Agenda packet — Ontario City Council, October 15, 2024 (part 4 of 8)

BB&K 2020

AMENDME
NT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND SWA GROUP, INC.

1. Parti
es and Date.

This A
mendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and SWA Group , Inc., a CORPORATION (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recita
ls.

2.1 Agreement. Th e C ity and Consultant have entered into an agreemen t entitled “Professional Services Agreement” dated May 21, 2024 (“Agreement”).

2.2 Amendment Purpose. Th e City and Consultant desire to amend the Agreement to revise the scope of services for additional surveying, inspection, and reporting services to the D&C21-005 Grand Park Phase 1 Project increasing the agreement amount by One Hundred Forty-One Thousand Three Hundred Fifty-N ine Dollars ($141,359) for a new total not to exceed amount of Six Millio n One Hundred Fourteen Thousand and Three Hundred Fifty-Five Dollars ($6,114,355).

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.7.14 of the Agreement.

3. Terms.

3.1 Am
endment. Section 3. 1.1 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.1.1 General
Scope of Services. Consultant 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 professional Architecture, Landscape Architecture, and Engineering consulting services necessary for the Project ("Services"). The services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and 566
46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

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.”
“3.2.1 C
ompensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Million One Hundred Fourteen Thousand and Three Hundred Fifty-Five Dollars ($6,114,355) without the written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
E
xhibit A is hereby amended and replaced with Attachment A at tached hereto and incorporated herein by reference.

3. 2 Continuing Effect of Agreement . Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3. 3 Adequate Consideration. T he Parties hereto irrevocably sti pulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3. 4 Severability. If any portion of this Amendment No. 1 is declared inval id, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 5 Integration. This Amendment represents the entirety of the Parties’ unde rstanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[
SIGNATURES ON FOLLOWING PAGE]
567
46700.00100\33287662.1

Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND SWA GROUP, INC.

IN
WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO SWA GROUP, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[I
f 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
At
tested By:

City Clerk
568
57 0 Glenneyre Street
Laguna Beach, California
92651-2453
+1.949.497.5471
www.swagroup.com
Sea
n O’Malley
Xiao Zheng
Dhaval Barbhaya
Stephen Rydzon
July 31, 2024
City
of Ontario
1333 S. Bone View Avenue
Ontario, CA 91764
Atte
ntion: Dan Beers, Design & Construction – Principal Project Manager Subject: Extra Work Authorization Request – Purchase Order No. PO-03528 Design & Preparation of the Construction Plans for the Ontario Grand Park Project Phase 1 Ontario, San Bernardino County, California (ONTT402)
Dear
Dan:

This letter is in response to your request for SWA's team to provide Additional S ervices on the subject project. The scope of these services will be:

A. Additional Engineering Services:

1. Alternative services as outlined in attached Exhibit A.

B. Coordination with the engineering team.

These services will be provided for the fixed lump sum of One Hundred Forty-One Thousand Three Hundred Fifty-Nine ( 141,359) Dollars, under the terms and conditions of our Professional Services Agreement with you dated May 21, 2024
In order to meet the schedule requirement, we are proceeding with the work as directed by Dan Beers, prior to receiving your written authorization. Under these circumstances, it is understood that you are responsible for payment for these services. If you are not in agreement with these conditions, please notify us to stop work on these services immediately.

We request your written authorization for these services.

If this is not your understanding, or if you have questions regarding the above, please contact Principal Steve Rydzon.

Sincerely yours,
SWA Group
Se
an O’Malley
Contracting Agent
Landscape Architect, CA License #3286
Landscape Architects are licensed by the State of California Attachment "A"
569
1 701 N. Parkcenter Drive, Santa Ana, CA 92705
www.tait.com | 714.560.8200
July 26, 2024
Mr. Steve Rydzon, PLA, ASLA
SWA
570 Glenneyre Street
Laguna Beach, CA 92651-2453
Re: ONTARIO GRAND PARK REQUEST FOR AUTHORIZATION FOR ALTENRATE WORK ITEMS Per request from City of Ontario, TAIT has prepared the following scope of work document that outlines the previously proposed alternate work tasks (ALT 1 -8) which were included in our original proposal as well as the newly requested alternate work tasks (ALT 12-15). This proposal is based on the previously submitted proposal for which all terms and conditions will be based. Work on the following tasks will not be initiated without prior approval from the City.

SCOPE OF WORK
Alt 1: Pickup Survey & Drone Aerial Process
Scope includes setting field aerial control, flight of drone aerial survey, and office post processing of the drone aerial survey to create a new aerial background and contour. Scope also includes processing of color orthographic image for use in backgrounds. This task will be required if the existing aerial survey is outdated and will be essential in validating the final earthwork figures.

Alt 2: Full Street Cross sections on Grand Park Avenue
Scope includes Conducting topographic pickup survey and post office processing for street sections on Grand Park Street from Archibald to the eastern limits of Grand Park Street. Purpose of survey will be to verify design join conditions at the perimeter of the site. If design survey data is not available this task will be required in order to complete the on-site park grading efforts.

Alt 3: Half Street Sections on Archibald, Euclid, & Haven Scope includes Conducting topographic pickup survey and post office processing for half street sections (where widening is required) or parkway survey (where ultimate conditions exist) on Archibald Avenue, Eucalyptus Avenue, and Haven Avenue. Purpose of survey will be to verify design join conditions at the perimeter of the site. If design survey data is not available this task will be required in order to complete the on-site park grading efforts.

Alt 4: Full Boundary & Encumbrance Mapping
This task includes office processing hours to review and draft the existing record boundary and encumbrances as reflected in a single title report. This does not include a boundary survey or final boundary mapping. This task will be required should there not be an existing condition encumbrance map and correlating preliminary title report that could be provided to TAIT for use as background and reference purposes.

Alt 5: Dip Utility Inverts
This task includes field survey hours required to dip existing sewer, storm drain, and other utilities. Task assumes a max of three mobilizations up to three field days. This task will be required should there not be any existing survey data verifying as-built elevations for critical utility joins.

EXTRA WORK REQUEST - EXHIBIT A
ONTT402 - July 31, 2024
570
2 701 N. Parkcenter Drive, Santa Ana, CA 92705
www.tait.com | 714.560.8200
Alt. 8. Utility Locating/Potholing
The need for utility locating/potholing will be reviewed as part of the initial design phase of this project.

Depending on the alternative selected and based on the City’s desire to either verify any unknown crossings during design or defer to construction, TAIT will work with the City to obtain location specific proposals for any necessary utility locating, potholing, or tracing that may be desired. TAIT has provided a budgetary fee of $20,000 to cover the costs of any anticipated utility locating services on this contract. Upon authorization of the alternate work item, TAIT will obtain bids from qualified contractors and will work with the City to maximize this budget item.

