives to help projects achieve the Vision. ◢ PUD Consistency. MU-8b zones require the creation of a PUD to establish specific development standards for a given area. Standards within a PUD may vary from the established development standards of the City’s development code to achieve the City’s vision more adequately or efficiently. This PUD includes design standards which strive to maintain the City’s vision for stable, dynamic growth while maintaining overall quality throughout all components of the development.
Goal LU-4: Development that provides short-term value only when the opportunity to achieve our Vision can be preserved. ◢ Policy LU-4.4: Shared Infrastructure. We encourage and facilitate the use of shared infrastructure (including shared or managed parking) in urban, mixed use, and transit-oriented Place Types. ◢ PUD Consistency. The PUD area encourages the integration of residential and nonresidential uses through mixed use development.
Development standards within this PUD, therefore, encourage shared infrastructure such as parking and utility facilities. The Project includes a single central parking garage which contains all parking spaces for both the residential and retail uses in the PUD area.
Additionally, the Project would provide for shared garbage collection between residential and retail uses.
Housing Element
Goal H-1: Stable neighborhoods of quality housing, ample community services and public facilities, well- maintained infrastructure, and public safety that foster a positive sense of identity. ◢ Policy H-1.2: Neighborhood Conditions. We direct efforts to improve the long-term sustainability of neighborhoods through comprehensive planning, provision of neighborhood amenities, rehabilitation and maintenance of housing, and community building efforts. ◢ PUD Consistency. The PUD describes standards which can be used to develop a mixed-use residential community with attached retail uses. These standards include open space requirements which include the creation of recreational amenities. While the PUD includes designs for a specific project, this document allows for the development of other developments if the proposed Project is removed or redeveloped. The standards within this PUD would ensure that high-quality mixed-use developments can continue to be developed within the PUD area.
◢ Policy H-1.3: Community Amenities. We shall provide adequate public services, infrastructure, open space, parking and traffic management, pedestrian, bicycle, and equestrian routes and public safety for neighborhoods consistent with City master plans and neighborhood plans.
◢ PUD Consistency. The PUD includes parameters which require the development of private and community open space areas and recreational uses. The PUD also encourages the creation of a shared parking structure to serve both residents and retail customers and employees. The PUD also presents parking standards for passenger vehicles and bicycles that meet or exceed the City’s current standards. Development standards specifically focused on site security and emergency access are included in this PUD.
Goal H-2: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario. ◢ Policy H-2.5: Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices. ◢ PUD Consistency. The PUD includes development standards which allow for a variety of multi-family residential units near community scale retail uses. Standards presented in this PUD are designed to enable development which remains consistent with the character of the City while maintaining a modern, visually appealing aesthetic. 3 396
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Community Economics Element
Goal CE-1: A complete community that provides for all incomes and stages of life. ◢ Policy CE-1.6: Diversity of Housing. We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses. ◢ PUD Consistency. The PUD would provide for the development of a multi-family mixed use development in an area of the City which currently contains single family residential uses and commercial uses. This would increase the variety of housing in the area and promote neighborhood retail uses near residents as well as mass transit bus stops and higher capacity arterial roadways.
Goal CE-2: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be. ◢ Policy CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.
◢ PUD Consistency. The PUD will seek to ensure a mix of residential and retail uses that will provide a variety of goods and services for both the internal residents and the surrounding area. The PUD provides standards which require the development of distinctive, visually appealing structures.
Safety Element
Goal S-3: Reduced risk of death, injury, property damage and economic loss due to fires, accidents and normal everyday occurrences through prompt and capable emergency response.
◢ Policy S-3.8: Fire Prevention through Environmental Design. We require new development to incorporate fire prevention consideration in the design of streetscapes, sites, open spaces, and buildings. ◢ PUD Consistency. The PUD would incorporate fire prevention infrastructure such as fire extinguishers and smoke alarms. Additionally, the Project would provide additional fire hydrants and fire access points for fire abatement.
Goal S-7: Residential neighborhoods, commercial areas, and industrial districts that are kept safe through a multi-faceted approach of prevention, suppression, and community involvement in public safety. ◢ Policy S-7.4: Crime Prevention through Environmental Design (CPTED). We require new development to incorporate CPTED in the design of streetscapes, sites, open spaces, and buildings. ◢ PUD Consistency. The PUD requires the use of security lighting as well as the placement of a gated perimeter between existing developments bordering the Project area. Additionally, the PUD restricts access to residential neighborhoods from all entities except emergency personnel.
Community Design Element
Goal CD-1: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.
◢ Policy CD-1.2: Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City’s identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities.
◢ PUD Consistency. The PUD presents development standards which require the creation of well designed, community centric mixed-use developments. The PUD establishes standards within the PUD area which would establish quality architectural and visual consistency. 4 397
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Goal CD-2: A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human- scale, and distinct. ◢ Policy CD-2.1: Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
1. Building volume, massing, and height to provide context-appropriate scale and proportion;
2. A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and
3. Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style. ◢ PUD Consistency. The PUD will seek to accommodate the City’s residential growth and enhance its economic growth by creating residential and retail opportunities within a mixed-use zone. The PUD area will be distinctive through the requirement of well-designed project(s) through standards focused on:
• Appropriate scale and massing
• Architectural style and design that are complementary and appropriate to for its setting. • The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style. • Appropriate site planning to ensure building orientation visibility from the street, adequate number of driveways and sidewalks, building setbacks, parking lot orientation, adequate refuse storage areas and well-designed street frontages. ◢ Policy CD-2.2: Neighborhood Design. We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:
1. A pattern of smaller, walkable blocks that promote activity, safety, and access to nearby amenities and services;
2. Varied parcel sizes and lot configurations to accommodate a diversity of housing types;
3. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access;
4. Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
5. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users. ◢ PUD Consistency. The PUD allows for the development of mixed-use residential structures at a human scale through the use of pedestrian walkways and minimal internal roadways. The PUD also requires the orientation of buildings to form along the public roadway.
The PUD also includes standards which require appropriate site planning to ensure building orientation visibility from the street, an adequate number of driveways and sidewalks, building setbacks, parking lot orientation, adequate refuse storage areas and well- designed street frontages.
◢ Policy CD-2.4: Urban, Mixed Use, and Transit-oriented Areas. We establish Place Types to require mixed use, urban, and transit- oriented areas to be designed and developed as pedestrian oriented areas that are integrated with adjacent neighborhoods and promote a vibrant, comfortable, and functional environment, as defined for each Place Type. ◢ PUD Consistency. The permitted uses within PUD have been established to provide residential and retail uses to serve the City’s neighborhood activity hub and surrounding residential area. The PUD will ensure a mix of residential and retail uses that can be easily accessed by internal residents as well as surrounding residents. ◢ Policy CD-2.8: Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting. ◢ PUD Consistency. The PUD provides for secure development through the placement of walls and fences between the PUD area, public roadways, and adjacent residential communities. Additionally, the PUD encourages the placement of pedestrian walkways in highly visible areas as well as the use of shielded exterior lighting fixtures. PUD standards allow for the visibility of access points from public vantage points while using secure barriers to prevent unauthorized entry. ◢ Policy CD-2.9: Landscape Design. We encourage durable, sustainable, and drought-tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits. ◢ PUD Consistency. The PUD requires the creation of a Landscape Plan which would be consistent with City regulations and would provide for the usage of native and drought-resistant foliage. 5 398
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◢ Policy CD-2.10: Parking Areas. We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:
1. Surface parking: Shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.
2. Structured parking: facade articulation, screening, appropriate lighting, and landscaping.
3. Garage parking: providing access to single-family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces.
◢ PUD Consistency. The PUD would require parking areas to be shielded from public view through the placement of parking away from public roadways and behind buildings. PUD standards require adequate lighting for all common areas, including parking areas, and the landscaping of all areas which do not have improvements. The Project proposes a central parking structure inset within the PUD area. ◢ Policy CD-2.11: Entry Statements. We encourage the inclusion of amenities, signage, and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places. ◢ PUD Consistency. The PUD would require the development of private open space amenities for residents of the PUD area as well as a clearly noted and unique frontage along Fourth Street.
Goal CD-3: Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours. ◢ Policy CD-3.1: Unique Identity. We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm. ◢ PUD Consistency. The PUD would encourage a sense of place by implementing design standards which provide for consistent building orientation and architectural guidelines. Additionally, the PUD provides for the creation of pedestrian accessways that allow for human scale development.
◢ Policy CD-3.4: Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts. ◢ PUD Consistency. The PUD establishes standards which would encourage a sense of place within the PUD area through the use of consistent landscaping and architectural design. Buffer areas are required between the PUD area and surrounding residential uses as well as walls which further limit visibility between internal and external residents. ◢ Policy CD-3.5: Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type). ◢ PUD Consistency. The PUD requires the enhancement of building frontages along Fourth Street frontage through the use of visually interesting architectural features and materials as well as landscaping and pedestrian accessways. Specifically, retail uses are required to present visually appealing storefronts which complement the surrounding architecture and create a distinct entryway.
