Agenda packet — Ontario City Council, November 19, 2024 (part 1 of 31)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
NOVEMBER 19, 2024
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to [email protected]. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ACCOMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER (OPEN SESSION)

ROLL CALL
Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon

PLEDGE OF ALLEGIANCE
Council Member Wapner

INVOCATION
Senior Pastor Thomas, Ontario Seventh-Day Adventist Church PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 1. APPROVAL OF MINUTES
ATTACHMENT: 20241015 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.

The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.

Minutes for the regular meetings of the City Council, Housing Authority and Industrial Development Authority of October 15, 2024, and approving same as on file in the Records Management Department.

Bills October 25, 2024 through October 31, 2024, and Payroll October 6, 2024 through October 19, 2024.

That the City Council:

A. Adopt a Resolution approving an Agreement regarding Community Facilities District No. 52 (Sundance Park) for Assessor Parcel Number (LD Parcel 1) 0218-211-01-0000 and Fee In-Lieu (the “Agreement”) between the City of Ontario and BrookCal Ontario, LLC (the “Developer”); and
B. Authorize the City Manager, or his designee, to finalize, execute, and record said Agreement.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 ATTACHMENT: Resolution Approving Fee In-Lieu Agreement 01^RESO^RM ATTACHMENT: CFD 52 Sundance Park Fee In-Lieu Agreement^02 Signed by developer_only.pdf
ATTACHMENT: CFD 52 Request for Budget Change_20241113 for granicus.pdf

4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA

CREEK LOGISTICS CENTER SERVICES)
ATTACHMENT: CFD 72 Loma Creek Logistics Center Services 01^ORD^RM

5. PURCHASE OF FLEET VEHICLES

6. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT AND PICNIC SHELTERS WITH

INNOVATIVE PLAYGROUNDS COMPANY FOR THE DE ANZA PARK IMPROVEMENTS PROJECT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING

THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.

That the City Council consider and adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES).

That the City Council take the following actions:

A. Authorize the sole source purchase and delivery of three (3) Ford F150 XLT pick-up trucks in the amount of $183,630 plus a 10% contingency of $18,363 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $201,993 from Citrus Motors, of Ontario, California, and B. Authorize the sole source purchase and delivery of two (2) Ford F150 Lariat pick-up trucks in the amount of $147,519 plus a 10% contingency of $14,752 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $162,271 from Citrus Motors, of Ontario, California; and C. Authorize the sole source purchase and delivery of one (1) Kovatch Mobile Equipment (KME) Custom Tractor Drawn Rescue in the amount of $2,757,113, plus a 10% contingency of $275,711 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $3,032,824 from Fire Apparatus Solutions, of Rialto, California.

That the City Council take the following actions:

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ATTACHMENT: BCI Burke- Sourcewell Contract 010521.pdf ATTACHMENT: Playground Quote.pdf
ATTACHMENT: Shelter Quote.pdf

7. DESIGN SERVICES AGREEMENTS FOR ON-CALL ARCHITECTURAL SPACE PLANNING AND

ENGINEERING DESIGN SERVICES
ATTACHMENT: HMC Group- Design Services Agreement.pdf
ATTACHMENT: Holt Architects- Design Services Agreement.pdf ATTACHMENT: IDS Group, Inc.- Design Services Agreement.pdf ATTACHMENT: Hammel, Green and Abrahamson, Inc.- Design Services Agreement.pdf ATTACHMENT: Robert Borders & Associates- Design Services Agreement.pdf

8. CONSTRUCTION CONTRACTS FOR THE SPORTS COMPLEX OFFSITE UTILITIES PROJECT AND

THE SEWER IMPROVEMENT AT VINEYARD PROJECT IN CONNECTION WITH THE

CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM A. Authorize the cooperative purchase of playground equipment for the De Anza Park Improvements Project in the amount of $913,554 plus a 10% contingency of $91,355 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $1,004,909 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR; and
B. Authorize the cooperative purchase of picnic shelters for the De Anza Park Improvements Project in the amount of $659,061 plus a 10% contingency of $65,906 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $724,967 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR.

That the City Council authorize the City Manager, or his designee, to execute the following three-year Design Services Agreements for on-call Architectural, Space Planning, and Engineering Design Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) additional one-year periods:
a. HMC Architects, of Ontario, California, for a total contract amount not-to-exceed $200,000;
b. Holt Architecture, of Palm Desert, California, for a total contract amount not-to-exceed $200,000;
c. IDS Group, Inc., of Irvine, California, for a total contract amount not-to-exceed $200,000; d. Hammel, Green and Abrahamson, Inc., of Santa Monica, California, for a total contract amount not-to-exceed $200,000; and
e. Robert Borders & Associates, of Costa Mesa, California, for a total contract amount notto-exceed $200,000.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to award Contract No. D&C23-025 Sports Complex Offsite Utilities Project to Griffith Company, of Brea, California, for the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 ATTACHMENT: Weka, Inc.- Construction Contract.pdf
ATTACHMENT: Ardurra Group, Inc.- Amendment No. 2.pdf
ATTACHMENT: Griffith Company- Construction Contract.pdf

9. A GOODS AND EQUIPMENT PURCHASE AGREEMENT WITH MCLAUGHLIN WASTE EQUIPMENT, INC. FOR ROLL-OFF CONTAINERS AND PARTS
ATTACHMENT: McLaughlin Waste Equipment, Inc.- Goods and Equipment Purchase Agreement.pdf

10. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NO. PDEV22-017 construction of the Offsite Utilities for the Sports Complex, in the amount of $90,584,000 plus a 15% contingency of $13,587,600, for a total not-to-exceed contract amount of $104,171,600, and
B. Authorize the City Manager or his designee to award Contract No. D&C23-025 Sports Complex Sewer Improvement at Vineyard Avenue Project to Weka, Inc., of San Bernardino, California, for the construction of the Offsite Vineyard Sewer for the Sports Complex, in the amount of $27,972,383 plus a 15% contingency of $4,195,857, for a total not-to-exceed contract amount of $32,168,240, and
C. Authorize the City Manager or his designee to execute Amendment No. 2 to the on-call Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide on-call Design Services for the Ontario Sports Complex Project in the amount of $72,780 for a total not-to-exceed contract amount of $2,457,212; and D. 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 conclusion of all construction related activities.

That the City Council authorize the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc., of Lockeford, California, for the purchase of roll-off containers and parts for a total contract amount not-toexceed $2,000,000 for up to five (5) years.

PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council conduct a public hearing on the appeal and after receiving public testimony, uphold the Planning Commission decision to approve the Development Plan (File No. PDEV22-017) and deny the appeal.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO CERTIFY THE 5355 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT: 20241119 File No. PDEV22-017 Appeal ^01 PC Back-up.pdf ATTACHMENT: 20241119 File No. PDEV22-017 CC^02 Appeal Letter Exhibit A.pdf ATTACHMENT: 20241119 File No. PDEV22-017 CC^03 Applicant Response.pdf ATTACHMENT: 20241119 File No. PDEV22-017 CC^07 HRA Memo.pdf ATTACHMENT: 20241119 File No. PDEV22-017 CC FEIR 04^RESO^RM ATTACHMENT: 20241119 File No. PDEV22-017 CC PDEV 05^RESO^RM ATTACHMENT: 20241119 File No. PDEV22-017 CC^06 Dept COA.pdf

11. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24- 003) REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE
ATTACHMENT: 20241119 PDCA24-003 ^01 PC Back-up.pdf
ATTACHMENT: 20241119 PDCA24-003 DCA 1 02^ORD^RM
ATTACHMENT: 20241119 PDCA24-003 DCA #1^03 ORD Attachment A.pdf

12. A RESOLUTION REGARDING A LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND EAST AIRPORT DRIVE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2022090006) FOR A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST

AIRPORT DRIVE, WITHIN THE IH (HEAVY INDUSTRIAL) ZONING DISTRICT, AND ADOPT

ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,

A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0238-052-29 AND 0238-052-20.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO.

PDEV22-017, A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST AIRPORT DRIVE,

WITHIN THE IH (HEAVY INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0238-052-29 AND 0238-052-20.

That the City Council introduce and waive further reading of an Ordinance Approving File No.

PDCA24-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-003, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS AND

GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 OTC LOT A OWNER, LLC AND AN ECONOMIC SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083
ATTACHMENT: OTC LOT A Owner LLC Loan Agmt 01^RESO^RM
ATTACHMENT: OTC Lot A Owner LLC Loan Subsidy Report 11-19-2024.doc ATTACHMENT: OTC Lot A Owner Loan Agreement 11-19-2024.doc ATTACHMENT: OTC Lot A Owner Leasehold Deed of Trust 11-19-2024.docx

13. A PUBLIC HEARING TO CONSIDER THE SALE OF CITY OF ONTARIO OWNED PROPERTY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52201; MAKING CERTAIN FINDINGS;

AND ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT

BETWEEN THE CITY OF ONTARIO AND RICHARD FERNANDO BARBA
ATTACHMENT: Barba Purchase and Sale Staff Report Exhibit A^01.pdf ATTACHMENT: Barba Purchase and Sale 02^RESO^RM
ATTACHMENT: Barba_52201_Summary_Report_ED_Opp_03.docx
ATTACHMENT: Barba_Purchase_and_Sale_Agmt_04.doc

14. INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

That the City Council consider and adopt a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to OTC Lot A Owner, LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING

THE LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC LOT A OWNER, LLC AND EXECUTION THEREOF; ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083; FINDING THAT SUCH LOAN

AGREEMENT APPROVAL IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(4) AND DIRECTING STAFF TO ISSUE A NOTICE OF EXEMPTION That the City of Ontario conduct a public hearing to consider the sale of City-owned property; and adopt a Resolution approving a Purchase and Sale Agreement (“Agreement”) between the City of Ontario (“City”) and Richard Fernando Barba (“Developer”) (on file in the Records Management Department); and authorize the City Manager to execute the Agreement and all other documents required for implementation of the Agreement.