Alt. 12. Mass Grading SWPPP & Erosion Control Plans
The proposed design will include requirements of the County of San Bernardino. Scope includes:
x Per the requirements of the new General Permit, Erosion Control Plans will be prepared for the following stages of design:
o Existing Condition Erosion Control Plan
o Mass Graded Condition Erosion Control Plan
x Standards and details will be provided on the plan to protect drainage appurtenances and other improvements.
x TAIT will research available data to complete the Application for Notice of Intent (NOI). The NOI information will be entered into the State’s SMARTS on-line system after the owner has set up the site on the system. TAIT will assist the owner however, the owner will be required to complete the sections and requirements of the SMARTS system and submit payment for the permit coverage as required by the Permit.
x The Erosion Control Plan will be prepared to supplement the Storm Water Pollution Prevention Plan (SWPPP) and prepared in conjunction with the NOI. As the Qualified SWPPP Developer (QSD), TAIT will prepare the SWPPP for electronic submittal on the SMARTS system. x As part of the California General Permit (CGP), a designated Legally Responsible Person (LRP) will be required to upload the Permit Registration Documents (PRD’s) for your site. TAIT will provide the engineering documents to the LRP for their use.
x The General Contractor (GC) will be responsible for the Qualified SWPPP Practitioner (QSP). The QSP will file the annual report and close the project with the Notice of Termination. x This task does NOT includes the newly required QSD inspections which are estimated as part of a separate alternate task.
x This task does NOT include final precise grad condition erosion control plans which are also estimated as a separate alternate task.
x It is assumed that the City’s NOI will remain active across the Mass Grading and Precise Grading phases and that a separate SWPPP will not be required for subsequent phases of work. Updates to the uploaded documents are assumed to be conducted as part of a separate task.

Alt. 13. Mass Grading QSD Inspections
Per the requirements of the new California General Permit, the designated QSD must conduct construction field inspections in addition to the required QSP inspections. This task assumes a maximum of 4 inspections and that construction mass grading will not extend beyond a 12 month period.

EXTRA WORK REQUEST - EXHIBIT A
ONTT402 - July 31, 2024
571
3 701 N. Parkcenter Drive, Santa Ana, CA 92705
www.tait.com | 714.560.8200
Alt. 14. Precise Grading Erosion Control Plan & SWPPP Updates This task includes the hours required to prepare construction phase erosion control plans for the precise grading phase of the project. It is assumed that the precise grading plans will be included in the bid documents. TAIT will also upload the new Erosion control plan and update the SWPPP documents for the subsequent precise grading phase.

Alt. 15. Precise Grading QSD Inspections
Per the requirements of the new California General Permit, the designated QSD must conduct construction field inspections in addition to the required QSP inspections. This task assumes a maximum of 8 inspections and that precise grading will not extend beyond a 24 month period.

EXTRA WORK REQUEST - EXHIBIT A
ONTT402 - July 31, 2024
572
Department: Utilities
Prepared By: Thomas Palmieri
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: 13
SUBJECT:

A CONSTRUCTION CONTRACT WITH BEST DRILLING AND PUMP, INC. FOR THE DRILLING OF WELL NO. 53 PROJECT, ONTARIO MUNICIPAL UTILITIES COMPANY CONTRACT NO. UT 1063

CITY OF ONTARIO
Agenda Report
October 15, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the plans and speciﬁcations and award Contract No. UT 1063 to Best Drilling and Pump, Inc. of Colton, California, for the Drilling of Well No. 53 Project, in the amount of $1,919,431 plus a 15% contingency of $287,915, for a total not-to- exceed amount of $2,207,346, a term of 100 calendar days after issuance of notice to proceed, and authorize the City Manager, or his designee, to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

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:

The recommended Construction Contract award to Best Drilling and Pump, Inc. is for $1,919,431 plus a 15% contingency of $287,915, for a total not-to-exceed amount of $2,207,346.

The Fiscal Year 2024-25 Adopted Capital Improvement Program Budget includes appropriations in the amount of $1,500,000 from the Water Capital Fund. If approved, additional appropriations in the Water Capital Fund will be included in the next Quarter Budget Update Report to the City Council as needed. Appropriations were not originally included in the budget to avoid over- appropriation of funds. This project is one of several projects identiﬁed in the recent Water Bond issuance approved by the City Council on July 17, 2024. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City currently has eighteen (18) active groundwater wells. The Water Master Plan identiﬁes the need for additional groundwater wells to expand existing water 573
supply capacity and reliability to meet the future water demands of Ontario. Proposed Well No. 53 will be located on the southwest side of Doubleday Avenue, approximately 950 feet west of Dupont Avenue (See Figure 1). Well No. 53 will be the second of four new wells that will be installed around the east side of Ontario International Airport.

In August 2022, the City contracted with Albert A. Webb Associates (Consultant) for drilling and equipping design of Well No. 53. The drilling design portion of the scope of work included a preliminary design report (PDR) which, upon its completion and approval, the City authorized the Consultant to proceed with creating a complete set of construction plans and speciﬁcations to drill and construct an approximately 1,000 foot deep well that is anticipated to produce 2,000 to 3,000 gallons per minute of drinking water. The work under this construction contract consists of drilling, installation of well conductor casing and louvered well screen, well capacity testing, and other ancillary work necessary to provide a potable water well.

Once the well drilling construction phase under the proposed contract has been completed, the Consultant will proceed with design of the well housing facility and equipment design that will then be constructed under a separate contract (Phase 2). That design will consist of an aboveground masonry building, well pump and motor, an on-site chlorine generation system, instrumentation, and landscaping.

On July 15, 2024, ﬁve (5) bids were received for Bid No. 1823, The Drilling of Well No. 53 OMUC Contract No. UT 1063. The bids ranged from a low bid amount of $1,919,431 to a high bid amount of $3,774,013 as summarized below.

Bidder
Location
Amount
Best Drilling and Pump,
Inc.

Colton, CA
$1,919,431
Nor-Cal Pump & Drilling,
Inc.

Yuba City, CA
$1,926,925
South West Pump &
Drilling, Inc.

Coachella, CA
$2,269,037
WildRose Drilling
Rocklin, CA
$2,269,037
Bakersfield Well & Pump
Company
Bakersfield, CA
$3,774,013

Staﬀ reviewed bids for responsiveness and pricing and recommends awarding to Best Drilling and Pump, Inc.

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.
574

Figure 1

Equipping Well No. 53 Project

City of Ontario

575
46700.00100\33349674.4

(BB&K 10/2020
- 1 -

SECTION 00500

CONTRACT
THIS CONTRACT is made and entered as of ____________ , in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Best Drilling and Pump, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

OMUC CONTRACT NO. UT 1063
DRILLING OF WELL NO. 53 PROJECT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.

The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within One Hundred (100) calendar days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million, Nine Hundred Nineteen Thousand, Four Hundred Thirty-One Dollars ($1,919,431), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $5,200 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This

AMENDMENT NO. 6.0

TO THE PROFESSIONAL SERVICES AGREEMENT

CITY OF ONTARIO

SECTION 00500

CONTRACT

576
46700.00100\33349674.4

(BB&K 10/2020
- 2 - SECTION 00500

CONTRACT

Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:

1. Notice Inviting Bids

2. Instructions to Bidders

3. Bid Form

4. Contractor’s Certificate Regarding Workers’ Compensation form

5. Bid Bond

6. List of Subcontractors form

7. Contractor Information and Experience Form

8. Non-Collusion Declaration form

9. Public Works Contractor Registration Certification form

10. Iran Contracting Act Certification form

11. Contract

12. Performance Bond

13. Payment Bond

14. Environmental documents and approvals (If Applicable)

15. General Conditions

16. Special Conditions

17. Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9

18. Technical Specifications

19. Addenda (If Applicable)

20. Plans and Drawings

21. Approved and fully executed change orders

22. Federal Requirements (If Applicable)

23. Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall 577
46700.00100\33349674.4

(BB&K 10/2020
- 3 - SECTION 00500

CONTRACT

supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

ARTICLE 9. CONTRACTOR REGISTRATION AND LABOR COMPLIANCE . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No b id will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.