City Council Priorities
• Invest in the Growth and Evolution of
the City’s Economy
• Focus Resource in Ontario’s Commercial and
residential Neighborhoods
• Maintain the Current High Level of Public Safety
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WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Watermarke Ontario Objectives
This PUD establishes the architectural and development standards which will be applied to the Project. Implementation of these standards will ensure a consistent quality in design throughout the planned community.
The objectives of the PUD are to:
• Create a pedestrian-scale walkable community within the City, • Provide additional retail uses in close proximity to residential uses, • Expand retail opportunities within the City,
• Provide a variety of high-quality residential units nearby commercial uses, • Provide for flexible design and development standards to allow for the development of more urban walkable mixed-use development, • Promote the redevelopment of an underutilized site and provide additional housing opportunities, • Facilitate high-density residential development within the City for families and individuals, and • Provide housing at different price points to accommodate multiple income levels.
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LAND USE PLAN
Land Use Designation
The Project is located on parcels within the City which have been categorized with a MU-NH land use designation. This land use designation allows the Project to develop multifamily residential units as well as multiple retail and neighborhood commercial uses. The Project area is zoned with a MU-8B zoning designation.
Permitted Uses
Permitted and conditionally permitted uses shall be allowed as identified in the City of Ontario Development Code, Chapter 5.0, Table 5.02-1:
Land Use Matrix.
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DEVELOPMENT STANDARDS
This section sets forth the standards to govern the placement, height, and bulk of permitted buildings and structures; to establish locational criteria for vehicular access to site, parking and loading requirements, landscape, sign standards; and identify historic preservation features to be incorporated and/or considered for development plans. Unless otherwise stated herein, all development within the Project area shall meet the applicable standards and requirements of the City’s Development Code for MU-8b developments.
The purpose of these standards is to encourage a high-quality residential/mixed-use development. These standards establish flexible guidelines to encourage such development, ensure that it is of a minimum standard of appearance, and compatible with the neighborhoods.
Table 1: Applicable Development Standards on the next page summarizes the City’ development standards present within the entire Watermarke Ontario Project area as well as the surrounding uses. These development standards are based on those found in the Ontario Development Code. However, in the event of discrepancies between the development standards presented in this document and those in the Ontario Development Code, this document will act as the primary regulatory document. 9 402
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Table 1: Applicable Development Standards
Development Standard Requirement Consistency Discussion Residential Density 20 – 75 du/ac Development Strategy
Maximum Retail/Office (Nonresidential
floor area)
1.0 FAR Development Strategy
Max Building Height 5 Stories Design Standards
Setbacks None Specified Design Guidelines
Min Multiple-Family Residential
Parking Ratio.
1.2 spaces per bedroom
1.2 spaces per unit for studio units
Circulation
Min Retail Trade Parking Ratio 1 space per 250 sf Circulation Min Bicycle Parking Ratio Residential
1 rack per 30 stalls
Retail (short term)
5% of stalls (2 minimum)
Circulation
Min Landscaping The entirety of the project site
(excluding areas devoted to building
area, paving, and/or outdoor loading
and storage areas that are screened
from public view)
Landscape Standards
du = dwelling unit
ac = acre
FAR = Floor Area Ratio
sf = square feet
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WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
CIRCULATION
Circulation improvements within the PUD area should include adequate vehicular and pedestrian accessways throughout the PUD area.
Improvements within the PUD area shall include points of access to Fourth Street and Mountain Avenue. Proposed improvements to roadways and pedestrian accessways shall be approved by the City Engineer.
The Project provides circulation improvements within the PUD area, including a primary and secondary driveway along Fourth Street and Mountain Avenue, respectively. The primary driveway consists of a two-lane gated entry along Fourth Street which leads to the southern entrance of the central parking structure. A secondary driveway connects to Mountain Avenue in the northwestern portion of the Project site and continues east toward the eastern boundary of the Project site. The secondary driveway includes a connection to the northern entrance of the central parking structure. Once past the northern entrance of the central parking structure, the secondary driveway continues east, transitioning into an Emergency Vehicle Access (EVA) lane which terminates at the eastern boundary of the Project site.
Internal circulation improvements also include a series of ramps within the central parking structure to allow vehicular access to each of the six parking levels. The ramps will allow for a bidirectional flow of traffic. The first and sixth level of the central parking structure will include a turnaround space for vehicles to change direction to either continue upwards or downwards on the ramp.
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
VEHICULAR ENTRY
ADJACENT SITE
(N.I.C.)
RETAIL
3,800 SF
2-STORY VOL.
LINE OF UNITS ABOVE GUEST /
DROP-OFFRESIDENT
T
T
T
T
EXTENDED FACADE
ABOVE
COURTYARD 1
COURTYARD 2
COURTYARD 3
RAMP UP
5%
RAMP
DN
5%
LEASING /
LOUNGE
2,550 SF
2-STORY VOL.
VEHICULAR
ENTRY
VEHICULAR
ENTRY
VEHICULAR
ENTRY
EVA
ACCESSIBLE ROUTE
FROM PUBLIC RIGHT
OF WAY TO BUILDING
ENTRANCE
BUILDING VEHICULAR
ENTRY / EXIT
PEDESTRIAN ENTRY /
EXIT
LEGEND
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 08-14-2023
A-1.14CIRCULATION PLAN
TCA# 2021-079
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-630’0’ 60’ 120’ CIRCULATION PLANAccessible route from public right of way to building entrance Building vehicular entry/exit Pedestrian entry/exit
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
VEHICULAR ENTRY
ADJACENT SITE
(N.I.C.)
RETAIL
3,800 SF
2-STORY VOL.
LINE OF UNITS ABOVE GUEST /
DROP-OFFRESIDENT
T
T
T
T
EXTENDED FACADE
ABOVE
COURTYARD 1
COURTYARD 2
COURTYARD 3
RAMP UP
5%
RAMP
DN
5%
LEASING /
LOUNGE
2,550 SF
2-STORY VOL.
VEHICULAR
ENTRY
VEHICULAR
ENTRY
VEHICULAR
ENTRY
EVA
ACCESSIBLE ROUTE
FROM PUBLIC RIGHT
OF WAY TO BUILDING
ENTRANCE
BUILDING VEHICULAR
ENTRY / EXIT
PEDESTRIAN ENTRY /
EXIT
LEGEND
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 08-14-2023
A-1.14CIRCULATION PLAN
TCA# 2021-079
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-630’0’ 60’ 120’ CIRCULATION PLAN
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
VEHICULAR ENTRY
ADJACENT SITE
(N.I.C.)
RETAIL
3,800 SF
2-STORY VOL.
LINE OF UNITS ABOVE GUEST /
DROP-OFFRESIDENT
T
T
T
T
EXTENDED FACADE
ABOVE
COURTYARD 1
COURTYARD 2
COURTYARD 3
RAMP UP
5%
RAMP
DN
5%
LEASING /
LOUNGE
2,550 SF
2-STORY VOL.
VEHICULAR
ENTRY
VEHICULAR
ENTRY
VEHICULAR
ENTRY
EVA
ACCESSIBLE ROUTE
FROM PUBLIC RIGHT
OF WAY TO BUILDING
ENTRANCE
BUILDING VEHICULAR
ENTRY / EXIT
PEDESTRIAN ENTRY /
EXIT
LEGEND
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 08-14-2023
A-1.14CIRCULATION PLAN
TCA# 2021-079
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-630’0’ 60’ 120’ CIRCULATION PLAN
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
VEHICULAR ENTRY
ADJACENT SITE
(N.I.C.)
RETAIL
3,800 SF
2-STORY VOL.
LINE OF UNITS ABOVE GUEST /
DROP-OFFRESIDENT
T
T
T
T
EXTENDED FACADE
ABOVE
COURTYARD 1
COURTYARD 2
COURTYARD 3
RAMP UP
5%
RAMP
DN
5%
LEASING /
LOUNGE
2,550 SF
2-STORY VOL.
VEHICULAR
ENTRY
VEHICULAR
ENTRY
VEHICULAR
ENTRY
EVA
ACCESSIBLE ROUTE
FROM PUBLIC RIGHT
OF WAY TO BUILDING
ENTRANCE
BUILDING VEHICULAR
ENTRY / EXIT
PEDESTRIAN ENTRY /
EXIT
LEGEND
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 08-14-2023
A-1.14CIRCULATION PLAN
TCA# 2021-079
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-630’0’ 60’ 120’ CIRCULATION PLAN
C
A
B
D
E
F
G
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ROADWAY INFRASTRUCTURE
Internal Roadway Improvements
Access to the PUD site is provided through roadway connections to both Mountain Avenue and Fourth Street. External roadway access points (e.g., driveways) shall be developed at a minimum width of 24 feet. This not only allows for a bidirectional flow of passenger vehicle traffic, but also provides adequate space for the bidirectional travel for larger service vehicles (e.g., fire engines and garbage trucks).
Access to the PUD site via Harvard Place shall be limited to EVA connections. EVA lane access to the PUD site shall be prohibited for non- emergency vehicles and pedestrians. EVA connections to Harvard Place shall be secured via a gated entry which shall remain closed and locked except when in use by emergency personnel.