A RESOLUTION OF THE CITY OF ONTARIO, OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING

A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ONTARIO AND RICHARD

FERNANDO BARBA FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 910 EAST CALIFORNIA STREET AND 808 SOUTH GREENWOOD AVENUE, ONTARIO.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: AB 481 Ordinance 01^ORD^RM
ATTACHMENT: Policy 708 Military Equipment^02
ATTACHMENT: OPD 481 DRAFT 2024^03

15. AN ORDINANCE AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL CODE

RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS TO

ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS
ATTACHMENT: Contractor Transparency ORD^RM
That the City Council introduce and waive further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET. SEQ.

That the City Council introduce an Ordinance amending Section 3-1.112 to Title 3 of the Ontario Municipal Code relating to requirements of contractors and subcontractors to enhance compliance with local labor standards.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL CODE RELATING TO LICENSE REQUIREMENTS

OF CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS.

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY/

INDUSTRIAL DEVELOPMENT AUTHORITY

MINUTES
OCTOBER 15, 2024
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council, Housing Authority and Industrial Development Authority were held on Tuesday, October 15, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:33 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, and Ruben Valencia ABSENT: Council/Authority Members: Jim W. Bowman (excused)

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Porada.

INVOCATION
The invocation was led by Rev. Benjamin Barlow, First Christian Church of Ontario.

SPECIAL CEREMONIES
PROCLAMATION OF OCTOBER 20-26, 2024 AS FRIENDS OF LIBRARIES WEEK The City Council proclaimed the week of October 20-26, 2024 as Friends of Libraries Week.
10 Ontario City Council/Ontario Housing Authority
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Regular Meeting Minutes – October 15, 2024

Page 2 of 17 ends

PROCLAMATION OF OCTOBER 6-12, 2024 AS NATIONAL FIRE PREVENTION WEEK
The City Council proclaimed the week of October 6-12, 2024 as National Fire Prevention Week.

Mayor Leon called a recess at 6:44 p.m. and reconvened at 6:46 p.m.

PUBLIC COMMENT
Assistant City Clerk Isbell announced there were no written comments.

Mayor Leon called upon the first speaker:

David Jaynes, spoke regarding traffic at the intersection of Mountain Avenue.

Nicole Diggs, spoke regarding traffic at the intersection of Mountain Avenue.

Natalie Peterkin, spoke regarding traffic at the intersection of Mountain Avenue.

Sherry Wicks, spoke regarding traffic at the intersection of Mountain Avenue.

Sabrina Demase, spoke regarding traffic at the intersection of Mountain Avenue.

Hope Bilderain, announced the Relay for Life on October 19, 2024.

Cody Neighbors, spoke regarding crime at Mountain Avenue and 4th Street.

Kristina Cotran, announced upcoming Toastmasters’ meetings.

Xochitl Baca, spoke on Indigenous People Day.

Brad Neumann, spoke on his personnel matter.

Jesse Fonseca, spoke regarding airplane noise.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced the updated Exhibits to the Resolution being considered under Agenda Item No. 7. The update reflected any payments received from property owners up to 9:00am on Tuesday, October 15, 2024. The updated materials reflected a revised and reduced amount for assessments totaling $34,913.29 related to 106 parcels, which means that $99,388.76 for 53 parcels was collected, postponed, or settled since the public agenda was prepared.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada, and carried by a unanimous vote 4-0 with Council Member Bowman absent, to approve the Consent Calendar without Item No. 18.

ITEM PULLED: Council Member Valencia pulled Item No. 18 for a separate vote.

There was one written comment from CMD Electric Inc. in opposition of Item No. 14.

1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council and Housing Authority of September 17, 2024 and approving same as on file in the Records Management Department.
11 Ontario City Council/Ontario Housing Authority
Industrial Development Authority
Regular Meeting Minutes – October 15, 2024

Page 3 of 17 ends

2. BILLS & PAYROLL
Approved bills September 13, 2024 through September 26, 2024, in the amount of $24,153,642.55, and Payroll August 25, 2024 through September 7, 2024 in the amount of $5,709,428.41.

3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH

INFRASTRUCTURE ENGINEERING CORPORATION, AN ARDURRA GROUP

CORPORATION, FOR THE FOURTH STREET STORM DRAIN PROJECT
The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 18 to the On-Call Design Services Agreement with Infrastructure Engineering Corporation, an Ardurra Group Corporation, of Newport Beach, California, to provide additional engineering design services and construction support for water main improvements for the Fourth Street Storm Drain Project in the amount of $494,235, for a revised not-to-exceed authorization amount of $9,651,703, and extend the contract term to allow for the completion of ongoing projects; and authorize the City Manager, or his designee, to execute said amendment and future amendments within the authorization limits.

4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20536 GENERALLY

LOCATED WEST OF ARCHIBALD AVENUE BETWEEN CHINO AVENUE AND

EAST RIVERSIDE DRIVE WITHIN THE COUNTRYSIDE SPECIFIC PLAN The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20536 generally located west of Archibald Avenue between Chino Avenue and East Riverside Drive within the Countryside Specific Plan.

RESOLUTION NO. 2024-173 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20536

GENERALLY LOCATED WEST OF ARCHIBALD AVENUE BETWEEN CHINO

AVENUE AND EAST RIVERSIDE DRIVE WITHIN THE COUNTRYSIDE SPECIFIC PLAN.

5. AN AGREEMENT WITH THE CITY OF CHINO FOR OPERATIONS AND

MAINTENANCE OF THE LANDSCAPED MEDIAN ON EUCLID AVENUE
The City Council authorized the City Manager, or his designee, to execute an Agreement with the City of Chino for the shared operations and maintenance of the landscaped median on Euclid Avenue between Riverside Drive and Merrill Avenue. 12 Ontario City Council/Ontario Housing Authority
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Regular Meeting Minutes – October 15, 2024

Page 4 of 17 ends

6. A CONSTRUCTION CONTRACT WITH SULLY-MILLER CONTRACTING COMPANY; A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC.; AND AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR

THE GROVE AVENUE AND HOLT BOULEVARD STREET AND TRUNK SEWER

IMPROVEMENTS PROJECT
The City Council took the following actions:

A. Awarded a Construction Contract to Sully-Miller Contracting Company of Brea, CA, for the construction of the Grove Avenue at Holt Boulevard Intersection Widening and North Vineyard Avenue Sanitary Sewer Project, in the contract amount of $20,323,888 plus a fifteen percent (15%) contingency of $3,048,584, for a total not-to-exceed authorization amount of $23,372,472; and authorized 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.

B. Authorized the City Manager, or his designee, to execute a Professional Services Agreement with Stantec Consulting Services Inc. of Irvine, California, for the North Vineyard Avenue Sanitary Sewer Project, for $212,900 plus an additional fifteen percent (15%) contingency of $31,935 for a total not-to-exceed authorization amount of $244,835 for construction engineering services.

C. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with Ardurra Group, Inc. of El Segundo, CA, for the North Vineyard Avenue Sanitary Sewer Project, by $191,148 plus an additional ten percent (10%) contingency of $19,115 for a new total not-to-exceed authorization amount of $4,312,812 for construction management, inspection, and material testing services.

7. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS
The City Council adopted a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.

RESOLUTION NO. 2024-174 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE

PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR

CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
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8. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE EMERGENCY DEMOLITION OF THE PROPERTY AT 9155/9381 E. RIVERSIDE DRIVE
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Change Order No. 1 to the Construction Contract with Resource Environmental, Inc., of Cerritos, California, in the amount of $1,422,409 for a total not-to-exceed contract amount of $3,163,409; and
B. Authorized 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 conclusion of all construction related activities.

9. AWARD A CONSTRUCTION CONTRACT TO OPTIMA RPM, INC. FOR THE

WELLNESS CAMPUS PROJECT AND AMENDMENTS TO THE DESIGN

SERVICES AGREEMENT WITH HMC ARCHITECTS FOR THE DESIGN OF THE WELLNESS CAMPUS PROJECT AND TITLE 24 COMMISSIONING SERVICES

FOR THE CITY SERVICES BUILDING PROJECT
The City Council took the following actions:

A. Rejected Spec 7 Con’s bid for Bid No. 1846 - D&C24-011 Ontario Motor Inn Renovation as being nonresponsive, and
B. Authorized the City Manager, or his designee, to execute a Construction Contract Bid No. 1846 - D&C24-011 Ontario Motor Inn Renovation with Optima RPM, Inc., of Irvine, California, for the renovation of a City-owned motel for emergency and temporary housing units located at 1522 W. Mission Blvd. in the amount of $4,098,000 and authorize a 20% contingency of $819,600 for a total not-to-exceed contract amount of $4,917,600, and C. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide on-call architectural services for the design of the Wellness Campus Project in the amount of $1,141,485 for a total not-toexceed contract amount of $9,236,815; D. Authorized the City Manager, or his designee, to execute Amendment No. 6 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide Title 24 Commissioning Services for the City Services Building Project in the amount of $44,510 for a total not-to-exceed contract amount of $9,281,325; and
E. Authorized 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 conclusion of all construction related activities.
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10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GALLAGHER BENEFIT SERVICES INC. FOR SPECIALIZED RECRUITMENT

SUPPORT
The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Gallagher Benefit Services Inc., of Berkeley, California, for specialized recruitment services in the amount of $100,000 for a total a not-to-exceed amount of $342,885.