ARTICLE 10. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution.

Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a fals e claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of t he truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proce eding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

578
46700.00100\33349674.4

(BB&K 10/2020
- 4 - SECTION 00500

CONTRACT

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Best Drilling and Pump, Inc.

President OR Vice President
By:

Its:

Printed Name:

Secretary OR Treasurer

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
579
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

AWARD OF 24 CONSTRUCTION CONTRACTS IN CONNECTION WITH THE

CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM, AWARD

A CONSTRUCTION CONTRACT TO BOMEL CONSTRUCTION FOR THE

PROFESSIONAL BASEBALL STADIUM PARKING STRUCTURE, AUTHORIZE AN

AGREEMENT WITH KIZH NATION RESOURCE MANAGEMENT FOR EARTHWORK

MONITORING FOR THE ONTARIO SPORTS COMPLEX, APPROVE AN AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT WITH RMA GROUP FOR SPECIAL

INSPECTION FOR THE PROFESSIONAL BASEBALL STADIUM AND SPORTS

COMPLEX, APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH TILDEN-COIL FOR CONSTRUCTION MANAGEMENT OF THE

ONTARIO SPORTS COMPLEX, AND CONSIDER, AND ADOPT A RESOLUTION FOR

THE INTENT TO ISSUE TAX-EXEMPT OBLIGATIONS

CITY OF ONTARIO
Agenda Report
October 15, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute 24 Construction Contracts to provide various construction services for Bid No. 1831 - D&C23-011 - Minor League Baseball Stadium in the amount of $131,994,503 and authorize a combined contingency of $19,700,000 for a total not-to-exceed contract amount of $151,694,503,

1. 01 - Concrete, Structural – Gonsalves & Santucci, Inc. dba Conco: $18,387,000

2. 03 - Masonry & Brick Veneer – Haxton Masonry, Inc.: $5,631,000

3. 05 - Railings – KCB Towers, Inc.: $4,395,560

4. 07 - Roofing – Commercial Roofing Systems, Inc.: $3,099,320

5. 08 - Waterproofing – Best Contracting Services, Inc.: $1,308,000

6. 09 - Sheet Metal – Best Contracting Services, Inc.: $5,299,448

7. 10 - Door, Frames, Hardware – Star Hardware, Inc.: $874,900

8. 11- Aluminum & Glazing – Golden State Glazing, Inc.: $3,312,066

9. 12 - Framing, Drywall & Insulation – Caston, Inc.: $7,258,585

10. 13 - Acoustical Ceiling & Treatment – Southcoast Acoustical Interiors, Inc.: $613,250

11. 14 - Finish Flooring – Progressive Surface Solutions, LLC: $1,348,000

12. 16 - Ceramic Tile – Continental Marble & Tile Co.: $1,611,806

13. 17 - Painting & Wall Covering – Magnum Drywall, Inc.: $1,048,000 580

14. 18 - General Package – Inland Building Construction Companies, Inc.: $12,355,400

15. 19 - Aquatics – California Commercial Pools, Inc.: $2,548,000

16. 21 - Food Service Equipment – Kamran and Company, LLC: $5,429,700

17. 22 - Fire Sprinkler – JPI Development Group, Inc.: $1,315,000

18. 23 - Plumbing – Continental Plumbing, Inc.: $8,194,613

19. 24 - Site Utilities – Kerns, Inc.: $3,280,580

20. 25 - HVAC – Westland Mechanical: $7,115,000

21. 26 - Electrical & Low Voltage – Rancho Pacific Electric Construction, Inc.: $25,999,500

22. 27 - Landscape & Irrigation – Brightview Landscape Development, Inc.: $7,433,570

23. 28 - Fences & Gates – Econo Fence, Inc.: $2,009,205

24. 29 - Asphaltic Paving – Terra Pave, Inc.: $2,127,000, and B
.

That the City Council reject bid from Brady West, Inc. as non-responsive on Bid No. 1831 - D&C23-011 – Minor League Baseball Stadium in the Ontario Ballpark Section 12 Framing and Drywall and award the bid to the next lowest responsible bidder, and C
.

That the City Council reject all bids received for Bid No. 1831 -D&C23-011 – Minor League Baseball Stadium in the Ontario Ballpark Sections 02 Site Concrete; 06 Finish Carpentry; 20 Signage and authorize Staﬀ to solicit new bids for these trades in relation to the Professional Baseball Stadium, and
D
.

That the City Council reject the bid protest from CMD Electric for Bid No. 1831 - D&C23-011 Minor League Baseball Stadium, and
E
.

Authorize the City Manager, or his designee, to execute a Construction Contract with Bomel Construction Company, Inc., of Ontario, California, to provide construction services for Bid No. 1829 - D&C23-011B Professional Baseball Stadium Parking Structure in the amount of $31,225,000 and authorize a contingency of $4,700,000 for a total not-to-exceed contract amount of $35,925,000 and waive any and all irregularities and reject any and all protests, including by way of illustration and not by limitation the protest of Swinerton Builders , and
F
.

Authorize an agreement with Kizh Nation Resources Management to monitor all groundwork to ensure the Native American Cultural Resources are properly mitigated per the approved Environmental Impact Report in the amount of $186,046, and G
.

Authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California, to provide on-call geotechnical consulting, materials testing and special inspection for the Ontario Sports Complex Project in the amount of $2,242,360 for a total not-to-exceed contract amount of $2,442,360, and
H
.

Authorize the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, for the procurement of long lead electrical gear for the Professional Baseball Stadium and Professional Baseball Stadium Parking Structure, fee adjustment for the mass grading and general conditions of the Professional Baseball Stadium in the amount of $14,066,782 for a total not-to-exceed contract amount of $45,968,259, and I
.

Authorize the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Professional Baseball Stadium and Parking Structure, and J
.

Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and ﬁling a notice of completion at the 581
conclusion of all construction related activities; and
K
.

Consider and adopt a Resolution making a declaration of intent to issue tax-exempt obligations for the City’s public capital improvements.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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:

24 Construction Contracts- Professional Baseball Stadium The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Regional Sports Complex-Professional Baseball Stadium project. The proposed contract award to the 24 contractors for the construction of the D&C23-011 Minor League Baseball Stadium is in the amount of $131,518,716 plus a combined contingency of $19,000,000 for a total not-to-exceed contract amount of $150,518,716.

Bomel Construction
The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Regional Sports Complex-Professional Baseball Stadium Parking Structure project. The proposed Construction Contract with Bomel Construction for the construction of the D&C23-011B Professional Baseball Stadium Parking Structure is in the amount of $31,225,000 plus a contingency of $4,700,000 for a total not-to-exceed contract amount of $35,925,000.

Kizh Nation Resources Management
The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Regional Sports Complex-Sports Fields project. The proposed agreement with Kizh Nation Resources Management is in the amount of $186,046.

RMA Group
The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Regional Sports Complex-Sports Fields project. The proposed Amendment No. 1 to the Professional Services Agreement with RMA Group for on-call geotechnical consulting, materials testing and special inspection for the Ontario Sports Complex Project is in the amount of $2,242,360 for a total not-to-exceed contract amount of $2,442,360.

Tilden-Coil Constructors, Inc.