The Project’s proposed internal roadway improvements include two driveways, multiple ramps connecting the different levels of the central parking structure, and an EVA lane.
• The main entryway connects to Fourth Street via a 28.5-ft wide driveway, which continues into a 26-ft wide gated entry for the central parking structure. A 20-ft wide guest drop-off lane is attached to the main entryway. These driveways are separated by a 6-ft wide landscape island.
• The secondary entryway connects to Mountain Avenue via a 24-ft wide driveway leading to a 90-degree connection to a 24-ft wide entry into the central parking structure.
• An EVA lane will connect to the secondary entryway, continuing the 24-ft wide driveway east to Harvard Place. The EVA lane will consist of paved portions of the northeast perimeter of the Project area. The EVA lane will terminate at a 6-foot-tall gate placed at the EVA lane’s point of connection to Harvard Place.
• The 6 levels of the parking structure will be connected by 24-ft wide ramps that connect each of the parking levels to the surrounding residential structure.
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Public Right of Way Improvements
The public right-of-way improvements required are to include but are not limited to the following: street pavement, curb and gutter, parkway landscaping, parkway irrigation, public sidewalk, traffic signing and striping, streetlights, bus stop, bus shelters, and amenities.
Development along public rights-of-way must be approved by the City. 13 406
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Parking
Parking should be provided within the PUD area for residential and retail uses. Residential parking shall be provided at a rate of at least 1.2 spaces per bedroom (includes guest parking). Studio unit parking shall also be provided at a rate of 1.2 spaces per unit. Retail uses parking shall be provided at a rate of 1 parking space for each 250 sf of commercial floor area.
Parking space dimensions, drive aisles, etc. shall conform to the design standards set forth in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code. On-street vehicular parking along Fourth Street and Mountain Avenue shall be prohibited. Fourth Street and Mountain Avenue are both public streets and may not be designated for guest parking. On-street parking may not be used to meet the requirements for on-site parking as indicated in Division 6.03 of the Ontario Development Code.
Parking requirements for each unit type are summarized in Table 1: Applicable Development Standards.
The Project will provide 643 residential parking spaces and 16 retail parking spaces within the central parking structure for a total of 659 parking spaces. Retail parking spaces will be located on the ground floor of the parking structure with the remaining spaces utilized for residential parking. Twenty-four bicycle parking stations will be provided based on a ratio of 1 bicycle rack per 30 parking stalls. The amount of residential provided bicycle racks will exceed the required 22 stalls based on e 643 provided residential parking stalls. Table 2: Project Parking Consistency summarizes the Project’s proposed parking counts compared to the standards established for the PUD.
Table 2: Project Parking Consistency
Standard PUD Requirement Project Consistency
Residential Parking Ratio 1.2 spaces per bedroom (1.2 spaces per studio unit)
1.4 spaces per bedroom (including
studio units)
Minimum Residential Spaces 555 Spaces 643 Spaces
Minimum Retail/Office Parking Ratio 1 space per 250 sf
Minimum Retail/Office Parking Spaces 16 Spaces 16 Spaces Minimum Bicycle Parking Ratio Residential: 1 rack per 30 stalls Retail (short term): 5% of stalls (2 minimum)
Minimum Residential Bicycle Racks 22 Racks 22 Racks
Minimum Bicycle Racks 2 Racks 2 Racks
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Pedestrian Connections
Pedestrian connections shall be provided to the PUD site from Mountain Avenue and Fourth Street. Private pedestrian accessways shall be developed between each building and dwelling unit within the PUD site. The PUD area shall be developed such that internal vehicular traffic is limited to parking areas and main driveways. Pedestrian accessways within the PUD area outside of parking structures should be landscaped and be made of complimentary materials to the building theme.
The Project will connect to existing pedestrian sidewalks along Fourth Street and Mountain Avenue. Internal pedestrian circulation will include pathways between buildings and dwelling units and the parking structure. Residents will be able to access all areas of Watermarke Ontario, including amenity areas, through walking paths and paved sidewalks. Vehicular traffic will be limited to the central parking structure, its entryways, and external roadways.
Pathways within the Project which are adjacent to amenities and open space areas will be created with various materials, including stone, concrete, and wood paneling to give each area of the Project site its own unique character.
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
DISCRETIONARY PERMIT
JANUARY 27, 2023
REVISED: OCTOBER 25, 2023
WATERMARKE PROPERTIES, INC.
W FOURTH STREET
N MOUNTAIN AVE.
L.8
15’0’ 30’ 60’ CIRCULATION PLAN
LEGEND
PRIVATE WALKS
RESIDENT ACCESS GATE
PUBLIC WALKS
BUILDING ENTRY
Private Walks
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
DISCRETIONARY PERMIT
JANUARY 27, 2023
REVISED: OCTOBER 25, 2023
WATERMARKE PROPERTIES, INC.
W FOURTH STREET
N MOUNTAIN AVE.
L.815’0’ 30’ 60’ CIRCULATION PLAN
LEGEND
PRIVATE WALKS
RESIDENT ACCESS GATE
PUBLIC WALKS
BUILDING ENTRY
Public Walks
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
DISCRETIONARY PERMIT
JANUARY 27, 2023
REVISED: OCTOBER 25, 2023
WATERMARKE PROPERTIES, INC.
W FOURTH STREET
N MOUNTAIN AVE.
L.815’0’ 30’ 60’ CIRCULATION PLAN
LEGEND
PRIVATE WALKS
RESIDENT ACCESS GATE
PUBLIC WALKS
BUILDING ENTRY
Resident Access Gate
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
DISCRETIONARY PERMIT
JANUARY 27, 2023
REVISED: OCTOBER 25, 2023
WATERMARKE PROPERTIES, INC.
W FOURTH STREET
N MOUNTAIN AVE.
L.815’0’ 30’ 60’ CIRCULATION PLAN
LEGEND
PRIVATE WALKS
RESIDENT ACCESS GATE
PUBLIC WALKS
BUILDING ENTRY
Building Entry
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
DISCRETIONARY PERMIT
JANUARY 27, 2023
REVISED: OCTOBER 25, 2023
WATERMARKE PROPERTIES, INC.
W FOURTH STREET
N MOUNTAIN AVE.
L.815’0’ 30’ 60’ CIRCULATION PLAN
LEGEND
PRIVATE WALKS
RESIDENT ACCESS GATE
PUBLIC WALKS
BUILDING ENTRY
15 408
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
INFRASTRUCTURE AND UTILITIES
Utility infrastructure within the PUD area such as water, sewer, recycled water, and electricity facilities shall connect to existing City infrastructure systems along Mountain Avenue and Fourth Street and propose new facilities within existing utility easements and rights of way.
Each utility shall be buried at varying depths, based on City standard, to create a separated, identifiable system.
Telecommunications
Residential developments within the PUD shall include connections to telecommunications services either through existing overhead cable and telephone lines, through the placement of fiber optic cable, or undergrounding based on site conditions and the City’s discretion.
The Project includes the placement of new fiber optic cable along the northern, southern, and western portions of the Project site with multiple connections made to each building.
Water, Sewer, and Stormwater
Domestic water connections shall be made via the existing domestic water main running below Fourth Street along the southern portion of the PUD area.
The Project includes the placement of one domestic water meter, one domestic water master meter, and one domestic water backflow in the southern portion of the Project site. The Project includes a new recycled water meter connection along the southern portion of the site which would connect to the existing recycled water main below Fourth Street.
The Project proposes a new fire water line connection to the existing domestic water line beneath Mountain Avenue via a double check detector assembly (DCDA). The Project fire water line will follow the path of the secondary driveway and EVA lane to the PUD area’s eastern perimeter where it will continue south along the Project site perimeter. The Project fire water line will then connect to the existing domestic water main below Fourth Street via a DCDA. Multiple points of connection from the fire water line to Project structures will be made within the northern portion of the Project site. Additional fire hydrants will be placed along the southern and western portions of the Project site.
Sewer infrastructure proposed for the Project site will run along the secondary northern driveway and continue along the EVA lane before terminating at a sewer lateral on the northwester portion of the EVA lane. An additional sewer line will branch from the northern line at the secondary entrance of the central parking structure and cross the site from north to south, connecting to a proposed line below Fourth Street.
The Project proposed public sewer main below Fourth Street connecting to an existing sewer main below the intersection of Mountain Avenue and Fourth Street. Multiple sewer lateral connections will be made to the existing sewer main within the sanitary sewer easement adjacent to the eastern border of the Project site. The existing sewer main runs north-south along the Project site before transitioning east between Harvard Place and Fourth Street. Multiple laterals placed along the proposed and existing sewer facilities will form connections to each unit and retail use.
Developments within the PUD area shall provide on-site stormwater drainage facilities which comply with the San Bernardino County Stormwater Program’s Water Quality Management Plan (WQMP) requirements. These facilities may include vegetated swales, depressed landscaped basins, pervious concrete pavement, and underground stormwater retention/infiltration vaults. All proposed Development Plans must prepare a Preliminary Water Quality Management Plan to ensure water quality management.
One underground retarding basin and one underground infiltration chamber will be placed on the western and southwestern portions of the Project site, respectively. A dry well will be placed in the southeastern portion of the site and will connect to the proposed onsite storm drain system.