11. PROFESSIONAL DESIGN SERVICES AGREEMENTS FOR ON-CALL

ARCHITECTURAL SERVICES FOR THE ONTARIO MUSEUM OF HISTORY AND ART
The City Council took the following actions:

A. Rejected the protest from MAAM Architects for D&C23-009 Museum On-Call Architect as the selection was based on qualifications, and B. Authorized the City Manager or his designee to complete and execute the following three-year Professional Design Services Agreement for On-Call Architectural Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) additional oneyear periods:

1. Frederick Fisher & Partners, of Los Angeles, California for a total contract amount not-to-exceed $250,000;

2. Architectural Resources Group, of Los Angeles, California for a total contract amount not-to-exceed $150,000; and

3. Page & Turnbull, of Los Angeles, California for a total contract amount not-to-exceed $150,000; and

4. HMC Architects, of Ontario, California for a total contract amount not-toexceed $150,000; and

5. Smithgroup, of Los Angeles, California for a total contract amount not-toexceed $150,000; and

6. Johnson Favaro, of Culver City, California for a total contract amount notto-exceed $150,000; and C. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

12. A CONSTRUCTION CONTRACT WITH PHILBIN CONSTRUCTION COMPANY

FOR MASS GRADING AND AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH SWA GROUP, INC. FOR ONTARIO'S GRAND

PARK PROJECT
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The City Council took the following actions:

A. Authorized the City Manager, or his designee, to complete and execute Construction Contract No. D&C21-005 - Grand Park Phase 1 Rough Grading with Philbin Construction Company, of Laguna Niguel, California, for the mass grading and debris removal at Ontario’s Grand Park in the amount of $4,534,000 plus a 20% contingency of $906,800 for a total not-to-exceed contract amount of $5,440,800, and
B. Authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with SWA Group, Inc., of Laguna Beach, California, for additional engineering services in the preparation of the design and construction documents for Ontario’s Grand Park Project in the amount of $141,359 for a not-to-exceed amount of $6,114,355; and C. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, lot line adjustments, reduction of retention accounts, contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

13. 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
The City Council approved 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.

14. 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

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The City Council took the following actions:

A. Authorized 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 authorized 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

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. The City Council rejected 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. The City Council rejected 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 Sta to solicit new bids for these trades in relation to the Professional Baseball Stadium, and D. The City Council rejected the bid protest from CMD Electric for Bid No. 1831 - D&C23-Minor League Baseball Stadium, and
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E. Authorized 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 authorized 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. Authorized 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. Authorized 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. Authorized 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 notto-exceed contract amount of $45,968,259, and I. Authorized 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. Authorized 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 conclusion of all construction related activities; and
K. Considered and adopted a Resolution making a declaration of intent to issue tax-exempt obligations for the City’s public capital improvements.

RESOLUTION NO. 2024-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAXEXEMPT OBLIGATIONS FOR PUBLIC CAPITAL IMPROVEMENTS.

15. A LEASE AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE

INTERNATIONAL AIRPORT AUTHORITY
The City Council approved a Lease Agreement between the City of Ontario and the Ontario International Airport Authority for the use of the City-owned property located 18 Ontario City Council/Ontario Housing Authority
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at 1236 East Airport Drive for a five-year term with the option to extend for up to two additional five-year terms.

16. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE SPECIALIZED PARTS

AND EQUIPMENT FOR CITY FIBER OPTICS NETWORK
The City Council approved a pre-authorized vendor list to provide specialized parts and equipment for the construction and maintenance of the City Fiber Optics Network, OntarioNet.

17. A SPECIAL SERVICES AGREEMENT WITH SAN BERNARDINO COUNTY FOR

WIDE AREA NETWORK AND GENERAL INNOVATION AND TECHNOLOGY DEPARTMENT SERVICES.

The City Council authorized the City Manager or his designee to execute a Special Services Agreement with San Bernardino County, with its principal place of business in San Bernardino, California, for Wide Area Network and General Innovation and Technology Department Services for a total contract not-to-exceed amount of $9,969,488.

ITEMS PULLED FOR A SEPARATE VOTE:

18. ADOPTION OF AN ORDINANCE AMENDING SECTION 2-1.203 OF THE

ONTARIO MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR

THE CITY COUNCIL
The City Council adopted an Ordinance amending Section 2-1.203 of the Ontario Municipal Code relating to Salary Compensation for the Mayor and the City Council.

Introduction and first reading took place at a regular meeting on October 1, 2024.

ORDINANCE NO. 3287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-1.203 OF THE ONTARIO

MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR THE CITY COUNCIL.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a vote 3-1 with Council Member Bowman absent and Council Member Valencia in opposition, to adopt Ordinance No. 3287.

PUBLIC HEARINGS
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19. A PUBLIC HEARING TO CONSIDER THE SALE OF ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY OWNED PROPERTY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52201; MAKING CERTAIN FINDINGS; AND

ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE

AGREEMENT BETWEEN THE ONTARIO INDUSTRIAL DEVELOPMENT

AUTHORITY AND RICHARD FERNANDO BARBA
The Ontario Industrial Development Authority conducted a public hearing to consider the sale of Authority-owned property; and adopt a resolution approving a Purchase and Sale Agreement between the Ontario Industrial Development Authority and Richard Fernando Barba (on file in the Records Management Department); and authorized the Executive Director to execute the Agreement and all other documents required for implementation of the Agreement.

RESOLUTION NO. OIDA-60 A RESOLUTION OF THE ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE ONTARIO

INDUSTRIAL DEVELOPMENT AUTHORITY AND RICHARD FERNANDO BARBA

FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 928 EAST CALIFORNIA STREET, 960 EAST CALIFORNIA STREET, 1042 EAST CALIFORNIA STREET, 807 SOUTH GREENWOOD AVENUE, 814 SOUTH GREENWOOD AVENUE, AND 815 SOUTH GREENWOOD AVENUE, ONTARIO.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution No. OIDA-60.

20. A PUBLIC HEARING TO CONSIDER THE SALE OF ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY OWNED PROPERTY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52201; MAKING CERTAIN FINDINGS; AND

ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE

AGREEMENT BETWEEN THE ONTARIO INDUSTRIAL DEVELOPMENT

AUTHORITY AND ANADALUSIA DEVELOPMENT COMPANY
The Ontario Industrial Development Authority conducted a public hearing to consider the sale of Authority-owned property; and adopt a resolution approving a Purchase and Sale Agreement between the Ontario Industrial Development Authority and Anadalusia Development Company (on file in the Records Management Department); and authorized the Executive Director to execute the Agreement and 20 Ontario City Council/Ontario Housing Authority
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all other documents required for implementation of the Agreement.

RESOLUTION NO. OIDA-61 A RESOLUTION OF THE ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE ONTARIO

INDUSTRIAL DEVELOPMENT AUTHORITY AND ANADALUSIA DEVELOPMENT

COMPANY FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 936 SOUTH GROVE AVENUE, ONTARIO.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution No. OIDA-61.

21. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NOS. PMTT23-008 AND PDEV23-037
The City Council conducted a public hearing on the appeal and after receiving all public testimony, uphold the Planning Commission's decision to approve Tentative Tract Map No. 20659 (File No. PMTT23-008) and a Development Plan (File No.

PDEV23-037) and deny the appeal.

RESOLUTION NO. 2024-176 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PMTT23-008, FOR TENTATIVE TRACT MAP NO. 20659, SUBDIVIDING 3.1 ACRES OF LAND INTO ONE PARCEL FOR CONDOMINIUM PURPOSES LOCATED AT 1355 WEST 5TH STREET, WITHIN THE LDR-5 (LOW DENSITY RESIDENTIAL – 2.1 TO 5.0 DU/AC) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 1008-551-12.

RESOLUTION NO. 2024-177 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PDEV23-037, A DEVELOPMENT PLAN TO CONSTRUCT 70 MULTIPLE-FAMILY RESIDENTIAL CONDOMINIUM UNITS, INCLUDING 7 MODERATE INCOME AFFORDABLE UNITS ON 3.1 ACRES OF LAND LOCATED AT 1355 WEST 5TH STREET, WITHIN THE LDR-5 (LOW DENSITY RESIDENTIAL – 2.1 TO 5.0 DU/AC) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1008-551-

12. 21
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Notice of public hearing was duly given. Affidavits of compliance are on file. The following submitted written communications in opposition:

Greg Gomez
Allen
Mary Thompson
Cynthia Kerby
Jorge Mogollan
Sergio Canales
Eileen Finlay
Joel Harger
Assistant Director of Community Development Rudy Zeledon provided background on the item.

Mayor Leon recessed the meetings at 7:31 p.m. and reconvened at 7:41 p.m.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

The appellant Greg Gomez provided background regarding his opposition to the item.

Leo Gomez, spoke in opposition.

Steve Ho, spoke in opposition.

Tiffany Onspot, spoke in opposition.

Luis Suarez, spoke in opposition.

Peter Bloomfield, spoke in opposition.

Elizabeth Garcia, spoke in opposition.

Gustavo Valdez, spoke in opposition.

Klara Valdez, spoke in opposition.

Juana Hironaca, spoke in opposition.

Martha Lopez, spoke in opposition.

Joe Estrada, spoke in opposition.

Judy Rodriguez-Jauregui, spoke in opposition.

Joe Solis, spoke in opposition.

The applicant Joe Oftalie spoke in support of the project.

Mr. Gomez was given an opportunity to rebuttal Mr. Oftalie’s comments.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.
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MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution Nos. 2024-176 and 204-177.