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Regional Sports Complex-Professional Baseball Stadium, Regional Sports Complex- Professional Baseball Stadium Parking Structure, and Regional Sports Complex-Sports Fields projects. The proposed Amendment No. 5 to the Professional Services Agreement with Tilden-Coil Constructors, Inc. includes the procurement of long lead electrical gear for the Professional Baseball Stadium in the amount of $1,908,839 and the Professional Baseball Stadium Parking Structure in the amount of $412,105, the fee adjustment for the mass grading in the amount of 582
$588,673, and the fee adjustment for general conditions of the Professional Baseball Stadium in the amount of $11,157,165. The total amount for the proposed Amendment No. 5 is in an amount of $14,066,782 for a total not-to-exceed contract amount of $45,968,259. The total not-to-exceed contract amount of $45,968,259 includes work performed for other projects citywide.

BACKGROUND & ANALYSIS:

On August 6, 2024, the City Council approved the Environmental Impact Report for the Ontario Regional Sports Complex. The Ontario Regional Sports Complex includes a new Professional Baseball Stadium located at the Northwest corner of Riverside Drive and Hellman Avenue. On September 17, 2024, the City Council awarded the Structural Steel and Grading Contracts for the Professional Baseball Stadium at the Ontario Regional Sports Complex.

Ontario Municipal Code Section 5-29.09 states construction activity that produces loud noise is only allowed between 7:00 am and 6:00 pm on Monday through Friday, and on Saturday and Sunday between 9:00 am and 6:00 pm. Staﬀ is proposing to extend the construction hours to Monday through Saturday from 6:00 am to 11:00 pm, and on Sunday from 8:00 am to 6:00 pm. The proposed extended construction hours will allow the City to meet their contractual obligation with the contracted minor league baseball team to have the Professional Baseball Stadium completed and operational by April 1, 2026.

On September 17, 2024, ninety-nine (99) bids were received for Bid No. 1831 - D&C23-011 – Minor League Baseball Stadium. Below is a list of the lowest responsible/responsive bids received:

Bid Package No.

Bidder
Location
Amount
01 - Concrete,
Structural
Gonsalves & Santucci, Inc. dba
Conco
Concord, CA
$18,387,000
03 - Masonry &
Brick Veneer
Haxton Masonry, Inc.

Yuma, AZ
$5,631,000
05 - Railings
KCB Towers, Inc
Banning, CA
$4,395,560
07 - Roofing
Commercial Roofing Systems,
Inc.

Arcadia, CA
$3,099,320
08 - Waterproofing
Best Contracting Services, Inc.

Gardena, CA
$1,308,000
09 - Sheet Metal
Best Contracting Services, Inc.

Gardena, CA
$5,299,448
10 - Door, Frames,
Hardware
Star Hardware
Ontario, CA
$874,900
11- Aluminum &
Glazing
Golden State Glazing, Inc.

Yucaipa, CA
$3,278,946
12 - Framing,
Drywall & Insulation
Caston, Inc.

San Bernadino, CA
$7,186,000
13 - Acoustical
Ceiling & Treatment
Southcoast Acoustical Interiors,
Inc.

Fontana, CA
$607,118
14 - Finish Flooring
Progressive Surface Solutions,
LLC
Tustin, CA
$1,348,000
583
16 - Ceramic Tile
Continental Marble & Tile Co.

Corona, CA
$1,611,806
17 - Painting & Wall
Covering
Magnum Drywall, Inc.

San Jose, CA
$1,048,000
18 - General
Package
Inland Building Construction
Companies, Inc.

San Bernardino, CA
$12,355,400
19 - Aquatics
California Commercial Pools
Glendora, CA
$2,548,000
21 - Food Service
Equipment
Kamran and Company, LLC
Santa Barbara, CA
$5,429,700
22 - Fire Sprinkler
JPI Development Group, Inc.

Murrieta, CA
$1,315,000
23 - Plumbing
Continental Plumbing, Inc.

Jurupa Valley, CA
$8,194,613
24 - Site Utilities
Kerns, Inc.

Hesperia, CA
$3,247,775
25 - HVAC
Westland Mechanical
Rancho Cucamonga, CA
$7,043,850
26 - Electrical & Low
Voltage
Rancho Pacific Electric
Construction, Inc.

Rancho Cucamonga, CA
$25,739,505
27 - Landscape &
Irrigation
Brightview Landscape
Development, Inc.

Irvine, CA
$7,433,570
28 - Fences & Gates
Econo Fence, Inc.

Riverside, CA
$2,009,205
29 - Aphaltic Paving
Terra Pave, Inc.

Whittier, CA
$2,127,000

Tilden – Coil Constructors, Inc., the City’s Construction Management Company for the Sport Complex Project, and City Staﬀ reviewed each bid and each company’s qualiﬁcations and responsiveness to the bid requirements. Based on the credentials, pricing, and reference checks, Staﬀ recommends awarding Construction Contract D&C23-011 Minor League Baseball Stadium to all the above referenced companies.

Bid packages 02-Site Concrete; 06-Finish Carpentry; 20-Signage had inconsistent bids, and several bidders were deemed non-responsive. To get a competitive and fair cost, Staﬀ recommends rejecting all bids for these categories and re-bid. On September 17, 2024, the City Council awarded a contract for Bid Package No. 04- Steel: Structural & Misc. to Anderson Charneskey Structural Steel.

Bid Package No. 04 was bid earlier than the rest of the Professional Baseball Stadium due to the long lead time to manufacture the steel columns. Bid Package No. 15 was not used and the work was combined with Bid Package No. 16 to create one bid package.

Brady West, Inc. bid for package 12-Framing and Drywall, was deemed non-responsive because it was not secured by a bid bond in the form required by the project manual and is therefore substantively deﬁcient. The bond Brady West, Inc. supplied does not include the attorney’s fees language required by the bond required per the project manual. Staﬀ recommends that Brady West, Inc.’s bid is deemed non-responsive and to award the contract to the next lowest bidder.

Bid package 26, Rancho Paciﬁc Electric Construction is the apparent low bidder. On September 27, 584
2024, the City received a protest letter from CMD Electric Inc. stating that due to local preference, CMD Electric should be the second lowest bidder. CMD Electric Inc. also stated that Rancho Paciﬁc Electric was non-responsive. Staﬀ consulted with the City Attorney who wrote CMD Electric Inc. a letter on October 1, 2024, stating that Rancho Paciﬁc Electric Construction is the lowest responsive and responsible bidder. CMD Electric Inc.’s protest is without merit and Rancho Paciﬁc Electric Construction remains the lowest responsible and responsive bidder.

On September 17, 2024, four (4) bids were received for Bid No. 1829 - D&C23-011B – Minor League Baseball Stadium Parking Structure. The bids ranged from $29,754,637 to $35,526,934. The bids are summarized below:

Bidder
Location
Amount
McCarthy Building Companies,
Inc. – Withdrew due to
mathematical error
Newport Beach, CA
$29,754,637
Bomel Construction
Ontario, CA
$31,225,000
Swinerton
Santa Ana, CA
$34,992,000
W.M Klorman Construction
Woodland Hills, CA
$35,526,934

Bomel Construction, of Ontario, California, submitted the lowest responsible bid that met all the required speciﬁcations with a base cost of $31,225,000. Based on the credentials, pricing, and reference checks, Staﬀ recommends awarding Construction Contract D&C23-011B Minor League Baseball Stadium Parking Structure to Bomel Construction.