New storm drainage lines will connect to existing storm drain facilities below Mountain Avenue. The Project storm drain lines will run along the inner perimeter of the PUD area. An underground infiltration chamber will be placed below the southwestern corner of the Project site.
Additionally, an underground retarding basin will be placed below Courtyard 3. A modular wetland, a pump, and a flow control structure will be placed along the southeastern portion of the PUD area.
16 409
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Solid Waste
Individual refuse containers should be provided for each residential unit and collected in group waste bins within trash enclosures for pickup by City Integrated Waste Department. Refuse and recyclable materials collection facilities shall be designed consistent with the City’s Building and Development Code and shall be designed to be consistent with the overall theme of the surrounding PUD area, including materials and aesthetic elements of both the specific area and the overall PUD area. Trash enclosures should be placed throughout the site to allow for waste collection and shall be shielded from pedestrian view. The PUD roadways shall be designed to allow for utility service vehicles (such as waste collection vehicles) to enter and exit the site via Mountain Avenue.
All refuse enclosures shall be located on major drives aisles within developments to achieve adequate circulation for refuse vehicles. Enclosures must be designed so that refuse and recycling containers may be accessed by the generator and serviced by the service provider without moving other bins. To encourage recycling, enclosures designed for a maximum of one (1) bin are prohibited.
All Priority Land Use (PLU) areas (areas which include mixed uses containing residential densities of at least 10 dwelling units per acre) within this Development Plan shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino County Area-Wide MS4 Permit.
Individual refuse and recyclable materials collection pick up and storage locations have been designed for the project. Trash and recycling bins shall be provided for each unit. Two residential trash rooms will be placed in the northeast and southwest corner of the parking structure. First floor residents are able to dispose of their trash in either of these rooms. Each subsequent floor of the residential structure will have access to garbage chutes also located in the northeast and southwest corner of the parking structure. These chutes deposit refuse directly into the first-floor trash rooms.
A retail trash enclosure is also provided in the southwest corner of the central parking structure.
Scout trucks will be used to consistently monitor trash levels and transfer full containers to the main trash enclosure on the north side of the PUD area. The bins within the trash enclosure will be picked up by the City’s Integrated Waste Department. The City’s Integrated Waste Department will utilize the secondary northern driveway as site access. This process of trash retrieval will be shielded from view will be made efficient through the creation of a truck access lane attached to the secondary entrance driveway. 17 410
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Utility Screening
All ground mounted equipment within the PUD area shall be screened and designed to not detract from the architecture of the Project site.
Air conditioners, and other utilities, shall be screened from adjoining properties and public rights or way by a visual barrier. Water, sewer, telecommunication, and electricity utility lines shall be buried underneath roadways to not only shield them from public view, but also to ensure their protection from hazards such as precipitous weather and rodents.
Utility buildings shall be installed/designed to incorporate architectural elements or screening or to be placed in a manner to reduce visual impacts to the community. Roof mounted equipment, including ladders and antenna devices, shall be located and/or screened so that it is not visible from streets and adjacent buildings; or shall be designed to be integrated to the building’s form where possible. Roof decks and rooftop mechanical units may be visible from adjacent developments and therefore shall be screened and painted to match the finish of the roofing material in order to be as unobtrusive as possible. Rooftop levels shall therefore be developed with parapets which encircles and rooftop area which contains rooftop mechanical equipment in order to further shield them from view. Rooftop parapets should be designed to match the materials and color scheme of the adjacent portion of the building. Roof decks should be designed to match or compliment materials and colors used in the adjacent portions of the building and create a sense of consistency between building components. 18 411
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
DEVELOPMENT STRATEGY
Nonresidential uses (i.e., retail and office), within the PUD area shall be developed at a maximum intensity of 1.0 FAR. Residential density within the PUD area shall range from a minimum of 25 du/ac to a maximum of 75 du/ac. These densities are consistent with development standards established for City’s MU-8b zones.
The Project proposes the creation of 3,800 square feet of retail/office space along the PUD area’s Fourth Street frontage. Project retail/office uses are proposed at an intensity of 0.02 FAR. The Watermarke Ontario Project proposes the creation of 357 multifamily residential units with an overall density of 61.5 du/ac.
The Project’s 357 residential units would consist of studio, 1-bedroom, and 2-bedroom apartment units. The studio units are available in one floorplan and the 1- and 2-bedroom units are available in three floorplans. The PUD floorplans range in size from 576 square feet to 1,172 square feet. Table 3: Floor Plan Standards details the dimensions and development standard of each of the three available floor plans.
Table 3: Floor Plan Standards
Floor Plan # Bedrooms Bathrooms Square Feet Unit Count
5 1 Studio 1 576 50
A
1 1 1
696 138
2 707 62
3 891 2
B
1 2 2
1,080 62
2 1,172 6
3 1,138 37
19 412
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Ground-Level Building Plan
SECTION
A
SECTION
A
SECTION
B
SECTION
B
~70 STALLS THIS LEVEL
(INCL. 16 RETAIL)
RAMP
UP
5%
W FOURTH ST
N MOUNTAIN AVE
W
HARVARD
PL
EVA
EVA
15' BLDG OFFSET
LEASING /
LOUNGE
FITNESS
CLUBROOM
POOL
EQUP.
RR
BREEZEWAY
BREEZEWAY
TRASH
MPOE.TRASH ELEC.
2,550 SF
2-STORY VOL.
1-STORY
2-STORY
2-STORY
1-STORY
VEHICULAR ENTRY
BREEZEWAY
ADJACENT SITE
(N.I.C.)
FAN
RM
FAN
RM
LOBBY
TR
TR
RAMP
DN
5%
ELEV.
RM
ELEV.
RM
RETAIL
3,800 SF
2-STORY VOL.
RETAIL
TRASH
LOADING
LINE OF UNITS ABOVE
GUEST /
DROP-OFFRESIDENT
MAIL / PARCEL
1,300 SF
2-STORY VOL.
196'-0" 269'-0" 206'-10"
122'-6" 42'-10" 71'-0"
71'-0"58'-0"71'-0"118'-4"
70'-0"
119'-0"
116'-0"
MAINT.
ELEC.
ELEC.
ELEC.T
T
T
T
A2
A2
A2
A2
A2
A2A2
A2
A2
A2
B3
A1
B3
B2
S1
B3
S1 A1
A1A1
S1 A1
A2
A2
A1 B3
B3A1
B1
S1
B3B3
A1
S1
S1
A1
B1
B1
B1
A1
B1
S1
A1
A1 A1
A1
A1A1
A1
A1
A1
A1
A1
A1
B1B1B1
EXTENDED FACADE
ABOVE
SETBACK
38'-0"
35'-4"
1096.0'
COURTYARD 1
COURTYARD 2
COURTYARD 3
TURN
AROUND
SPACE
GATE
GATE
GATE
(CLOSED AFTER
HOURS)
LEASING & RETAIL
PARKING
RESIDENT PARKING
A1 A1
B1A3
A3
S1S1
A1A1
A1
A2
A2
B3
A1A1 A1
TRELLIS ABOVE
421'-0"
134'-0"
186'-6"
B1
A1
(CLOSED AFTER
HOURS)
MAIL
B.O.H. B.O.H.
GATE RESIDENT PARKING
S
ELEV.
RM
A1A1
EVA
A1.1
EXISTING BUS
STOP
6'-0"
A1
126'-2"
30'-7"
1096.0'
1095.0'
1095.0'
1093.2'
1096.0'
1095.8'
1096.0'
1097.4'
1096.0'
1096.0'
1089.1'
1095.8'1096.0'
1095.4'
1103.2'
MIN.
24'-0"
VANPOOL
SETBACK
41'-11"
SETBACK
43'-6"
SETBACK
42'-7"
SETBACK
45'-7"
SETBACK
35'-5"
SETBACK
18'-8"
SETBACK
18'-4"
SETBACK
18'-6"
SETBACK
16'-10"
SHOWERS
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEV
SECTION
C
SECTION
C
(ONE WAY)
FCC
SECURITY GATE
W/KNOX BOX FOR
FIRE ACCESS ONLY
SECURITY GATE
W/KNOX BOX
FOR FIRE
ACCESS ONLY
S1 S1 S1
TRASH TRUCK
HAMMERHEAD
TEMPLATE
5.8 AC
357 DU
TYPE V - 4 LEVEL
61.5 DU/AC
AVRG. UNIT SF - 803SF
UNIT MIX
14% STUDIO
57% 1BED
29% 2BED
RETAIL - 3,800 SF
PROJECT SUMMARY
TYPE I - 6 LEVEL STRUCTURE
659 TOTAL STALLS (INCLUDES 16 RETAIL)
@ 1.8 PARKING RATIO
PARKING
TOTALS: 357 DU / 659 STALLS
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO DISCRETIONARY PERMIT ONTARIO, CALIFORNIA 08-14-2023
A-1.0LEVEL 1 - FLOOR PLAN (PHASE II)
TCA# 2021-079
*ALL TRANSFORMERS TO BE SCREENED FROM VIEW
THROUGH THE USE OF LANSCAPING AND/OR MASONRY
WALLS.