22. A RESOLUTION TO ESTABLISH BROADBAND FEES FOR ONTARIONET The City Council adopted a Resolution to adopt a schedule of fees, as well as charges for late or declined payments, including the maximum and minimum rates that OntarioNet may charge customers to access and use OntarioNet’s fiber optic network to connect to the Internet and to obtain communications services, upon the recommendation of the City Manager, and to delegate authority to the City Manager to establish rate plans for residential and small business customers, and negotiate contract rates with large commercial customers within those established ranges, and to set all the other terms, conditions and policies applicable to customer access and use of OntarioNet’s fiber optic network and related services.

RESOLUTION NO. 2024-178 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING FEES FOR USE OF THE

ONTARIONET FIBER OPTIC NETWORK AND OTHER ASSOCIATED LOCAL GOVERNMENT PROPERTY.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution No. 2024-178.

23. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE

ZONING ADMINISTRATOR'S INTERPRETATION AND DETERMINATION DECISION FOR FILE NOS. PDET23-005, PDET23-007, PDET23-008, PDET23- 009, PDET23-010, PDET23-015 AND PDET23-016
The City Council conducted a public hearing on the Appeals and after receiving all public testimony, uphold the Planning Commission's decision to uphold Zoning Administrator Decision No’s. ZA23-024 (File No. PDET23-005), ZA23-030 (File No.

PDET23-007), ZA23-031 (File No. PDET23-008), ZA23-032 (File No. PDET23-009), ZA23-033 (File No. PDET23-010), ZA23-038 (File No. PDET23-015) and ZA23-039 (File No. PDET23-016) and deny the Appeals.

RESOLUTION NO. 2024-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S 23 Ontario City Council/Ontario Housing Authority
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DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-005) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE HOTEL HACIENDA, LOCATED AT 2425 SOUTH ARCHIBALD AVENUE, WITHIN THE COMMUNITY

COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1083-071-26.

RESOLUTION NO. 2024-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-007) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE BRIGHT STAR MOTEL, LOCATED AT 1530 WEST MISSION BOULEVARD, WITHIN THE LIGHT

INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1011-221-15.

RESOLUTION NO. 2024-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-008) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE DAYS INN ONTARIO MOTEL, LOCATED AT 1405 EAST 4TH STREET, WITHIN THE NEIGHBORHOOD

COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0108-381-32.

RESOLUTION NO. 2024-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-009) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE ECONOMY INN, LOCATED AT 2301 SOUTH EUCLID AVENUE, WITHIN THE COMMUNITY COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
1051-071-04.

RESOLUTION NO. 2024-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-010) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE MAYFAIR INN, LOCATED AT 1120 EAST HOLT BOULEVARD, WITHIN THE INDUSTRIAL PARK ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-141-

25. 24
Ontario City Council/Ontario Housing Authority
Industrial Development Authority
Regular Meeting Minutes – October 15, 2024

Page 16 of 17 ends

RESOLUTION NO. 2024-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-015) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE SANDS MOTEL, LOCATED AT 1240 WEST MISSION BOULEVARD, WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
1101-211-03.

RESOLUTION NO. 2024-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-016) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE

AND ENFORCEABLE TO THE OPERATION TO THE WEST COAST INN, LOCATED AT 1211 NORTH GROVE AVENUE, WITHIN THE NEIGHBORHOOD

COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1047-451-25.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution Nos. 2024-179, 2024-180, 2024-181, 2024-182, 2024-183, 2024-184, 2024- 184, and 2024-185.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

24. A RESOLUTION AUTHORIZING THE DISSOLUTION OF THE CHINO BASIN

WATER BANK PLANNING AUTHORITY AND APPROVING AN AMENDMENT

TERMINATING THE AUTHORITY'S JOINT POWERS AGREEMENT BY AND

AMONG THE CITY OF ONTARIO, INLAND EMPIRE UTILITIES AGENCY,

CUCAMONGA VALLEY WATER DISTRICT, AND MONTE VISTA WATER

DISTRICT
The City Council adopted a Resolution authorizing the City Manager, or his designee, to dissolve the Chino Basin Water Bank Planning Authority and approved an Amendment terminating the Joint Powers Agreement by and among the City of Ontario, Inland Empire Utilities Agency, Cucamonga Valley Water District, and 25 Ontario City Council/Ontario Housing Authority
Industrial Development Authority
Regular Meeting Minutes – October 15, 2024

Page 17 of 17 ends

Monte Vista Water District.

RESOLUTION NO. 2024-186 A RESOLUTION OF THE CITY COUNCIL OF

ONTARIO, CALIFORNIA, AGREEING TO DISSOLVE THE CHINO BASIN WATER

BANK PLANNING AUTHORITY AND APPROVE AN AMENDMENT TERMINATING THE AUTHORITY’S JOINT POWERS AGREEMENT.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0 with Council Member Bowman absent, adopt Resolution No. 2024-186.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Valencia had no comments.

Council Member Wapner had no comments.

Mayor Leon had no comments.

Mayor pro Tem Porada announced the upcoming Art Festival.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 9:07 p.m. and announced the next regular meeting was scheduled for November 5, 2024.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
26 Department: Financial Services
Prepared By: Stephanie Castro
Department:

Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.

CITY OF ONTARIO
Agenda Report
November 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The Agreement will allow the City to collect $235,398 for Special Tax A and $66,390 for Special Tax B from the Developer since the formation of Community Facilities District No. 52 (Sundance Park) was not formed in time to levy the special taxes on the property for Fiscal Year 2024-25. The special tax revenues will be included in the Fiscal Year 2024-25 next quarterly budget update to pay for administrative fees and municipal services. The net fiscal impact to the General Fund is a revenue of approximately $60,000 to pay for City provided services.

BACKGROUND & ANALYSIS: On June 7, 2022, the City and BrookCal Ontario, LLC, entered into that certain Development Agreement (File No. PDA21-014) (the “Development Agreement”). Pursuant to Section 5.1 of the Development Agreement, the Developer must form a community facilities district 27 (the “CFD”) which consists of the property, pursuant to the Mello-Roos Community Facilities Act of 1982 (commencing with Government Code Section 53311) prior to recordation of any parcel map and issuance of building permits. The Owner petitioned the City to establish a community facilities district known as Community Facilities District No. 52 (Sundance Park), and on August 20, 2024, the City did establish the CFD, relating to the development of and to include Assessor Parcel Number 0218-211-01-0000 (the property), and the CFD was not formed in time to meet the County of San Bernardino's deadline to place the levy of the CFD special taxes on the annual tax roll for Fiscal Year 2024-25.

The City and Developer desire to enter into this Agreement, which requires that the Developer pay the City an amount equal to what otherwise would have been the special tax levy amount on permitted parcels in the CFD for the Fiscal Year 2024-25 levy period, since the CFD was not formed by August 10, 2024.

The attached Resolution approves the Agreement and authorizes its execution by the City Manager or either of his designees.
28 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN

AGREEMENT REGARDING ASSESSOR PARCEL NUMBER (LD
PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.

WHEREAS, On August 20, 2024, the City of Ontario (the “City”) and BrookCal Ontario, LLC (the “Developer”), entered into that certain Development Agreement (File No. PDA21-014) relating to the development of Assessor Parcel Number (LD Parcel 1) 0218-211-01-0000 (the “Property”); and
WHEREAS, the Owner petitioned the City to establish a community facilities district known as City of Ontario Community Facilities District No. 52 (Sundance Park) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982 (commencing with Government Code Section 53311), and, on August 20, 2024, the City did establish the CFD relating to the development of and to include Assessor Parcel Number 0218-211- 01-0000 (the “Property”); and
WHEREAS, the CFD was not formed in time to meet the County of San Bernardino’s deadline to place the levy of the CFD special taxes on the annual tax roll for Fiscal Year 2024-25; and
WHEREAS, the City and the Developer now desire to enter into that certain Fee In-Lieu Agreement, the form of which is attached hereto as Exhibit “A” and incorporated herein (the “Agreement”), relating to the payment by Developer of an amount in-lieu of the levy of special taxes by the CFD for Fiscal Year 2024-25.

NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Ontario as follows:

SECTION 1. Recitals. The above recitals are true and correct and the City Council of the City (the “City Council”) so finds and determines.

SECTION 2. Approval of Agreement. The Agreement is hereby approved by the City Council in substantially the form presented at this meeting, and attached hereto as Exhibit A, with such insertions, omissions and changes as shall be approved by the City Manager, Assistant City Manager, or either of their designees (the “Authorized Officers”), the execution of the Agreement being conclusive evidence of such approval.

The execution and delivery of the Agreement is hereby confirmed and ratified. The Authorized Officers are hereby directed and authorized to execute and to take all other necessary actions to effectuate the transaction contemplated by this Resolution. 29 SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

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

PASSED, APPROVED, AND ADOPTED this 19th day of November, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
30 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held November 19, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held November 19, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
31 EXHIBIT A

IN-LIEU AGREEMENT
[attached]
32 33
34 35
36 37
Department: Financial Services
Prepared By: Stephanie Castro
Department:

Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:

LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES)

CITY OF ONTARIO
Agenda Report
November 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The use of Mello-Roos financing in the Loma Creek Logistics Center Services development is projected to generate approximately $133,848 per year, at buildout, to fund administrative fees and municipal services. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS: The Mello-Roos Community Facilities Act of 1982 (the Act) provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to fund municipal services.

At a public hearing conducted by the City Council on November 5, 2024 the City Council adopted a Resolution of Formation of Community Facilities District 72 (Loma Creek Logistics Center Services); authorized the levy of a special tax; established an appropriations limit of the Community Facilities District; and called a special election for the Community Facilities District. On that date, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act. Adoption of the proposed 38 ordinance to authorize the levy of special taxes within the Community Facilities District will conclude the formation process for City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).