The City received a protest letter from
Swinerton Builders alleging that Bomel Construction’s bid was non-responsive. City staﬀ determined that Bomel Construction’s bid was responsive, that Bomel Construction is responsible, and that the contract should be awarded to Bomel Construction’s bid. City staﬀ recommends that the City Council waive any and all irregularities and reject any and all protests including by way of illustration and not by limitation the protest of Swinerton Builders.

On August 6, 2024, the City Council approved the Environmental Impact Report for the Ontario Sports Complex. Part of the Environmental Impact Report was to have the local indigenous tribe monitor earth moving activities to ensure the proper treatment of any Native American artifacts that might be unearthed. Per the Environmental Impact Report, Kizh Nation Resources Management is the local Native American Tribe that will be performing the monitoring of all the Earthwork that occurs during the construction of the Ontario Sports Complex.

On May 2, 2023, the City Council approved a Professional Services Agreement with RMA Group.

RMA Group performed the phase 1 geo-technical report for the Ontario Sports Complex project.

The construction of the Professional Baseball Stadium, Parking Structure, and Oﬀsite Improvements require geotechnical consulting, materials testing, and special inspection. Staﬀ recommends approving Amendment No. 1 to the Professional Services Agreement with RMA Group due to its familiarity with the project.

There is currently a long lead time for the procurement of electrical switch gears. The Amendment to the Professional Services Agreement with Tilden-Coil Constructors, Inc. will allow for Tilden-Coil 585
Constructors, Inc. to purchase the Electrical Switch Gear for the Professional Baseball Stadium and Professional Baseball Stadium Parking Structure. The Amendment also includes fee adjustments for the mass grading and general conditions of the Professional Baseball Stadium. Tilden-Coil’s fee is based upon the actual cost of the project. Since the mass grading and the Professional Baseball Stadium have been bid and the actual costs have been received, a fee adjustment must be applied.

The City intends to ﬁnance the acquisition, construction, and installation of certain public capital improvements, including the Regional Sports Complex project and all associated on-site and oﬀsite infrastructure and public art associated therewith, with the proceeds of the sale of tax-exempt obligations. Staﬀ recommends approval of a Reimbursement Resolution, which permits the City to reimburse itself for certain costs incurred prior to the issuance of bonds, as allowed under the Internal Revenue Code.
586
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Gonsalves & Santucci, Inc. dba Conco, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Ontario Ballpark - Concrete Structural
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 587
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $35,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated D amages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other dam ages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., pr ovides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

589
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Gonsalves & Santucci, Inc. dba Conco
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
590
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

591
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Haxton Masonry, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Masonry
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Million Six Hundred Thirty-One Thousand Dollars ($5,631,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the 592
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 593
Ontario Ballpark -3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

594
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Haxton Masonry, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
595
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

596
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and KCB Towers, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Railings
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signatur e hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Million Three Hundred Ninety-Five Thousand Five Hundred Sixty Dollars ($ 4,395,560). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
597
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

599
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

KCB Towers, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
600
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

601
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Commercial Roofing Systems, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Roofing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the 602
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $15,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 603
Ontario Ballpark -3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

604
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Commercial Roofing Systems, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
605
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

606
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Best Contracting Services, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Waterproofing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shal l be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Three Hundred Eight Thousand Dollars ($1,308,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 607
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $15,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

609
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Best Contracting Services Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
610
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

611
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Best Contracting Services, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Sheet Metal
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shal l be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Million Two Hundred Ninety-Nine Thousand Four Hundred Forty-Eight Dollars ($5,299,448). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
612
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $15,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

614
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Best Contracting Services Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
615
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

616
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Star Hardware, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Doors, Frames, Hardware
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenc ed on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eight Hundred Seventy-Four Thousand Nine Hundred Dollars ($874,900). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the 617
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $15,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 618
Ontario Ballpark -3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

619
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Star Hardware, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
620
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

621
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Golden State Glazing, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Aluminum and Glazing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By it s signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million Three Hundred Twelve Thousand Sixty- Six Dollars ($3,312,066). Payment shall be made as set forth in the General Conditions . The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 622
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $25,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

624
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Golden State Glazing, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
625
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

626
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Caston, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Framing, Drywall, Insullation
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on t he date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million Two Hundred Fifty-Eight Thousand Five Hundred Eighty-Five Dollars ($7,258,585). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
627
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

629
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Caston, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
630
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

631
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Southcoast Acoustical Interiors, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Acoustical Ceiling and Treatment
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Wor k shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Six Hundred Thirteen Thousand Two Hundred Fifty Dollars ($613,250). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 632
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

634
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Southcoast Acoustical Interiors, Inc
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
635
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

636
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Progressive Surface Solutions, LLC, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Finish Flooring
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work s hall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Three Hundred Forty- Eight Thousand Dollars ($1,348,000). Payment shall be made as set forth in the General Condit ions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 637
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

639
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Progressive Surface Solutions, LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
640
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

641
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Continental Marble & Tile Co., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Ceramic Tile
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Six Hundred Eleven Thousand Eight Hundred Six Dollars ($ 1,611,806). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
642
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

644
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Continental Marble & Tile Co.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
645
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

646
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Magnum Drywall, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Painting and Wall Covering
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

Payment shall be made as set forth in the General Conditions . The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the 647
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 648
Ontario Ballpark -3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

649
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Magnum Drywall, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
650
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

651
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Inland Building Construction Companies, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - General Package
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contr act, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Twelve Million Three Hundred Fifty- Five Thousand Four Hundred Dollars ($ 12,355,400). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
652
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $20,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated D amages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

654
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Inland Building Construction Companies, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
655
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

656
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and California Commercial Pools, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Aquatics
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work sh all be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Five Hundred Forty- Eight Thousand Dollars ($2,548,000). Payment shall be made as set forth in the General Conditions . The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 657
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

659
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

California Commercial Pools, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
660
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

661
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Kamran and Company, LLC, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Food Service Equipment
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be com menced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its s ignature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Million Four Hundred Twenty- Nine Thousand Seven Hundred Dollars ($ 5,429,700). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
662
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

664
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Kamran and Company, LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
665
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

666
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and JPI Development Group, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Fire Sprinklers
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By i ts signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Three Hundred Fifteen Thousand Dollars ($1,315,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 667
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $25,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress pay ments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

669
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

JPI Development Group, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
670
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

671
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Continental Plumbing, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Plumbing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By it s signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eight Million One Hundred Ninety-Four Thousand Six Hundred Thirteen Dollars ($ 8,194,613). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
672
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $25,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated D amages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other dam ages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Doc uments will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims m ade with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

674
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Continental Plumbing, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
675
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

676
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Kerns, Inc. A California Corporation, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Site Utilities
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million Two Hundred Eighty Thousand Five Hundred Eighty Dollars ($ 3,280,580). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
677
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $25,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contr actor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

679
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Kerns, Inc. A California Corporation
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
680
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

681
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Westland Mechanical, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - HVAC
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenc ed on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million One Hundred Fifteen Thousand Dollars ($7,115,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 682
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Ti me. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $25,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress pay ments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

684
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Westland Mechanical
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
685
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