**MOUNTAIN AVE & FOURTH ST SHALL BE SIGNED "NO
STOPPING ANY TIME" ALONG PROPERTY FRONTAGE.
***WHEEL STOPS TO BE PROVIDED AT PARKING STALLS
NOTE: STRIPING OF PARKING SPACES, AISLES, AND
DRIVEWAYS CONFORMING TO THE PROVISIONS OF
DEVELOPMENT CODE DIVISION 6.03 (OFF-STREET PARKING
AND LOADING), AND DIRECTIONAL SIGNS CONFORMING TO
THE PROVISIONS OF DEVELOPMENT CODE DIVISION 8.01
(SIGN REGULATIONS), SHALL BE PROVIDED.
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-730’0’ 60’ 120’ GROUND LEVEL BUILDING PLAN
20 413
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
SECTION
A
SECTION
A
SECTION
B
SECTION
B
~114 STALLS / LEVEL
RAMP UP
5%
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
EVA
LOBBY
TRASH
ADJACENT SITE
(N.I.C.)
DN
5%
FAN
RM
FAN
RM
TRASH
PARKING
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
B3
A1
B3
B2
S1
B3
S1 A1
A1A1
S1 A1B1B3
A2
A2
B1 B3
B3A1
B1
S1
B3B3
A1
S1
S1
B1
B1
B1
B1
A1
B1
S1S1
A1A1
A1
A2
A2
B3
S1
A1
A1
A1
A1
A1A1
A1
A1
A1
A1
A1
A1
A1A1
B1B1B1
B1
B1
EXTENDED FACADE
COURTYARD 1
COURTYARD 2
COURTYARD 3
RETAIL
BELOW
LINE OF UNITS ABOVE
LEASING /
LOUNGE BELOWVEHICULAR
ENTRY BELOW
MAIL / PARCEL
BELOW
FITNESS
BELOW
CLUBROOM
BELOW
B3 A1
A1 A1
196'-0" 269'-0" 206'-10"
122'-6"
42'-10"
71'-0"
71'-0"
58'-0"
71'-0"
118'-4"
70'-0"
421'-8"
134'-4"
186'-6"
S1 A1 A1A1.1
A1
MIN.
24'-0"
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEV
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
SECTION
C
SECTION
C
S1 S1
OPEN TO
BELOW
5.8 AC
357 DU
TYPE V - 4 LEVEL
61.5 DU/AC
AVRG. UNIT SF - 803SF
UNIT MIX
14% STUDIO
57% 1BED
29% 2BED
RETAIL - 3,800 SF
PROJECT SUMMARY
TYPE I - 6 LEVEL STRUCTURE
659 TOTAL STALLS (INCLUDES 16 RETAIL)
@ 1.8 PARKING RATIO
PARKING
TOTALS: 357 DU / 659 STALLS
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
A R C H I T E C T S
N
0' 20'10' 40'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO DISCRETIONARY PERMIT ONTARIO, CALIFORNIA 08-14-2023
A-1.1LEVEL 2 - FLOOR PLAN (PHASE II)
TCA# 2021-079
*WHEEL STOPS TO BE PROVIDED AT PARKING STALLS
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-830’0’ 60’ 120’ 2ND LEVEL BUILDING PLAN
2nd Level Building Plan
21 414
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
SECTION
A
SECTION
A
SECTION
B
SECTION
B
ADJACENT SITE
(N.I.C.)
~114 STALLS / LEVEL
RAMP UP
5%
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
EVA
LOBBY
ADJACENT SITE
(N.I.C.)
DN
5%
FAN
RM
FAN
RM
EXTENDED PATIO DECKS (THIS LEVEL ONLY)
TRASH
TRASH
S1S1
A1A1
A1
A2
A2
B3
A1A1
EDGE OF BLDG BELOW
EXTENDED PATIO DECKS
(THIS LEVEL ONLY)
EXTENDED FACADE
PARKING
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
B3
A1
B3
B2
S1
B3
S1 A1
A1A1
S1 A1B1B3
A2
A2
B1 B3
B3A1
B1
S1
B3B3
A1
S1
S1
B1
B1
B1
B1
A1
B1
S1
A1
A1
A1
A1
A1A1
A1
A1
A1
A1
A1
A1
B1B1B1
B1
B1
B1 A1 A1 B1 B1 S1 B2
B1
A1
B1
COURTYARD 1
COURTYARD 2
COURTYARD 3
B3 A1
A1 A1
196'-0" 269'-0" 206'-10"
122'-6"
42'-10"
71'-0"
71'-0"
58'-0"
71'-0"
118'-4"
70'-0"
421'-8"
134'-4"
186'-6"
S1 A1 A1
B1
A1.1
A1
MIN.
24'-0"
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEV
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
SECTION
C
SECTION
C
B1 S1 S1
5.8 AC
357 DU
TYPE V - 4 LEVEL
61.5 DU/AC
AVRG. UNIT SF - 803SF
UNIT MIX
14% STUDIO
57% 1BED
29% 2BED
RETAIL - 3,800 SF
PROJECT SUMMARY
TYPE I - 6 LEVEL STRUCTURE
659 TOTAL STALLS (INCLUDES 16 RETAIL)
@ 1.8 PARKING RATIO
PARKING
TOTALS: 357 DU / 659 STALLS
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO DISCRETIONARY PERMIT ONTARIO, CALIFORNIA 08-14-2023
A-1.2LEVEL 3 - FLOOR PLAN (PHASE II)
TCA# 2021-079
*WHEEL STOPS TO BE PROVIDED AT PARKING STALLS
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-930’0’ 60’ 120’ 3RD LEVEL BUILDING PLAN
3rd Level Building Plan
22 415
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
SECTION
A
SECTION
A
SECTION
B
SECTION
B
ROOF DECK
~114 STALLS / LEVEL
RAMP UP
5%
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
EVA
EVA
EVA
LOBBY
ADJACENT SITE
(N.I.C.)
DN
5%
FAN
RM
FAN
RM
RR
TRASH
TRASH
S1S1
A1A1
A1
A2
A2
B3
A1A1
EXTENDED FACADE
A1
PARKING
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A2
A1
B3
B2
S1
B3
S1 A1
A1A1
S1 A1B1B3
A2
A2
B1 B3
B3A1
B1
S1
B3B3
A1
S1
S1
B1
B1
B1
B1
A1
B1
S1
A1
A1
A1
A1A1
A1
A1
A1
A1
A1
A1
B1B1
B1
B1
B2
B1
A1
B1
COURTYARD 1
COURTYARD 2
COURTYARD 3
B3 A1
A1 A1
TRELLIS ABOVE
195'-9 1/2" 269'-0" 206'-10"
120'-11"
42'-10"
71'-0"
71'-0"
58'-0"
71'-0"
118'-4"
70'-0"
421'-8"
134'-4"
186'-6"
S1 A1 A1
A1 B1 A1 A1 B1 B1 S1 B1
A1.1
A1
MIN.
24'-0"
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEV
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
SECTION
C
SECTION
C
B1 S1 S1
5.8 AC
357 DU
TYPE V - 4 LEVEL
61.5 DU/AC
AVRG. UNIT SF - 803SF
UNIT MIX
14% STUDIO
57% 1BED
29% 2BED
RETAIL - 3,800 SF
PROJECT SUMMARY
TYPE I - 6 LEVEL STRUCTURE
659 TOTAL STALLS (INCLUDES 16 RETAIL)
@ 1.8 PARKING RATIO
PARKING
TOTALS: 357 DU / 659 STALLS
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N
0' 20'10' 40'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO DISCRETIONARY PERMIT ONTARIO, CALIFORNIA 08-14-2023
A-1.3LEVEL 4 - FLOOR PLAN (PHASE II)
TCA# 2021-079
*WHEEL STOPS TO BE PROVIDED AT PARKING STALLS
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-1030’0’ 60’ 120’ 4TH LEVEL BUILDING PLAN
4th Level Building Plan
23 416
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
SECTION
A
SECTION
A
SECTION
B
SECTION
B
~118 STALLS THIS LEVEL
RAMP UP
5%
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
ADJACENT SITE
(N.I.C.)
DN
5%
FAN
RM
FAN
RM
EDGE OF
ROOF
ELEV.
OVERRUN
MECH. UNITS
(TYP.)
ROOF
DECK
BELOW
EXTENDED FACADE
EXTENT OF PARKING
DECK ABOVE
340'-0"
EXTENDED DECKS
BELOW
BOILER
PAD
BOILER
PAD
BOILER
PADDOWNSPOUT
W/ROOF
GUTTER TYP.
CORRIDOR BELOW
CORRIDOR BELOW
ROOF DECK
CANOPY
BELOW TYP.
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
POTENTIAL PV AREA
LOW ROOF BELOW
AC CONDENSERS
TYP.
MIN.