The Loma Creek Logistics Center Services project addresses the development of approximately

23.87 gross acres located generally south of Chino Avenue, north of Ontario Ranch Road, west of Mill Creek Avenue, and east of Haven Avenue. At buildout, the project is expected to include 535,168 square feet of industrial space.
39 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX

WITHIN CITY OF ONTARIO COMMUNITY FACILITIES
DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER

SERVICES)
WHEREAS, on September 17, 2024, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services) and to Authorize the Levy of a Special Tax Therein” stating its intention to establish City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain services (the “Services”); and
WHEREAS, on November 5, 2024, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services), Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” (the “Resolution of Formation”) and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District, proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and
WHEREAS, on November 5, 2024, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and
WHEREAS, the City Council is the legislative body of the Community Facilities District;
40 THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2025-26 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

SECTION 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

SECTION 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

SECTION 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Services and incidental expenses pursuant to the Act.

SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

The City Clerk of the City of Ontario shall certify as to the adoption of this Ordinance.
41 PASSED, APPROVED, AND ADOPTED this 19th day of November, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
42 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held November 5, 2024 and adopted at the regular meeting held November 19, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held November 19, 2024 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
43 Department: Public Works
Prepared By: Manuel Rebolledo
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: 5
SUBJECT: PURCHASE OF FLEET VEHICLES

CITY OF ONTARIO
Agenda Report
November 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT: The total cost of the vehicles recommended for purchase is $3,088,262 plus a 10% contingency of $308,826 for a total not-to-exceed amount of $3,397,088. The Fiscal Year 2024-25 Adopted Budget includes partial appropriations in the Equipment Services Fund for the purchase of the vehicles listed above. If approved, additional appropriations will be requested, as needed, in future quarterly budget updates to the City Council for approval.

BACKGROUND & ANALYSIS: The need for the following four (4) vehicles is a result of growth throughout the City leading to increased operations:

Three (3) Ford F150 XLT pick-up trucks requested by the Fire Department; and 44 One (1) KME Custom Tractor Drawn Rescue by the Fire Department.

The following two (2) vehicles being requested are replacements for existing vehicles:

Two (2) Ford F150 Lariat pick-up trucks requested by the Fire Department.

The vehicles recommended for replacement have outlived their useful life and it is no longer cost effective to maintain them. They are scheduled for replacement pursuant to ongoing efforts to reduce expenses, maximize useful life expectancy, and extend replacement cycles of fleet equipment while ensuring safe and reliable operation.

On September 17, 2024, the City Council approved the award of Bid No. 1773 for three (3) Ford F150 XLT pick-up trucks and Bid No. 1774 for two (2) Ford F150 Lariat pick-up trucks to the sole bidder, Proper Performance LLC, of New Wilmington, Pennsylvania. However when Staff proceeded to place an order, Proper Performance, LLC notified the City that they no longer stocked the vehicles outlined in Bid No. 1773 and Bid No. 1774.

In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.20(c) allows the purchase of supplies and equipment without further complying with the City's standard bidding procedures if no bids are received through the formal or informal procedures.

On September 19, 2023 the City Council approved Fire Apparatus Solutions, of Rialto, California, as the sole vendor for KME fire apparatus and fire equipment. Fire Department Staff is requesting to purchase a KME Custom Tractor Drawn Rescue to supplement their existing fleet.

The table below summarizes the quantity, type, requesting Agency, and price of each vehicle purchase:

QUANTITY TYPE DEPARTMENT PRICE
3 Ford F150 XLT Fire Department $201,993
2 Ford F150 Lariat Fire Department $162,271
1 KME Tractor Drawn
Rescue
Fire Department $3,032,824

TOTAL TOTAL
6 $3,397,088
45 Department: Public Works
Prepared By: Philip Marino
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Bonnie Tam
Approved By:

SHELTERS WITH INNOVATIVE PLAYGROUNDS COMPANY FOR THE DE ANZA PARK

IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
November 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Authorize the cooperative purchase of playground equipment for the De Anza Park Improvements Project in the amount of $913,554 plus a 10% contingency of $91,355 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $1,004,909 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR; and
B. Authorize the cooperative purchase of picnic shelters for the De Anza Park Improvements Project in the amount of $659,061 plus a 10% contingency of $65,906 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $724,967 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects- Measure Q Fund for the purchase of playground equipment and picnic shelters for the De Anza Park Improvements Project. The cost of the playground equipment is an amount of $913,554 plus a 10% contingency of $91,355 for a total not-to-exceed amount of $1,004,909. The total cost of the picnic shelters is an amount of $659,061 plus a 10% contingency of $65,906 for a total not-toexceed amount of $724,967. The total cost of the recommended actions is in an amount of $1,572,615 plus a 10% contingency of $157,261 for a total amount not-to-exceed $1,729,876. 46 BACKGROUND & ANALYSIS: The current playground equipment at De Anza Park is outdated and in need of replacement to keep it in working order and to reduce future maintenance expenses. If approved, Innovative Playgrounds Company will construct concrete curbing around the playground, install rubber surfacing, and install the play equipment. The project consists of a 2 to 5 year-old play area, and a 5 to 12 year-old play area. Play elements include slides, climbing features, music equipment, shade structures, swings, orbit spinner, and benches.

A total of four (4) steel hip, vented top picnic shelters will be installed at De Anza Park. Three (3) picnic shelters will be installed adjacent to the new playground and one (1) picnic shelter will be installed near the proposed splash pad area. Each shelter will have four (4) picnic tables, including one (1) Americans with Disabilities Act-compliant picnic table, accommodating approximately 16 people per picnic shelter. These shelters provide needed shade for park users while utilizing the surrounding park amenities.

In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2- 6. 29 allows for the purchase of supplies and equipment through cooperative purchasing programs. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible. 47 010521-BUR
Rev. 10/2020 1
Solicitation Number: RFP #010521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and BCI Burke Company, LLC, 727 Northwest Way, Fond du Lac, WI 54937 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

48 010521-BUR
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable

49 010521-BUR
Rev. 10/2020 3
time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing

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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their

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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.

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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance

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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40

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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any

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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

63 010521-BUR
Rev. 10/2020 17

22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell BCI Burke Company, LLC
By: __________________________ By: __________________________ Jeremy Schwartz Doug Pietrowski
Title: Director of Operations &
Procurement/CPO
Title: Chief Financial Officer
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

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Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC

Page 1 of 2 ends

AMENDMENT #1
TO
CONTRACT #010521-BCI
THIS AMENDMENT is by and between Sourcewell and BCI Burke Company, LLC (Vendor).

Vendor was awarded a Sourcewell Contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement).

The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

1. This Amendment is effective upon the date of the last signature below.

2. Table 13: Audit and Administrative Fee—Line Item Question 63 of the Proposal is deleted in its entirety and replaced with the following new language:

RESPONSE: Burke is pleased to offer an administrative fee of 2% of the customer price of all products and services, excluding freight and bond charges, invoiced/sold under the Sourcewell contract. This fee will be reported and paid to Sourcewell on a quarterly basis. The sale will be reported, and the fee paid once full payment is received from the Sourcewell customer. Burke agrees not to up-charge or offset the administrative fees to Sourcewell Members.

Page 2 of 2 ends

Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell BCI Burke Company, LLC
By: By:

Authorized Signature Authorized Signature
Jeremy Schwartz Marianne Larson
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title:

Date: Date:

Sourcewell–APPROVED:

By:

Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
Date:

Page 1 of 1 ends

AMENDMENT #2
TO
CONTRACT #010521-BCI
THIS AMENDMENT is by and between Sourcewell and BCI Burke Company, LLC (Vendor).

Sourcewell awarded Vendor a contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement).

The parties agree that certain terms within the Original Agreement will be amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

1. This Amendment is effective upon the date of the last signature below.

2. Section 18. Insurance, Subsection A. Requirements, Item 5 Professional/Technical Errors and Omissions of the Original Agreement is deleted in its entirety.

Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell BCI Burke Company, LLC
By: By:

Jeremy Schwartz Doug Pietrowski
Title: Director of Operations & Procurement/CPO Title:

Date: Date:

Sourcewell–APPROVED:

By:

Chad Coauette
Title: Executive Director/CEO
Date:

Page 1 of 1 ends

AMENDMENT #3
TO
CONTRACT #010521-BCI
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and BCI Burke Company, LLC (Vendor).

The parties agree that certain terms within the Original Agreement will be amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

The response to question 49 in Table 10 of the Proposal is clarified to read: "Payment for equipment items will be due within 30 days after the products ship. Service-related items will typically be invoiced at completion of the project and will be due within 30 days of the invoice date. Larger projects may require progress payments, in which case, these terms will be clearly noted on the customer quotation." Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell BCI Burke Company, LLC
By: By:

Jeremy Schwartz Marianne Larson
Title: Director of Operations & Procurement/CPO Title:

Date: Date:

Sourcewell–APPROVED:

By:

Chad Coauette
Title: Executive Director/CEO
Date:

# % !

"
!

$

86 ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.

Innovative Playgrounds Co., Inc.
12407 E. Slauson Ave. Unit D
Whittier, CA 90606
562-693-5200
www.innovplay.com
Estimate

ADDRESS
City of Ontario
1425 S. Bon View Ave.

Ontario, CA 91761
Sourcewell ID# 34482

SHIP TO
M/F: De Anza Park
1405 S. Fern Ave.