686
Ontario Ballpark -1-
SEC
TION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”) , No. D&C23 -011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Rancho Pacific Electric Construction, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties her eto have mutually covenanted and agreed, a nd by t hese presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Electrical and Low Voltage
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contrac t, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Twenty-Five Million Nine Hundred Ninety -Nine Thousand Five Hundred Dollars ($ 25,999,500). Payment shall be made as se t forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
687
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $35,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated D amages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

689
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Rancho Pacific Electric Construction, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
690
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

691
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and BrightView Landscape Development, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Landscaping and Irrigation
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million Four Hundred Thirty -Three Thousand Five Hundred Seventy Dollars ($7,433,570). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
692
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated D amages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other dam ages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

694
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

BrightView Landscape Development, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
695
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

696
Ontario Ballpark -1-
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Econo Fence, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Fence and Gates
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Nine Thousand Two Hundred Five Dollars ($2,009,205). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 697
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

699
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Econo Fence, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
700
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

701
Ontario Ballpark -1-
SE
CTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”) , No. D&C23 -011 is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Terra Pave, Inc. , sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties her eto have mutually covenanted and agreed, a nd by t hese presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

Ontario Ballpark - Asphaltic Paving
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proceed. By its signatur e hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million One Hundred Twenty- Seven Thousand Dollars ($2,127,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the 702
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85 , it is agreed that the Contractor will pay the City the sum of $20,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidat ed damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 703
Ontario Ballpark -3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the fi ling of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

704
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Terra Pave, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
705
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

706
Ontario Ballpark & Parking Structure -1-
S
ECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 is made and entered as of October 15, 2024, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Bomel Construction Company, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

Ontario Ballpark Parking Structure
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents 361 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, s
ubject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Thirty -One Million, Two Hundred Twenty-Five Thousand Dollars ($31,225,000). Payment shall be made as set forth in the General Conditions . The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 707
Ontario Ballpark & Parking Structure -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $15,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

CONSTRUCTION

the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

709
Ontario Ballpark & Parking Structure -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Bomel Construction Company, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
710
Ontario Ballpark & Parking Structure -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

711
46700.00100\42609634.1
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
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TILDEN-COIL CONSTRUCTORS, INC.

1. Parties and Date.

This Amendment No. 5 to Professional Services Agreement (“Amendment No. 5”) is made and entered into as of this ________ day of ______________2024, by and between the City of Ontario (“City”) and Tilden-Coil Constructors, 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 April 4, 2023 (“Original Agreement”) as modified by successive numbered amendments dated August 15, 2023 (“Amendment No. 1”), March 5, 2024 (“Amendment No. 2”), April 16, 2024 (“Amendment No. 3”), and July 16, 2024 (“Amendment No. 4”) (collectively, the “Existing Agreement”).

2.2 Amendment Purpose. The Parties desire to amend the Existing Agreement to provide for the acquisition of certain long lead time equipment necessary for the prosecution of the Baseball Stadium Project (“Project”), the contract for which to be acquired by Consultant, assigned by Consultant to City at any time deemed appropriate by City, and ultimately assigned by City to the contractor it is in the process of procuring to deliver the Project. The Parties desire to amend the existing Agreement to adjust the fee for mass grading and general conditions for the Baseball Stadium Project.

2.3 Amendment Authority . This Amendment No. 5 is authorized pursuant to Section

3.7.14 of the Original Agreement.
712
46700.00100\42609634.1

Page 2 of 5 ends

3. Terms.

3.1 Definitions. Section 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:
“Section 3.10.1 Consultant’s Compensation for Basic Services . City shall pay to Consultant for the performance of all Services rendered under this Agreement, with the total not to exceed amount of Forty-Five Million Nine Hundred Sixty -Eight Thousand Two Hundred Fifty-Nine Dollars ($45,968,259) (“Total Compensation”). This total compensation amount shall be based upon, and may be adjusted according to the fee schedule and related terms and conditions attached hereto as “Exhibit A” and incorporated herein by reference. The total compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.”
Exhibit A is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Long Lead Time Procurement Services . The services described in Exhibit 1 to this Amendment No. 5 (“Long Lead Time Procurement Services”) are hereby added to those Services described in Attachment A to Amendment No. 3. Consultant shall be reimbursed by City for costs actually and reasonably incurred by Consultant in performing the Long Lead Time Procurement Services when such costs are incurred with the prior written approval of the City, provided that such costs shall not exceed the sum of Two Million Three-Hundred Twenty Thousand Nine Hundred Forty-Four Dollars and Zero Cents ($2,320,944.00) Consultant hereby irrevocably assigns to City all right, title, and interest in the equipment to be procured in connection with the Long Lead Time Procurement Services, and City may accept such assignment at any time, for any reason or no reason, in City’s sole and absolute discretion.

3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 5, all other provisions of the Existing Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Existing Agreement, it shall mean the Existing Agreement as amended by this Amendment No. 5.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

3.5 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the Existing Agreement and those remaining provisions of this Amendment No. 5 shall continue in full force and effect. 713
46700.00100\42609634.1

Page 3 of 5 ends

3.6 Integration. This Amendment No. 5 represents the entirety of the Parties’ understanding relating to the subject of this Amendment No. 5, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
714
46700.00100\42609634.1

Page 4 of 5 ends

SIGNATURE PAGE FOR AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO AND
TILDEN-COIL CONSTRUCTORS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 as of the day and year first above written.

CITY OF ONTARIO TILDEN-COIL CONSTRUCTORS, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
715
1 of 5
September 20, 2024
Tito Haes, Executive Director Public Works
City of Ontario
1333 S. Bon View
Ontario, CA 91761
Re: Updated Proposal to procure long-lead electrical gear for the New Ballpark and Parking Structure Project
Dear Tito,
We have updated our request for procurement of electrical gear which was authorized on August 8, 2024 (See Attachment A) to be inclusive of CM Fee and a supply bond by the Prime Contractor, thus completing the Contract Price for this procurement.

Cost of Equipment (Rancho Pacific Electric, Inc.) $1,437,700 Changes to Single line $ 396,887
Cost of Supply Bond (Rancho Pacific Electric, Inc) $ 3,486 CM Fee at 3.85% $ 70,766
Total $1,908,839
Please note that we have already proceeded with the procurement of the equipment as previously authorized on August 8, 2024 and this revised proposal is only an update to the contract price. We have attached the most current pricing from the vendor dated 9/12/24.

Sincerely
Jason Howarth
Project Executive
Tilden-Coil Constructors
Building with Integrity Since 1938
P: 951.684.5901 Ext. 209
Cell: 951.764.8929
Attachment "A"
716

2 of 5

EXHIBIT A
717

3 of 5

718

4 of 5

719

5 of 5

720
1 of 6
September 25, 2024
Dan Beers, Design & Construction – Principal Project Manager City of Ontario
1333 S. Bon View
Ontario, CA 91761
Re: CM Contract Price Adjustment for the City of Ontario Mass Grading Project Dear Dan,
As we have concluded the preconstruction phase of the Mass Grading project, we are requesting an adjustment to our contract price to align with the project’s current scope, budget and schedule goals.

Original Construction Budget: $26,580,097
Current Construction Budget: $41,870,320
Contract Amount Revised Contract Amount Change

1. Preconstruction: $31,500 $31,500 (no change) $0

2. CM Fee (3.85%): $1,023,334 $1,612,007 $588,673

3. General Conditions: $1,442,946 $1,442,946 $0

4. Total (1-3) $2,497,780 $3,086,453 $588,673
The CM Fee has been adjusted based upon the current sum of prime contracts. The CM Fee shall also be adjusted at the conclusion of the project based upon the project’s total construction cost. Fifteen Percent (15%) of the CM Fee shall be paid during the design/preconstruction phase of the project and Eighty-Five Percent (85%) shall be paid during the construction phase of the project.