24'-0"
PARKING
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEV
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
SECTION
C
SECTION
C
5.8 AC
357 DU
TYPE V - 4 LEVEL
61.5 DU/AC
AVRG. UNIT SF - 803SF
UNIT MIX
14% STUDIO
57% 1BED
29% 2BED
RETAIL - 3,800 SF
PROJECT SUMMARY
TYPE I - 6 LEVEL STRUCTURE
659 TOTAL STALLS (INCLUDES 16 RETAIL)
@ 1.8 PARKING RATIO
PARKING
TOTALS: 357 DU / 659 STALLS
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N
0' 20'10' 40'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO DISCRETIONARY PERMIT ONTARIO, CALIFORNIA 08-14-2023
A-1.4LEVEL 5 - FLOOR PLAN
TCA# 2021-079
NOTE: ROOFING MATERIAL TO BE SINGLE PLY TPO.*WHEEL STOPS TO BE PROVIDED AT PARKING STALLS
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-1130’0’ 60’ 120’ 5TH LEVEL PLAN
(RESIDENTIAL ROOF)
5th Level Building Plan
24 417
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
SECTION
A
SECTION
A
SECTION
B
SECTION
B
~123 STALLS THIS LEVEL
RAMP
W FOURTH ST
N MOUNTAIN AVE
W HARVARD
PL
ADJACENT SITE
(N.I.C.)
DN
5%
FAN
RM
FAN
RM
OUTLINE OF BUILDING
PARAPET BELOW
TURN AROUND SPACE
PARKING (WITH
POTENTIAL PV ABOVE
THIS LEVEL)
340'-0"
131'-0"
ELEV.
RM
STAIR TOWER BELOW
(TYP.)
MIN.
24'-0"
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
EVEVEVEVEVEVEV
EVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEV
SECTION
C
SECTION
C
5.8 AC
357 DU
TYPE V - 4 LEVEL
61.5 DU/AC
AVRG. UNIT SF - 803SF
UNIT MIX
14% STUDIO
57% 1BED
29% 2BED
RETAIL - 3,800 SF
PROJECT SUMMARY
TYPE I - 6 LEVEL STRUCTURE
659 TOTAL STALLS (INCLUDES 16 RETAIL)
@ 1.8 PARKING RATIO
PARKING
TOTALS: 357 DU / 659 STALLS
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N
0' 20'10' 40'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO DISCRETIONARY PERMIT ONTARIO, CALIFORNIA 08-14-2023
A-1.5LEVEL 6 - FLOOR PLAN
TCA# 2021-079
*WHEEL STOPS TO BE PROVIDED AT PARKING STALLS
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-1230’0’ 60’ 120’ 6TH LEVEL BUILDING PLAN
(GARAGE ROOF)
6th Level Building Plan (Parking Structure Roof)
25 418
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
SECTION
A
SECTION
A
SECTION
B
SECTION
B
RAMP
UP
5%
FAN
RM
TURN AROUND SPACE
RESIDENT PARKING
EXTENT OF GARAGE ABOVE
BIKE STORAGE
SECTION
A
ENLARGED
SECTION
A
ENLARGED
SECTION
C
SECTION
C
STANDARD
& TANDEM
STALL SIZES:
9'-0"
19'-0"
HC VAN HC
9' - 0"
8' - 0"
9' - 0"
5' - 0"
18' - 0"
18' - 0"
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N
0' 20'10' 40'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 08-14-2023
A-1.9LEVEL B1 - FLOOR PLAN
TCA# 2021-079
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-1330’0’ 60’ 120’ B1 BASEMENT LEVEL
B1 Basement Level
26 419
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
KING
A1
696 SF
12'-6" 11'-6"
24'-0"
6'-0"26'-0"
32'-0"
33' - 8"
27' - 0"
LIVING BEDROOM
BATH
12'-6" x 12'-6"12'-6" x 14'-9"
W.I.C.
L
DECK
KITCHEN
P
C
A R C H I T E C T S
0' 4'2' 8'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO
ONTARIO, CALIFORNIA 08-04-2022
TYPE A UNIT PLANS
TCA# 2021-079
1/4" = 1'-0"1 SD Unit-A1
1/4" = 1'-0"2 SD Unit-A2
1/4" = 1'-0"3 SD Unit-A3
4'-0"
17'-10"
32'-0"
23'-10"
32'-0"
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-234’0’ 8’ 16’ TYPICAL UNIT PLANS
STUDIO & 1 BED
UNIT S1
STUDIO / 1 BATH
UNIT A1
1 BEDROOM / 1 BATH
UNIT A2
1 BEDROOM / 1 BATH
Typical Unit Plans | Studio & 1 Bed
27 420
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
KING
KING
38' - 1"
BEDROOM
MASTER BEDROOM
LIVING
C
W.I.C.
DECK
BATHM. BATH
ENTRY
KITCHEN / DINING
P
13'-5" x 13'-8"
11'-0" x 13'-6"
11'-0" x 13'-8"
W.I.C.
35'-1"
LL
A R C H I T E C T S
WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO
ONTARIO, CALIFORNIA 08-15-2TCA# 2021-079
1/4" = 1'-0"1 SD Unit-B3
KING KING
KING
BEDROOM
BATH
ENTRY
P
11'-0" x 13'-6"
W.I.C.
35'-1"
L
11'-7" 17'-6"
28'-7 1/2" 20'-0"
29'-1"
48'-7 1/2"
MASTER
BEDROOM
12'-0" x 12'-0"
W.I.C.
DECK
COAT
KITCHEN
P
BATH
L
LINEN
BATH
L
LIVING
14'-9" x 11'-8"
W.I.C.
BEDROOM 2
11'-1" x 11'-9"
LINEN
32'-0"
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-244’0’ 8’ 16’ TYPICAL UNIT PLANS
2 BEDS
UNIT B2
2 BEDROOM / 2 BATH
UNIT B3
2 BEDROOM / 2 BATH
UNIT B1
2 BEDROOM / 2 BATH
TABLE
Typical Unit Plans | 2 Beds
28 421
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
DESIGN GUIDELINES
The following design guidelines are intended as a reference to assist the designer in understanding the City’s goals and objectives for high quality commercial development. The guidelines contained here are consistent with the standards presented in Table 1: Applicable Development Standards above.
The design guidelines provided in this section are designed to be compatible with the vision of the Mixed-Use Neighborhood Activity Hub and provide site specific guidance for the development of the project area. The design guidelines in this PUD are intended to provide direction to developments within the PUD area. The guidelines will be utilized during the City’s development review process to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the project designer(s).
Building Orientation
Building frontages shall be oriented towards Fourth Street. Frontages should be enhanced with entry elements, interesting architecture, enhanced materials, and pedestrian scale to provide connection between the development and the street. Fourth Street shall provide primary access to the site with Mountain Avenue acting as a secondary access point. Retail uses developed within the PUD area shall have entrances oriented toward Fourth Street. Indoor residential amenities (e.g., gyms and common areas) may be oriented towards interior pedestrian open spaces.
The Project will consist of one large multifamily building with integrated retail and parking uses. The Project will be developed as a wrapped style development with one central multilevel parking structure surrounded on all sides by residential units, retail uses, and amenities.
The building will be developed with inset amenity spaces, courtyards, and additional pedestrian accessways. This will allow a natural, organic buffer to occur between the building and any surrounding roadway or development. Each side of the building will be designed to be aesthetically pleasing to any passersby; however, the main side will be oriented toward Fourth Street. The rear entry, adjacent to Mountain Avenue, will be a secondary elevation/frontage. Residential units will have their entryways oriented toward the inside of the complex with balconies and windows facing the exterior of the complex. Pathways to each unit will also be placed within the complex and connect with separate pedestrian pathways that lead to external portions of the complex. 29 422
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Setbacks
Buildings within the PUD area shall maintain a minimum setback of 10 feet from the front and interior side PUD area boundaries. Additionally, buildings within the PUD area shall maintain a minimum setback of 10 feet from adjacent arterial, collector, and local streets.
Landscaping shall be used within each setback to soften each building’s appearance as well as designed with windows or design elements.
The use of a 10-foot setback for the sides of buildings adjacent to adjacent residentially zoned parcels would allow for a softer transition to nearby residential uses.
The Project will maintain a minimum setback of 10 feet for front, side, and all street setbacks. All unimproved setback areas within the Project area will be landscaped.
Architectural Character/Details
Building frontages along Fourth Street must be developed to be visually appealing with enhanced materials and landscaping. Building signage and addresses should be clearly visible from the street. Residential and Non-Residential land uses should be visually distinguishable from each other while maintaining an overall theme with the building frontage through the use of similar materials and color palette.
Buildings within the PUD area should be designed so that each side of the building is visually consistent within itself while not needing to be consistent with other sides. However, the complimentary usage of materials and color pallets should be implemented to ensure unity among each side of the building.
The Project’s main building will include a break in design between the first floor and the remaining floors to create a natural separation between the mixed uses present on the ground floor and the residential uses in subsequent floors. The overall building will be designed in a contemporary modern style with aesthetically pleasing geometric symmetry between features and units as well a mixture of materials and colors.
Architectural variety will also be used in each façade through a blending of materials including cement board tiles and stone veneer and balconies with metal panel railings. Each level beyond the first story will be expanded beyond the footprint of the first level.