Ontario, CA 91762
ESTIMATE # DATE
10608 10/09/2024
TRACKING NO. SALES REP
New Play Units ALVINO

ACTIVITY DESCRIPTION AMOUNT
***AREA 5-12***
PREP-BASE Install (5,815) Sq. Ft. of aggregate base at 4" depth to prep for rubber surfacing. (Open Market) 12,940.42 PREP WORK Construct (325) LF of concrete curbing at 6" x 10". (Open Market) 19,225.35 PLAY UNIT Supply Burke Play Equipment as Per Drawing #513-176945-6, Includes:
(1) "Nucleus Aspire Series" Play Unit for 5-12 Age Group with 5" OD Aluminum Posts and Integrated Shade Canopies, (1) Custom Giant Burke Chair, (1) Music PlayEnsemble Center, (1) Serenity Spot, (1) Inclusive Orbit Spinner, (1) Cirrus Swing, (1) ADA MVMNT Inclusive Electronic Game, (1) 5" OD Arch Frame Swing at 8' Toprail with (2) Belt Seats, (1) ADA Freedom Seat, (1) Konnection Parent/Child Swing, with Chains, (8) 6' Traditional Series Benches w/ Back, (2) PVC Litter Container w/ Flat Lid, and (1) Freestanding Welcome Age Sign.

LIST PRICE: $304,023.00
"SOURCEWELL CUSTOMER DISCOUNT" APPLIED ($45,603.45)
(Burke Sourcewell Contract # 010521-BUR)
258,419.55T
KIT-2 FREE Maintenance Kit (includes installation booklet, graffiti remover, tools and touch up Paint). LIST PRICE $250.00

0.00T
INSTALLATION Install Burke Play Equipment for Area 5-12 as Per Drawing #513-176945-6 into dirt/base. 113,891.19 PIP-1 Supply approx. (5,815) Sq. Ft. of 3.5" thick pour in place surfacing with 1/2" EPDM cap. PIP to be 100% color with aliphatic binder. Includes design as shown on 3D. (Open Market) 91,144.66T
INSTALL-PIP Install approx. (5,815) Sq. Ft. of 3.5" thick pour in place surfacing with 1/2" EPDM cap and aliphatic binder.

Includes design as shown on 3D. (Open Market)
44,023.88
***AREA 6MO. - 5 YRS.***
PREP-BASE Install (3,015) Sq. Ft. of aggregate base at 4" depth to prep for rubber surfacing.(Open Market) 6,709.44 PREP WORK Construct (230) LF of concrete curbing at 6" x 10". (Open Market) 13,605.63 PLAY UNIT Supply Burke Play Equipment as Per Drawing #513-176945-6, Includes: (1) "Nucleus Series" Play Unit for 2-5 Age Group with 5" OD Aluminum Posts w/ Integrated Shade Canopies, (1) "Synergy Series" Play Unit for 6- 23 months Age Group with 3.5" OD Aluminum Posts w/ Integrate Shade Canopy, (3) ADA Accessible Activity Panel Clusters, (1) 5" OD Single Bay Arch Frame Swing at 8' Toprail with (2) Tot Seats, with Chains, (5) 6' Traditional Series Benches w/ Back, (2) PVC Litter Container w/ Flat Lid, (1) Welcome Safety Age Sign, and (1) "Synergy Series" Custom Activity Panel Wall Barrier with 3.5" Aluminum Posts at Approx. (100) LF.

LIST PRICE: $164,179.00
"SOURCEWELL CUSTOMER DISCOUNT" APPLIED ($24,626.85)
139,552.15T
87 ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.

ACTIVITY DESCRIPTION AMOUNT
(Burke Sourcewell Contract # 010521-BUR)
KIT-2 FREE Maintenance Kit (includes installation booklet, graffiti remover, tools and touch up Paint). LIST PRICE $250.00

0.00T
INSTALLATION Install Burke Play Equipment for Area 6 months- 5 years as per drawing #513-176945-6 into dirt/base. 62,304.54 PIP-1 Supply approx. (580) Sq. Ft. of 3.5" thick and (2,435) Sq. Ft. of 2.5" thick pour in place surfacing with 1/2" EPDM cap. PIP to be 100% color with aliphatic binder. Includes design as shown on 3D. (Open Market) 48,253.16T
INSTALL-PIP Install approx. (580) Sq. Ft. of 3.5" thick and (2,435) Sq. Ft. of 2.5" thick pour in place surfacing with 1/2" EPDM cap and aliphatic binder. Includes design as shown on 3D. (Open Market) 24,466.20
FREIGHT BURKE Shipping charge to Ontario, CA. Freight price valid for 30 days only, due to fluctuating fuel pricing.

Please requote after 11/7/24.
15,150.00
FREIGHT PIP Shipping charge to Ontario, CA. Freight price valid for 30 days only, due to fluctuating fuel pricing. Please requote after 11/7/24. (Open Market)
16,848.00
INCLUDES Pricing includes prevailing wage rates. 0.00T
EXCLUDES Pricing excludes regular wage rates, permits, bonds, any border material and/or concrete curbing, fencing (temporary and/or permanent), special installation due to unforeseen site conditions and any additional site work/preparation/amenities.

0.00T
PAYMENT TERMS:

NET 30 ON PO'S FROM CITIES, SCHOOL DISTRICTS, STATE, OR FEDERAL ENTITIES.

SUBTOTAL 866,534.17
TAX (8.75%) 47,019.83
TOTAL $913,554.00
Accepted By Accepted Date
88 ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.

Innovative Playgrounds Co., Inc.
12407 E. Slauson Ave. Unit D
Whittier, CA 90606
562-693-5200
www.innovplay.com
Estimate

ADDRESS
City of Ontario
1425 S. Bon View Ave.

Ontario, CA 91761
Sourcewell ID# 34482

SHIP TO
M/F: De Anza Park
1405 S. Fern Ave.

Ontario, CA 91762
ESTIMATE # DATE
10609 10/09/2024
TRACKING NO. SALES REP
Shelters & Amenities ALVINO

ACTIVITY DESCRIPTION AMOUNT
***SHELTERS & AMENITIES***
SHELTER-1 Supply (3) 30' x 35' Steel Hip Shelter w/ Vented Top, 8'Eave Height, Framework, 6 post powder coated, w/ 24 ga MultiRib Metal Roofing 4:12 Roof Pitch, w/ Polyester Powder Coated Framework, w/ 24 ga MultiRib Metal Roofing, Overhead Lattice. Includes electrical access holes as required. (Open Market) LIST PRICE: $281,380.95
IN KIND CUSTOMER DISCOUNT APPLIED: ($16,882.86)
264,498.10T
ENGINEERING Engineering Fee for Shelters. (Open Market) 2,328.77 INSTALLATION Install (3) 30' x 35' Steel Hip Shelter w/ Vented Top, 8'Eave Height. (Open Market) 166,967.95 PLAY EQUIPMENT Supply Burke site amenities for Shelters:
(9) Burke 6' PVC Traditional Picnic Table w/PVC legs Model #580-0227 ($1,704.00 Ea.) (3) Burke 8' PVC Traditional ADA Picnic Table, one end Model #580-0226 ($1,550.00 Ea.) (3) Burke PVC Litter Container w/ Flat Lid Model# 580-0184 ($723.00 Ea.) LIST PRICE: $22,155.00
"SOURCEWELL CUSTOMER DISCOUNT" APPLIED ($1,550.85)
(Burke Sourcewell Contract # 010521-BUR)
20,604.15T
INSTALLATION Assembly and surface mount into concrete (9) Burke 6' PVC Traditional Picnic Table w/PVC legs Model #580- 0227 (3 per shelter), (3) Burke 8' PVC Traditional ADA Picnic Table, one end Model #580-0226 (1 per shelter) (3) Burke PVC Litter Container w/ Flat Lid Model# 580-0184 (1 per shelter). 9,084.51
***SPLASH PAD AMENITIES***
SHELTER-1 Supply (1) 26' x 33' Steel Hip Shelter w/ Vented Top, 8'Eave Height, Framework, 6 post powder coated, w/ 24 ga MultiRib Metal Roofing 4:12 Roof Pitch, w/ Polyester Powder Coated Framework, w/ 24 ga MultiRib Metal Roofing, Overhead Lattice. Includes electrical access holes as required. (Open Market) LIST PRICE: $75,811.11
IN KIND CUSTOMER DISCOUNT APPLIED: ($4,548.67)
71,262.44T
INSTALLATION Install (1) 26' x 33' Steel Hip Shelter w/ Vented Top, 8'Eave Height into dirt. (Open Market) 53,179.22 PLAY EQUIPMENT Supply Burke site amenities for Shelters:
(6) Burke 6' PVC Traditional Picnic Table w/PVC legs Model #580-0227 ($1,704.00 Ea.) (1) Burke 8' PVC Traditional ADA Picnic Table, one end Model #580-0226 ($1,550.00 Ea.) (3) Burke 6' PVC Traditional Bench w/Back Table, one end Model #580-0172 ($723.00 Ea.) (5) Burke PVC Litter Container w/ Flat Lid Model# 580-0184 ($723.00 Ea.) LIST PRICE: $17,558.00
"SOURCEWELL CUSTOMER DISCOUNT" APPLIED ($1,229.06)
16,328.94T
89 ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.

ACTIVITY DESCRIPTION AMOUNT
(Burke Sourcewell Contract # 010521-BUR)
INSTALLATION Assembly and surface mount into concrete (6) Burke 6' PVC Traditional Picnic Table w/PVC legs Model #580- 0227 (3 per shelter), (1) Burke 8' PVC Traditional ADA Picnic Table, one end Model #580-0226 (1 per shelter) and (3) Burke 6' PVC Traditional Bench w/back Model #580-0172 (Splash Pad Area) and (5) Burke PVC Litter Container w/ Flat Lid Model# 580-0184 (1 per shelter and 4 Splash Pad Area). 8,802.82
FREIGHT SHELTERS Shipping charge to Ontario, CA. Freight price valid for 30 days only, due to fluctuating fuel pricing.