The general conditions budget was previously authorized by the City in Amendment No.2, dated March 5, 2024. General Conditions inclusions are listed in Attachment A. General conditions expenses shall be reimbursable and provided to the city without fee markup by the CM. The billable hourly rates previously authorized by the City in Amendment No.2, dated March 5, 2024 were utilized to develop the general conditions budget. This billable hourly rate list has been updated to include one additional position as identified and attached hereto as Attachment A. Rental rates for items included within the general conditions are attached hereto as Attachment A. In the event of an approved schedule extension, the general conditions budget shall be adjusted using the daily rate of $6,062. 721

2 of 6

We look forward to continuing our relationship with the City of Ontario. Please do not hesitate to contact me with any questions.

Sincerely

Jason Howarth
Project Executive
Tilden-Coil Constructors
Building with Integrity Since 1938
P: 951.684.5901 Ext. 209
Cell: 951.764.8929

722

3 of 6

ATTACHMENT A
Tilden-Coil Constructors, Inc.

General Conditions Inclusions and Standard Rental Rates

General Conditions Inclusions
Included within the general conditions budget are the following:

1. Construction manager’s labor - to be billed at the billable hourly rates attached

2. Recycling/trash for CM Office – reimbursement

3. Safety Measures, safety equipment – reimbursement

4. Traffic control/signage – reimbursement

5. Rumble plates – rental

6. Caretaker/security – reimbursement

7. Temporary fencing and gates – reimbursement

8. Water filled barriers – rental

9. Vandalism/Graffiti repair – reimbursement

10. Office trailer rental, mobilization, demobilization, alarm – reimbursement

11. Storage bins – rental

12. Project signage – reimbursement

13. Temporary power poles and connection to office – reimbursement

14. Temp lighting supplementation – rental

15. Fuel (Equipment, supervision, management) – reimbursement

16. Fuel storage tank – rental

17. Small tools/equipment repair – reimbursement

18. On-site transportation – rental

19. Equipment rental – rental

20. Printing services – reimbursement

21. Progress photo/video documentation – rental

22. Construction surveying – reimbursement

23. Telephones, cell phones, internet – reimbursement

24. Computers, hardware, software, licensing – rental

25. Office copier, office plotter, office furnishings, office supplies, office cleaning, drinking water, postage/shipping, meetings/partnering – reimbursement

26. Owner purchases (ECORP) - reimbursement

27. CM GL/PL Insurance expense – fixed value

723

4 of 6

Billable Hourly Rates
Rates include escalation through July 2028 and shall be subject to adjustment annually in alignment with the consumer price index for the area.

Position
Hourly
Rate
Project Executive $187.00
Production Director $187.00
Safety Officer $139.00
Sr. Project Manager $156.00
Sr. Superintendent $156.00
Project Manager $139.00
Assistant Project Manager $129.00
Superintendent $139.00
Area/Assistant Superintendent $127.00
Scheduler $158.00
BIM Manager $175.00
BIM Specialist $151.00
BIM Technician $135.00
TCC Survey $151.00
Preconstruction Manager $136.00
Sr. Project Engineer $124.00
Project Engineer $113.00
Sr. Estimator $136.00
Estimator $106.00
Preconstruction Coordinator* $64.00
Labor Compliance Coordinator* $72.00
Accountant* $108.00
Sr. Project Administrator* $79.00
Project Administrator* $70.00
Project Engineer Intern* $43.00
Field Labor* $103.00

*Overtime rates for positions identified are billed at 1.5x for hours billed in excess of 40 hours in a given week. All other positions are billed at the listed rate for overtime hours.

724

5 of 6

Rental Rates
The rates set forth herein shall govern the billing for all general conditions and equipment rentals as applicable to the project. The rates specified are fixed and shall apply for the duration of the Project unless otherwise modified in writing by mutual agreement of the Parties. All billable items related to general conditions and equipment usage shall be invoiced in accordance with these established rates.

The rates are valued until July of 2026 and if the project continues beyond this date, are subject to a CPI increase percentage increase per year.

Description Day Week Month
Traffic Control:

Barricades - "A" frames without flashing unit $2.00 $8.00 $24.00 Barricades - Street closure $6.00 $24.00 $72.00
Delineators/cones $1.00 $4.00 $12.00
Water Filled Barriers prorate prorate $55.00
Dust Control:

Trailer mounted water tank $24.00 $72.00 $216.00
Fire hose per 100' with nozzle and hydrant wrench $8.00 $24.00 $72.00 Dewatering/Erosion Control:

Water Pump - Submersible with hose $30.00 $100.00 $300.00 Trash/Sewage Pump $75.00 $250.00 $850.00
Rumble Plates prorate prorate $135.00
Temporary Heating:

Heaters 50,000 to 150,000 BTU $190.00 $225.00 $650.00 Trailer Rental & Expenses:

Singlewide prorate prorate $450.00
Doublewide prorate prorate $900.00
8' x 28' prorate prorate $175.00
Temp Power Poles & Connection:

Bull chords - 100' prorate prorate $40.00
Temp power boxes prorate prorate $150.00
Storage Bins:
20' Storage Container prorate prorate $100.00
Gang Boxes - skid mount prorate prorate $100.00
Gang Boxes - rolling interior casters prorate prorate $100.00 Plan Boxes - Knack prorate prorate $100.00
Temp Lighting:

Light String (without bulbs) $4.00 $12.00 $36.00
Light Stand (without bulb) $4.00 $12.00 $36.00
Wobble Lights $15.00 $30.00 $85.00
Light Towers $247.00 $490.00 $950.00
Small Tools/Equipment:

Radial Arm - Towable $50.00 $150.00 $450.00
725

6 of 6

Description Day Week Month
Core Drilling Machine $120.00 $400.00 $1,200.00
Whacker $70.00 $210.00 $630.00
Fan - Industrial or Pedestal Mount $45.00 $120.00 $250.00 Generator - 5K watt $103.00 $333.00 $750.00
Fuel Storage Tank prorate prorate $300.00
Equipment Rental:

Skiploader - 2wd $155.00 $620.00 $3,000.00
Skiploader - 4wd $165.00 $660.00 $3,000.00
Skidsteer Bobcat $355.00 $1,200.00 $3,200.00
Backhoe $500.00 $1,400.00 $3,300.00
Reachlift/Gradall $700.00 $2,000.00 $4,600.00
Towable Air Compressor $425.00 $1,100.00 $2,300.00
Jackhammer with chisels, points, spades $60.00 $180.00 $540.00 Flatbed - 1 ton $95.00 $350.00 $790.00
Flatbed or Dumptruck $185.00 $740.00 $1,400.00
Water Truck prorate prorate $3,650.00
Trailer - Lowboy $100.00 $366.00 $900.00
Forklift prorate $1,000.00 $3,000.00
Site Transportation
Site Supervision Vehicle (Golf Cart) prorate prorate $700.00 Site Supervision Vehicle (4-6 seat UTV, 4WD) prorate prorate $1,120.00 BIM Equipment:

BIM Total Station prorate prorate $4,500.00
3D Site Scanner prorate prorate $6,500.00
Drone (Includes licensing fees for processing software) prorate prorate $1,500.00 Office Equipment:

Copier prorate prorate $400.00
Plotter prorate prorate $350.00
Printer/Copier (Small, Single Feed) prorate prorate $200.00 Computer/workstation (includes hardware, software, BIM
coordination licensing fees) prorate prorate $400.00
BIM Coordination Software prorate prorate $4,762.00
iPad/Tablet prorate prorate $150.00

726

1 of 4

September 20, 2024

Tito Haes, Executive Director Public Works
City of Ontario
1333 S. Bon View
Ontario, CA 91761

Re: Updated Proposal to procure long-lead electrical gear for the Parking Structure Project associated with the Ballpark

Dear Tito,

We have updated our request for procurement of electrical gear which was authorized on August 13, 2024 (See Attachment A) to be inclusive of CM Fee and a supply bond by the Prime Contractor, thus completing the Contract Price for this procurement.