Important or unique portions of the building (such as the retail use or leasing office) will be emphasized through an expanded footprint and large glass frontages. The extended footprint will terminate at the third story and provide differentiation of the points of interest from the remaining residential units. The retail and leasing office will also act as the building frontage, with both on either side of the main entryway.
North Elevation
30 423
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Massing and Scale
Parking areas should be inset within the PUD area and placed behind buildings. Parking areas within the PUD area shall be a maximum of two stories higher than the nearest residential building.
Taller structures should be centered within the PUD area, with shorter structures developed along the perimeter of the PUD area and the tallest structure at the center of the PUD area. Shorter structures shall not be placed behind taller structures along roadway adjacent portions of the site. This will allow for adequate shielding form views along public roadways. No buildings shall exceed a maximum height of 65 feet, inclusive of rooftop utility facilities and attachments.
Buildings shall not be placed continuously along the entirety of the PUD perimeter. The PUD perimeter shall be broken up with buildings, landscaping, courtyards, and other pedestrian features in order to encourage visual dynamism.
Material and/or color variations should be applied to building facades based on internal architecture. For example, balconies and stairwells should vary in design from the outer walls of residential or retail uses. These variations should be implemented through the use of complimentary materials and colors.
First story developments should be distinguishable from subsequent stories along each building through the use of separate, but complimentary design features such as materials and colors.
The Project will be developed as a wrapped mixed use apartment complex with a single building encircling a central multi-level parking structure. All unit entries will be accessed within a central hallway and around internal courtyards within the site and around centralized amenity spaces within the lot. All four levels of the mixed use building will present the same footprint, with the only variance being a reduced footprint for third and fourth floor units directly above the leasing office and retail use. Third floor balconies will be extended to create overhangs adjacent to the western portion of Courtyard 1 and above the leasing office and retail use.
The central parking structure will be six stories in the center of the apartment complex. The parking structure will extend beyond the overall height of the residential structures but will not expand the overall footprint. The Project’s proposed central parking structure will be the tallest building on the Project site with an approximate 63-foot elevation. Ground level amenities will be within interior courtyards and along the outer perimeter of the main building. These amenities are intended to be accessed with minimal walls/structures blocking access to the facilities.
Each building and amenity is designed to be accessed via pedestrian travel with vehicular access capability limited to the entry driveways and the central parking structure. Emergency vehicles may also utilize the EVA running between the Mountain Avenue entrance to Harvard Place.
South Elevation
31 424
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Building Sections
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
(BUILDING BEYOND)
GARAGE
(BUILDING BEYOND)
UNIT UNIT
CLUBROOM
COURTYARD
3'-6"
10'-1"10'-1"10'-1"10'-1"
3'-6"10'-1"10'-1"10'-1"10'-1"
43'-10"
COURTYARD
PL PL
SHAFT
LEVEL 4
LEVEL 3
LEVEL 2
LEVEL 1
LEVEL 5
LEVEL 6 AC CONDENSERS
TYP.
AC CONDENSERS
TYP.
TOP OF ELEVATORS TOP OF FAN ROOM
(NOT A PART)N
MOUNTAIN
AVE
PARKWAY
SETBACK
38'-0"
UNIT GARAGE UNIT
LEASING
TRASH
3'-6"
10'-1"10'-1"10'-1"10'-1"
20'-2" 10'-1" 10'-1" 3'-6"
43'-10"
PL PL
AC CONDENSERS
TYP.
LEVEL 4
LEVEL 3
LEVEL 2
LEVEL 1
LEVEL 5
LEVEL 6
ELEC.
AC CONDENSERS
TYP.
SETBACK
49'-0"
PLPL
EVAEVA
UNITS (NOT A PART)SETBACK
45'-7"
SETBACK
43'-6"
(BUILDING BEYOND)
UNIT
CLUBROOM
3'-6"
10'-1"10'-1"
43'-10"
COURTYARD
PL
AC CONDENSERS
TYP.
SETBACK
38'-0"
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 03-27-2023
A-3.0OVERALL BUILDING SECTIONS
TCA# 2021-079
1" = 30'-0"1 SECTION A
1" = 30'-0"2 SECTION B
1" = 30'-0"3 SECTION C
1/16" = 1'-0"4 SECTION A ENLARGED
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-2116’0’ 32’ 64’ BUILDING SECTIONS
A R C H I T E C T S
N
0' 30'15' 60'WATERMARKE PROPERTIES, INCWATERMARKE ONTARIO ONTARIO, CALIFORNIA 07-21-2022
A-1.KEY MAP
TCA# 2021-079
A A
CC
B
B
KEY MAP
32 425
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Materials and Color
Materials used within the PUD area should exhibit permanence and quality, thematically unifying a building’s appearance on all sides; materials and colors should accentuate the architectural details of the building and promote visual harmony. Brick, tile, pre-cast architectural concrete, wood, stone veneers, metal grating, or stucco are preferred.
Multiple materials and colors should be used on each building façade to create a sense of visual dynamism and interest.
Materials and colors present in the Project will consist of a blending of naturally occurring colors found in organic landscaping components as well as complimentary earth tones to create a bright, visually appealing and modern structure. Table 4: Material Palette and Table 5: Color Palette and summarize both the non-landscape colors and materials present within the Project. 10'-1"
LEVEL 1
10'-1" 10'-1"10'-1"
3'-6"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 43'-10"
10'-1"
LEVEL 1
10'-1" 10'-1"10'-1"
5'-0"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 45'-4"
6'-6"
5'-0" 5'-4"
T.O.P.
T.O.STAIR
T.O.P.
T.O.STAIR
PLASTER SKIM COAT OVER
WATERPROOF MEMBRANE
ON GARAGE TYP.
PLASTER SKIM COAT OVER
WATERPROOF MEMBRANE
ON GARAGE TYP.
+/- 63'-0" STAIR / ELEVATOR TOWER (TYPE I)
+/- 63'-0" STAIR / ELEVATOR TOWER (TYPE I)
FENCE
- SEE LANDSCAPE L.7
WALL
- SEE LANDSCAPE L.7
10'-1"
LEVEL 1
10'-1" 10'-1"10'-1"
3'-6"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 43'-10"
6'-6"
T.O.P.
T.O.STAIR
+/- 63'-0" STAIR / ELEVATOR TOWER (TYPE I)
PLASTER SKIM COAT OVER
WATERPROOF MEMBRANE
ON GARAGE TYP.
PL
W
ON
WALL - SEE LANDSCAPE L.7
WALL
- SEE LANDSCAPE L.7
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-25MATERIALS
W WP2P4 P5 P3 P1 P2 P4WS B SDR MRVC
P - Plaster - Omega - Colortek
Partial West Elevation Partial North Elevation
1) 2) 3) 4) 5)
SW 9163 TIN LIZZIE SW 7068 GRIZZLE GRAY SW 9100 UMBER RUSTSW 0032 NEEDLEPOINT NAVY SW 7140 SNOWBERRY SF - StorefrontB - Block Veneer
Westbrook Concrete Block - Ground Face- 48
DR - Decorative Metal Panel Railing
BOK MODERN or Equal
VC - Vertical Cement Board Tiles
(Hardie Smooth Sand Panels)
WS - Wood-Like Siding Accent
(Hardie Multi-Groove Panels)
MR - Metal Picket Railing
10'-1"
LEVEL 1
10'-1" 10'-1"10'-1"
3'-6"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 43'-10"
10'-1"
LEVEL 1
10'-1" 10'-1"10'-1"
5'-0"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 45'-4"
6'-6"
5'-0" 5'-4"
T.O.P.
T.O.STAIR
T.O.P.
T.O.STAIR
PLASTER SKIM COAT OVER
WATERPROOF MEMBRANE
ON GARAGE TYP.
PLASTER SKIM COAT OVER
WATERPROOF MEMBRANE
ON GARAGE TYP.
+/- 63'-0" STAIR / ELEVATOR TOWER (TYPE I)
+/- 63'-0" STAIR / ELEVATOR TOWER (TYPE I)
FENCE
- SEE LANDSCAPE L.7
WALL
- SEE LANDSCAPE L.7
10'-1"
LEVEL 1
10'-1" 10'-1"10'-1"
3'-6"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 43'-10"
6'-6"
T.O.P.
T.O.STAIR
+/- 63'-0" STAIR / ELEVATOR TOWER (TYPE I)
PLASTER SKIM COAT OVER
WATERPROOF MEMBRANE
ON GARAGE TYP.