Cost of Equipment (Rancho Pacific Electric, Inc.) $386,000 Changes to Single Line $ 10,074
Cost of Supply Bond (Rancho Pacific Electric, Inc) $753 CM Fee at 3.85% $15,278
Total $412,105

Please note that we have already proceeded with the procurement of the equipment as previously authorized on August 13, 2024 and this revised proposal is only an update to the contract price. We have attached the most current pricing from the vendor dated 9/12/24.

Sincerely

Jason Howarth
Project Executive
Tilden-Coil Constructors
Building with Integrity Since 1938
P: 951.684.5901 Ext. 209
Cell: 951.764.8929

727

2 of 4

EXHIBIT A
728

3 of 4

729

4 of 4

730

1 of 6

September 4th, 2024 (Updated 9/25/24)

Dan Beers, Design & Construction – Principal Project Manager City of Ontario
1333 S. Bon View
Ontario, CA 91761

Re: CM Contract Price Adjustment for the City of Ontario New Minor League Baseball Stadium and Parking Structure

Dear Dan,

As we have concluded the preconstruction phase of the New Ballpark and Parking Structure project, we are requesting an adjustment to our contract price to align with the project’s current scope, budget and schedule goals.

Original Construction Budget: $86,000,000
Current Construction Budget: $194,168,280 (inclusive of alternate for PV panels on parking structure) Current Schedule: September 2024 to March 2026 plus 2 months of closeout (21 total months)

Contract Amount Revised Contract Amount Change

1. Preconstruction: $228,000 $228,000 (no change) $0

2. CM Fee (3.85%): $3,311,000 $7,475,479 $4,164,479

3. General Conditions: $5,910,365 $12,903,051 $6,992,686

4. Total (1-3) $9,449,365 $20,606,530 $11,157,165

The CM Fee has been adjusted based upon the current sum of prime contracts. The CM Fee shall also be adjusted at the conclusion of the project based upon the project’s total construction cost. Fifteen Percent (15%) of the CM Fee shall be paid during the design/preconstruction phase of the project and Eighty-Five Percent (85%) shall be paid during the construction phase of the project.

The general conditions budget has been updated to reflect a staffing approach appropriate for a project of this size to be completed within a fast-tracked construction schedule which includes up to a seven- day work schedule, expanded hours and overtime allowance. General Conditions inclusions are listed in Attachment A. General conditions expenses shall be reimbursable and provided to the city without fee markup by the CM. The billable hourly rates previously authorized by the City in Amendment No.2, dated March 5, 2024 were utilized to develop the general conditions budget. This billable hourly rate list has been updated to include one additional position as identified and attached hereto as Attachment A.

Rental rates for items included within the general conditions are attached hereto as Attachment A. In the event of an approved schedule extension, the general conditions budget shall be adjusted using the daily rate of $20,400.

731

2 of 6

We look forward to continuing our relationship with the City of Ontario. Please do not hesitate to contact me with any questions.

Sincerely

Jason Howarth
Project Executive
Tilden-Coil Constructors
Building with Integrity Since 1938
P: 951.684.5901 Ext. 209
Cell: 951.764.8929

732

3 of 6

ATTACHMENT A
Tilden-Coil Constructors, Inc.

General Conditions Inclusions and Standard Rental Rates

General Conditions Inclusions
Included within the general conditions budget are the following:

1. Construction manager’s labor - to be billed at the billable hourly rates attached

2. Recycling/trash for CM Office – reimbursement

3. Safety Measures, safety equipment – reimbursement

4. Traffic control/signage – reimbursement

5. Rumble plates – rental

6. Caretaker/security – reimbursement

7. Temporary fencing and gates – reimbursement

8. Water filled barriers – rental

9. Vandalism/Graffiti repair – reimbursement

10. Office trailer rental, mobilization, demobilization, alarm – reimbursement

11. Storage bins – rental

12. Project signage – reimbursement

13. Temporary power poles and connection to office – reimbursement

14. Temp lighting supplementation – rental

15. Fuel (Equipment, supervision, management) – reimbursement

16. Fuel storage tank – rental

17. Small tools/equipment repair – reimbursement

18. On-site transportation – rental

19. Equipment rental – rental

20. Printing services – reimbursement

21. Progress photo/video documentation – rental

22. Construction surveying – reimbursement

23. Telephones, cell phones, internet – reimbursement

24. Computers, hardware, software, licensing – rental

25. Office copier, office plotter, office furnishings, office supplies, office cleaning, drinking water, postage/shipping, meetings/partnering – reimbursement

26. Owner purchases (ECORP) - reimbursement

27. CM GL/PL Insurance expense – fixed value

733

4 of 6

Billable Hourly Rates
Rates include escalation through July 2028 and shall be subject to adjustment annually in alignment with the consumer price index for the area.

*Overtime rates for positions identified are billed at 1.5x for hours billed in excess of 40 hours in a given week. All other positions are billed at the listed rate for overtime hours.

734

5 of 6

The rates are valued until July of 2026 and if the project continues beyond this date, are subject to a CPI increase percentage increase per year.

Description Day Week Month
Traffic Control:

Trailer mounted water tank $24.00 $72.00 $216.00
Fire hose per 100' with nozzle and hydrant wrench $8.00 $24.00 $72.00 Dewatering/Erosion Control:

Water Pump - Submersible with hose $30.00 $100.00 $300.00 Trash/Sewage Pump $75.00 $250.00 $850.00
Rumble Plates prorate prorate $135.00
Temporary Heating:

Heaters 50,000 to 150,000 BTU $190.00 $225.00 $650.00 Trailer Rental & Expenses:

Singlewide prorate prorate $450.00
Doublewide prorate prorate $900.00
8' x 28' prorate prorate $175.00
Temp Power Poles & Connection:

Light String (without bulbs) $4.00 $12.00 $36.00
Light Stand (without bulb) $4.00 $12.00 $36.00
Wobble Lights $15.00 $30.00 $85.00
Light Towers $247.00 $490.00 $950.00
Small Tools/Equipment:

Radial Arm - Towable $50.00 $150.00 $450.00
735

6 of 6

BIM Total Station prorate prorate $4,500.00
3D Site Scanner prorate prorate $6,500.00
Drone (Includes licensing fees for processing software) prorate prorate $1,500.00 Office Equipment:

736
_________
City of Ontario-KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT

Page 1 of 8 ends

Ontario City CouncilOctober 15, 2024

Ontario City Council
October 15, 2024