PL
W
ON
WALL - SEE LANDSCAPE L.7
WALL
- SEE LANDSCAPE L.7
WATERMARKE ONTARIO
ONTARIO, CALIFORNIA
TCA # 2021-079
WATERMARKE PROPERTIES, INC. DISCRETIONARY PERMIT RESUBMITTAL AUGUST 15, 2023
A-25MATERIALS
W WP2P4 P5 P3 P1 P2 P4WS B SDR MRVC
P - Plaster - Omega - Colortek
Partial West Elevation Partial North Elevation
1) 2) 3) 4) 5)
SW 9163 TIN LIZZIE SW 7068 GRIZZLE GRAY SW 9100 UMBER RUSTSW 0032 NEEDLEPOINT NAVY SW 7140 SNOWBERRY SF - StorefrontB - Block Veneer
Westbrook Concrete Block - Ground Face- 48
DR - Decorative Metal Panel Railing
BOK MODERN or Equal
VC - Vertical Cement Board Tiles
(Hardie Smooth Sand Panels)
WS - Wood-Like Siding Accent
(Hardie Multi-Groove Panels)
MR - Metal Picket Railing
Partial West Elevation
Partial North Elevation
33 426
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Table 4: Material Palette
Material Location
(P) Plaster Main material; north, south, east, and west façade. (B) Block Veneer Accent material; north, south, east, and west façade. (WS) Wood-Like Siding Accent Accent material; west façade. (VC) Vertical Cement Board Tiles Main material; south and west façade. (SF) Storefront Retail use; north façade.
(DR) Decorative Metal Panel Railing Main material; south, east, and west units.
Accent material; north façade.
(MR)Metal Picket Railing Main material; north, east, and west façade. 34 427
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Table 5: Color Palette
Color Location
(1) Needlepoint Accent color; north and south façade.
(2) Snowberry
Accent color; north and south façade.
Main color, east and west façade.
(3) Tin Lizzie Accent color; east façade.
Main color; north and south façade.
(4) Grizzle Gray Trim color; north, south, east, and west façade. (5) Umber Rust Accent color; north, east, and west façade. 35 428
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
LANDSCAPE STANDARDS
A conceptual landscape plan shall be submitted along with the Development Plan for any project within the PUD area for review by the City Landscape Planning Division. The plan shall specify all landscaping and hardscape for the entire project site. Detailed Landscape and Irrigation Plans shall be required prior to the issuance of building permits. The detailed plans shall show location of ground mounted utility boxes and equipment, along with the methods of screening for these items from the public right-of-way and adjacent residences where possible. The irrigation system shall be designed to utilize recycled water pursuant to State and local codes, ordinances, and laws, and applicable building and plumbing codes.
The Landscape Plan should support and enhance the mixture of retail and residential uses within the PUD area. Landscaping within the PUD area should be used to accentuate transitions from adjacent uses, define circulation patterns within the PUD area, screen parking areas from the street, highlight entries, provide shade for parking areas and outdoor seating areas, and to soften the appearance of any buildings.
Landscaping shall be completed for any setback areas from public roadways and internal communal or gathering spaces, excluding areas devoted to building area, paving, and/or outdoor loading and storage areas that are screened from public view.
The Project’s building design creates a series of open courtyards between each wing of the building providing a private, attractive open space area for the tenants use. These spaces are further enhanced with distinctive planting, landscape and amenity features, making them unique and enjoyable to the residents. The planting palette for the Project was chosen to establish a strong, memorable landscape while also providing a buffer between the PUD area and external uses. Exciting recreational structures and well landscaped pathways lead and invite residents to enjoy the central open space amenities or create a convenient walking path for evening exercise. 36 429
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Open Space Areas
Private open space shall be provided for each dwelling consistent with development code standards and may include balconies or ground level patios. When located on the ground level, private open space shall be screened from public view by landscaping, courtyard walls or privacy fences. Common open space shall be provided to allow for passive and active types of recreation, along with site landscaping amenities for residents and their guests.
The Watermarke Ontario Project includes the following open space areas:
• Three courtyards,
• One pocket park,
• Intimate seating areas,
• A lounge deck,
• And retail frontage.
37 430
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
West Courtyard
The West Courtyard functions as a communal outdoor dining space for residents. This outdoor space includes a built-in barbecue grill structure and large communal dining table. An attached yard provides multipurpose uses with lounge seating and an open lawn area that can be used for a variety of purposes. The West Courtyard is located on the western portion of the PUD area. 38 431
WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT
Pool Courtyard
The Pool Courtyard provides a private, resort style pool experience for residents to. The courtyard’s pool deck includes one 60’x18’ resort pool and an 8’x16’ spa. The surrounding areas include lounge chairs, chaise lounges, and pool chairs. Additional amenities within the Pool Courtyard include an outdoor fitness area directly outside of the indoor fitness room, and shaded dining areas.
The pool courtyard includes an adjacent seating area for residents to sit and relax along internal pathways leading from the pool area to Fourth Street.
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The Hangout Courtyard
The Hangout Courtyard provides a casual recreational setting for Project residents. This courtyard allows for recreational activity within a multi- activity game lawn. Residents may rest beneath the specimen tree grove or on other benches provided within this courtyard. Nighttime activity is encouraged through the use of festival lighting throughout this courtyard.
Pocket Parks
One pocket parks will be provided adjacent to the eastern boundary of the PUD area. The pocket park provides small open spaces for the community to access. The Game Court pocket park open space area includes a corn hole play area, a tree allee, and lounge seating. Pocket parks within the PUD are private and for resident use only.
Fourth Level Lounge
The southwest corner of the main building’s fourth level will include a lounge and dining area for residents. The lounge area will include larger and smaller group seating areas. The lounge also features a built-in barbecue for meal preparation and a large banquet style island table. The outer perimeter of the lounge will be landscaped to provide a more natural aesthetic and create a sense of privacy within the lounge area. The lounge will provide residents with scenic views of the western and southern portions of the City and surrounding area.
Residents may access the lounge via a private door on the southwest corner of the fourth-floor hallway. 40 433
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Retail Frontage
The retail use will include the development of an outdoor seating area with café tables and umbrellas. Retail frontage will be required to employ enhanced landscaping and decorative accents. These may include pottery decorations, and unique foliage. The retail entryway should have a unique character that remains thematically consistent with the overall development within the PUD. Seating may be provided within the retail frontage. Landscaping along the retail frontage may include potted or in-ground flowers and in-ground shrubs. Trees may not be used as a part of retail frontage, this area is intended to provide amenity space for residents and commercial visitors. Retail stores shall comply with the sign requirements as set forth in the City of Ontario Development Code.
Vegetation
Vegetation within the Watermarke Ontario PUD includes a mixture of ornamental trees, shrubs, and fruiting, edible plant species. A total of 188 trees will be utilized for open space within the PUD area. A mixture of 50 (27%) native and 138 (73%) non-native trees will be planted in the PUD area. Additionally, a mixture of large and medium shrubs will be utilized throughout the PUD site. Vegetation plans must be reviewed by the Landscape Planning Division.
Fruiting trees and shrubs are placed around the community and recreational areas to create a more natural environment for residents.
Lighting
All lighting of facades, decorative fixtures, store window interiors, awnings, and signs shall be designed in accordance with the criteria set forth in Ontario’s Development Code. Exterior lighting fixtures should be decorative and reinforce the architectural style of the building.
Outdoor lighting within the PUD area should consist of warm color temperatures except for security or emergency lighting in order to remain unobtrusive to surrounding residential developments and internal residential developments. Colder color temperatures would be more obtrusive to residents and would create a less organic lighting effect.
On-site lighting shall be directed away and shielded from adjacent streets and adjacent properties. All exterior lighting shall be of an indirect nature, placed/situated/etc. under eaves and canopies, or ground level within landscaped areas.
Light within the PUD’s communal areas should be warm colored and unobtrusive. Light sources for the Project should be LED or metal halide.
Walls and Fencing
Walls and fencing should be used to define private and communal spaces within the PUD site. Walls can be used to enhance design, create privacy, and help maintain boundaries within the open space areas. Fences and walls within the project area shall be made of decorative materials compatible with the overall architectural character of the development. All fences and walls shall be in scale with the development to fulfill such needs as screening and security.
Fences, walls and hedges within the project area shall comply with Engineering Corner Sight Distance Standards and other applicable standards. Decorative walls, monuments and/or other similar features shall not encroach into the public street right-of-way. Walls should be an integrated design of the building architecture and feature similar finished material, reveal lines, trim, etc.
Walls shall be limited to a maximum height of 6 feet in height.
The eastern boundary of the PUD area shall be walled entirely from adjacent properties. Gated EVA access to Harvard Place shall be constructed to be 6 feet in height and shall be designed with styles and materials which completely obstruct views through the gate. Gated EVA access to Harvard Place shall always remain locked except when in use by authorized emergency personnel. Access controls for the EVA gates shall be limited to property managers and emergency responders, exclusively.
Signs
All signs for the project shall be subject to the requirements of the City Development Code.…. 41 434
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ADMINISTRATION
Items not Addressed in this PUD
Any terms, requirements, or regulations not addressed within the PUD document shall be governed by the City of Ontario Development Code and City Standards.
Development Applications
Development Plans for the development of each individual parcel within the PUD area, along with fees and other required items, shall be submitted for review and approval per the requirements contained in Chapter 2, Administration and Procedures, of the City of Ontario Development Code and the General Application.
Administrative Exceptions
Deviation from the development standards set forth in this document may be granted up to a maximum of ten (10%) percent by the Zoning Administrator. Any deviation that is greater than (10%) percent shall require Variance approval.
Severability
If any portion of this Planned Unit Development is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Planned Unit Development. Moreover, the decision shall not affect, impair, or nullify this Planned Unit Development, either in whole or in part, and the remainder of this Planned Unit Development shall continue in full force and effect.
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