Please requote after 11/7/24. (Open Market)
8,343.00
FREIGHT BURKE Shipping charge to Ontario, CA. Freight price valid for 30 days only, due to fluctuating fuel pricing.

Please requote after 11/7/24.
5,050.00
INCLUDES Pricing includes prevailing wage rates. 0.00T
EXCLUDES Pricing excludes regular wage rates, permits, bonds, any border material and/or concrete curbing, fencing (temporary and/or permanent), special installation due to unforeseen site conditions and any additional site work/preparation/amenities.

0.00T
PAYMENT TERMS:

NET 30 ON PO'S FROM CITIES, SCHOOL DISTRICTS, STATE, OR FEDERAL ENTITIES.

SUBTOTAL 626,449.90
TAX (8.75%) 32,610.69
TOTAL $659,060.59
Accepted By Accepted Date
90 Department: Public Works
Prepared By: Cynthia Heredia-Torres
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Bonnie Tam
Approved By:

PLANNING AND ENGINEERING DESIGN SERVICES

CITY OF ONTARIO
Agenda Report
November 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute the following three-year Design Services Agreements for on-call Architectural, Space Planning, and Engineering Design Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) additional one-year periods:
a. HMC Architects, of Ontario, California, for a total contract amount not-to-exceed $200,000; b. Holt Architecture, of Palm Desert, California, for a total contract amount not-to-exceed $200,000;
c. IDS Group, Inc., of Irvine, California, for a total contract amount not-to-exceed $200,000; d. Hammel, Green and Abrahamson, Inc., of Santa Monica, California, for a total contract amount not-to-exceed $200,000; and
e. Robert Borders & Associates, of Costa Mesa, California, for a total contract amount not-toexceed $200,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT: The proposed Design Services Agreements with HMC Architects, Holt Architecture, IDS Group, Inc., Hammel, Green and Abrahamson, Inc., and Robert Borders & Associates are each in the amount of $66,667 per year for a total not-to-exceed contract amount of $200,000 over a threeyear period. The cost of the recommended actions shall not exceed $333,333 per year for a total not-to-exceed contract amount of $1,000,000 over a three-year period. The Fiscal Year 2024-25 Adopted Budget and 5-Year Capital Improvement Program includes current and planned appropriations for various City-wide projects in the Capital Projects Fund. 91 BACKGROUND & ANALYSIS: The City has needs for On-Call Architectural, Space Planning and Engineering Design Services for work that cannot be provided by City Staff. Staff is recommending contracts with a total of five qualified firms to assure a timely and cost-effective option is always available for each task order. Additionally, Staff recommends that all contracts be executed between the firms and the City, so that any City agencies can use these firms. This procedure reduces overhead charges and increases efficiency in completing critical projects, ultimately resulting in well-executed projects.

On August 29, 2024, the City solicited requests for proposals for Invitation No. 1832 On-Call Architectural, Space Planning and Engineering Design Services and responses from the following companies were evaluated:

COMPANY LOCATION
Architecture Plus La Canada, CA
BOA Architecture Long Beach, CA
Bureau Veritas Irvine, CA
Hammel, Green and Abrahamson, Inc. Santa Monica, CA
HMC Architects Ontario, CA
Holt Architecture Palm Desert, CA
IDS Group, Inc. Irvine, CA
Lehrer Architects LA, Inc. Los Angeles, CA
Lionakis Sacramento, CA
M. Arthur Gensler Jr. & Associates, Inc. Los Angeles, CA MILLER Architectural Corporation Redlands, CA
Noll and Tam Architects Berkeley, CA
PBK Rancho Cucamonga, CA
Robert Borders & Associates Costa Mesa, CA
Tighe Architecture Los Angeles, CA
TSK Los Angeles, CA
Westgroup Designs Irvine, CA
City Staff reviewed the requests for proposals utilizing a qualifications-based selection process.

HMC Architects, Holt Architecture, IDS Group, Inc., Hammel, Green and Abrahamson, Inc., and Robert Borders & Associates were deemed to be the most qualified firms. The recommendation to award Professional Services Agreements to these firms is based on their broad range of expertise as demonstrated by work performed for other municipal agencies and capability to perform highly complex work in a timely manner.
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CITY OF ONTARIO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California (“City”), and HMC Group dba HMC Architects, a CORPORATION with its principal place of business at 3546 Concours Street, Ontario, CA 91764 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering or architectural design services required by the City on the terms and conditions set forth in this Agreement. Consultant warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Consultant is a corporation or other organization, the Project Consultant designated pursuant to Section 3.2, and not the Consultant itself, shall be fully licensed to practice as an engineer or architect in the State of California.

2.3 Project. City desires to engage Consultant to render such services for the D&C 24-012 On-Call Architectural, Space Planning And Engineering Design Services ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Consultant.

3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering or architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, 93 46700.00100\40935196.1
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any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from November 20, 2024, to November 20, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Consultant; Key Personnel.

3.2.1 Engineer of Record OR Project Architect. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Amy Karn – License #C-34961 to act as the Engineer of Record OR Project Architect for the Project. The Engineer of Record OR Project Architect shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record OR Project Architect shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record OR Project Architect shall be of at least equal competence as the prior Engineer of Record OR Project Architect. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record OR Project Architect, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Engineer of Record OR Project Architect, Consultant has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event that City and Consultant cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: Amy Karn – License #C-34961

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Consultant shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Consultant may delegate without relieving Consultant from administrative or other responsibility under this Agreement.

Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
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3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Consultant in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Consultant shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Consultant’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Consultant shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Consultant’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Consultant shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Consultant by law. Consultant shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. Consultant shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Consultant shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Consultant. Consultant shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Consultant shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Consultant and City.

3.5.3 Americans with Disabilities Act. Consultant will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Consultant shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Consultant’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Consultant, and the Consultant shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Consultant request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Consultant shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Consultant shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Consultant shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances 96 46700.00100\40935196.1
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regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Consultant on an independent contractor basis and Consultant is not an employee of City. Consultant is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City, and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Consultant shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Consultant shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Consultant agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Consultant cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Consultant without the prior written approval of City. If the Consultant’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Consultant will be responsible.
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3.7.4 Excusable Delays. Any delays in Consultant’s work caused by the following may be added to the time for completion of any obligations of Consultant: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Consultant; and (5) any Force Majeure Event (as defined herein) or other unforeseen occurrence not due to any fault or negligence on the part of Consultant. Neither the City nor the Consultant shall be liable for damages, liquidated or otherwise, to the other on account of such delays.

3.7.5 Force Majeure Events. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement. Should a Force Majeure Event occur, the nonperforming Party shall, within fifteen (15) calendar days of the beginning of an Force Majeure Event, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.7.6 Request for Excusable Delay Credit. The Consultant shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the Parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Consultant for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the Parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Consultant make an application for an extension of time, Consultant shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Services.

3.8.1 Request for Services. At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services 98 46700.00100\40935196.1
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listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted architectural practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary for the Consultant to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Consultant shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Consultant as to the compensation to be paid for such services. City shall pay Consultant for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Consultant pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Consultant was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Consultant to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Consultant. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Consultant is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Consultant's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget 99 46700.00100\40935196.1
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limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Cynthia Heredia-Torres, Project Manager, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Consultant’s Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Two Hundred Thousand Dollars ($200,000) (“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 “B” 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. 100
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3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Consultant perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Consultant shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Consultant in the interest of the Project.

Consultant shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Consultant. Consultant’s compensation and reimbursable expenses shall be paid by City to Consultant no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Consultant shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Consultant shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the Parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review 101
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the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Consultant shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Consultant. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Consultant is liable under the Agreement or state law. Payments to the Consultant for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Consultant shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from Parties not within the Consultant’s reasonable control.

3.10.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.
(a) Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works project” of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain 102
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registration for the duration of the Project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.10.7 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing.

Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.11 Notice to Proceed.

Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Consultant’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Consultant shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Consultant may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Consultant as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice 103
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from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Consultant’s Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Consultant under this Agreement.

Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Consultants. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, architectural presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Consultant or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Consultant shall provide to City copies of all Project Documents required by City. In addition, Consultant shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect 104
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to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Consultant shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant’s seal from the Project Documents and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Consultant shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Consultant represents and warrants that Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Consultant prepares or causes to be prepared pursuant to this Agreement. Consultant shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Consultant makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Consultant and provided to Consultant by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall 105
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survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.15 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Consultant shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of Ontario, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(i) Bodily Injury and Property Damage
(ii) Personal Injury/Advertising Injury
(iii) Premises/Operations Liability
(iv) Products/Completed Operations Liability
(v) Aggregate Limits that Apply per Project
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(vi) Explosion, Collapse and Underground (UCX) exclusion deleted
(vii) Contractual Liability with respect to this Contract (viii) Broad Form Property Damage
(ix) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
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(b) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.

3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Coverage Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord 108
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Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

3.15.9 Policy Provisions Required
(a) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or 109
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otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.15.12 Subconsultant Insurance Requirements
(a) Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.

Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items 110
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shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for engineering or architectural services between City and the Consultant chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the Parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the Parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Consultant shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Consultant prepares for the Project. Consultant shall require all consultants who prepare any other documents for the Project to submit the same written certification. Consultant shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Consultant shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County. 111
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3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

3.27 Safety.

Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Consultant shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Consultant shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Consultant's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

CITY:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Cynthia Heredia-Torres
CONSULTANT:

HMC Group dba HMC Architects
3546 Concours Street
Ontario, CA 91764
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party 112
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at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.33 Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.

Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Subcontracting.

As specified in this Agreement, Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
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3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the Parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the Parties hereto. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all Parties hereto.

SIGNATURES ON FOLLOWING PAGE
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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND HMC GROUP DBA HMC ARCHITECTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ONTARIO HMC Group dba HMC Architects
By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

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

City Clerk
115
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BB&K (2024) Exhibit A-1
EXHIBIT “A”

SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Consultant agrees to perform all the necessary professional architectural, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the Parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: soils engineering, geotechnical services, and hazardous waste or toxic substances engineering.

1.3 Additional Services. Consultant shall perform the following Additional Services for the Project: Project Specific

1.4 Communication with City. Consultant shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Consultant shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Consultant will be fully aware of the duties and responsibilities of the construction manager.

The Consultant shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Consultant shall request clarification from the City in writing if the Consultant should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Consultant shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.

Consultant shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and 116
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BB&K (2024) Exhibit A-2
construction allowance. It shall be the duty of the Consultant to design the Project within budget.

As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Consultant may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Consultant shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

3.1 Funding Documents. Consultant shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.2 Schematic Plans. In cooperation with City, Consultant shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed architectural concept of the buildings (“Schematic Plans”). Consultant shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All architectural drawings for the Project shall be in a form suitable for reproduction.

3.3 Preliminary Project Budget. Consultant shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Consultant’s Preliminary Project Budget”). The purpose of the Consultant’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Consultant perceives site considerations which render the Project expensive or cost prohibitive, Consultant shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Consultant may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Consultant shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.4 Copies of Schematic Plans and Other Documents. Consultant, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 117
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BB&K (2024) Exhibit A-3

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Consultant with specific written approval of the Schematic Plans described herein, Consultant shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Consultant, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Consultant shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Consultant’s Updated Project Budget”).

4.4 Timetable. Consultant shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Consultant shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Consultant shall furnish and process all architectural and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Consultant shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Consultant with specific written approval of the Design Development Documents described herein, Consultant shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in 118
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BB&K (2024) Exhibit A-4
detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession. Consultant will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Consultant which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Consultant and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Consultant.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Consultant, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. Consultant shall bring any such conflicts and/or inconsistencies to the attention of City. The Parties agree that Consultant, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Consultant that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Consultant’s fees. Should it become evident that the total construction cost will exceed the specified sum, Consultant shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Consultant, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, 119
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BB&K (2024) Exhibit A-5
Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. If so required by City, Consultant shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), `Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Consultant shall provide City with its final estimate of probable construction cost (“Consultant’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Consultant’s duty to design the Project within budget.

7. BID PHASE.

During the bid phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Consultant with specific written approval of the Construction Documents and Consultant’s Final Estimate, Consultant shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Consultant shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.

7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Consultant’s Final Estimate by more than five percent (5%), City may request Consultant to amend, at Consultant’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Consultant’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Consultant’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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BB&K (2024) Exhibit A-6

8.1 Observation. The Project Consultant shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Consultant.

8.2 General Administration. Consultant shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Consultant shall conduct one or more preconstruction meetings, as the City determines is needed for the Project, with all interested Parties.

8.4 Site Visits of Contractor’s Work. Consultant shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.

8.5 Site Visits of Inspector’s Work. Consultant shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Consultant and City. Consultant shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.

8.6 Coordination of Subconsultants. Consultant shall cause all architects, engineers and other consultants, as may be hired by Consultant or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Consultant shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Construction Meetings; Minutes. Consultant shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.

8.9 Written Reports. Consultant shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.10 Written Records. Consultant shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

8.11 Material and Test Reports. Consultant shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Consultant shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City. 121
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BB&K (2024) Exhibit A-7

8.12 Review and Response to Submissions. Consultant shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Consultant’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.13 Rejection of Work. Consultant shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Consultant shall immediately notify the City and contractor(s) of such rejections. Consultant shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

8.14 Substitutions. Consultant shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Consultant’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.15 Revised Documents and Drawings. Consultant shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.16 Change Requests and Material Changes. Consultant shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Consultant shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.

If the City has not hired a construction manager or other person to do so, the Consultant shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Consultant shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Consultant’s approval, or submit them to the City with recommendations for revision or denial if necessary. Consultant shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Consultant may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.17 Applications for Payment. Consultant shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.

8.18 Final Color and Product Selection. Consultant shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Consultant shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Consultant shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Consultant shall notify 122
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BB&K (2024) Exhibit A-8
contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Consultant shall also notify City of all Punch List Items.

8.21 Warranties. Consultant shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Consultant shall coordinate and provide these materials to the City.

8.22 Certificate of Completion. Consultant shall participate in any further inspections of the Project necessary to issue Consultant’s Certificate of Completion and final certificate for payment.

8.23 Documents for Project Close-Out. Consultant shall cause all other architects, engineers and other consultants, as may be hired by Consultant, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Consultant shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Consultant shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Consultant shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Consultant by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.

9.2 Approval. Once City provides Consultant with specific written approval of the AsBuilt Drawings and Specifications, Consultant shall forward to City the complete set of original As-Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

9.3 Documents for Final Payment. Prior to the receipt of Consultant’s final payment, Consultant shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Consultant’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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BB&K (2024) Exhibit A-9

10.1 Advice. Consultant shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. 124
HMC Architects City of Ontario, RFP No. 1832 / X
Part 2 Fee Proposal
HMC Rate Schedule
Standard Hourly Rate by Professional Category.

DESCRIPTION RATES
Principal in Charge $395
Sr Project Manager/Sr Project Architect/Sr Technical Manager $290 Project Manager/Project Architect/Technical Manager $275 Job Captain/Technical Leader $230
Project Coordinator $200
Senior Construction Administrator $295
Construction Administrator $275
Project Administration Support $160
Design Principal $395
Senior Project Designer $290
Project Designer $275
Design Leader $230
Designer II $180
Designer $160
Sustainability Director $325
Specifications Writer $250
Visualization Arts $230
These are the current hourly rates effective July 1, 2024, through June 30, 2027, and are subject to change effective July 1st, 2027 and one time annually on subsequent July 1 through the duration of the on-call contract.

Please submit a standard fee schedule for services to be provided. The fee to be paid to the Consultant will be made at the Consultants hourly fee schedule for the various consultant staff positions, as well hourly rate schedules for sub-consultants. Fee Schedule will be proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Design Services Agreement”) attached hereto as Exhibit “B” and incorporated herein).

Exhibit B
125
HMC Architects City of Ontario, RFP No. 1832 / XI

| 5 of 5

BILLING RATE SCHEDULE
For: 12 – HMC Architects
Effective: January 1, 2024 – December 31, 2024
Mulholland Consulting, Inc.

Classification Billing Rate
Principal in Charge $285/hr
Project Manager $240/hr
Project Engineer $190/hr
Design Engineer $155/hr
Engineering Technician $135/hr
Administrative Assistant $115/hr
Provisions

1. Client will be billed monthly based on the percentage of completion of the Scope of Work with NET 30 payment terms.

2. Mileage will be charged at the current Internal Revenue Services (IRS) Standard Mileage Rates.

3. Subcontracted services and reimbursable items shall be invoiced at cost plus fifteen percent (15%).

4. Billing rates are subject to change once per calendar year or otherwise required by the California Department of Industrial Relations Prevailing Wage Increases if applicable.

5. Billing Rates shall increase five percent (5%) per year as allowed by the City’s Request for Proposals for a total of five (5) years from the date of Proposal submission on August 2, 2024.
700 South Flower Street, Suite 2100 Los Angeles, CA 90017 213.418.0201 kpff.com

KPFF CONSULTING ENGINEERS

LOS ANGELES CIVIL/STRUCTURAL DIVISION

HOURLY RATE SCHEDULE
2024
PRINCIPAL-IN-CHARGE.....................................................................$290.00 SENIOR CIVIL ENGINEER/SENIOR PROJECT MANAGER.......... $235.00 PROJECT MANAGER.............................................................................$215.00 PROJECT ENGINEER/PROJECT SURVEYOR ..................................$180.00 DESIGN ENGINEER/SURVEY ANALYST .........................................$165.00 CHIEF CAD OPERATOR/LEAD MODELER......................................$190.00 DRAFTER/CAD OPERATOR/MODELER..........................................$165.00 ADMINISTRATIVE SUPPORT ..............................................................$110.00

FIELD SURVEY
(Prevailing wage rates available upon request)
ONE-PERSON SURVEY CREW..........................................................$195.00 TWO-PERSON SURVEY CREW ........................................................ $265.00 THREE-PERSON SURVEY CREW ..................................................... $315.00 Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and services will be billed at the hourly rates in place at the time the service is provided.
National Resources, Local Relationships
Schaumburg, IL | Belleville, IL | Chicago, IL | Dallas, TX | Davenport, IA | Denver, CO | Evansville, IN | Irvine, CA Laguna Woods, CA | Milwaukee, WI | Newport Beach, CA | Orlando, FL | Overland Park, KS | Palm Springs, CA Seattle, WA | Springfield, IL | Springfield, MO | St. Louis, MO

rtmec.com

EXHIBIT A
2024

HOURLY CHARGE RATE AND

EXPENSE REIMBURSEMENT SCHEDULE
General Services Charge Rates:

Principal.....................................................................................$ 250.00 Associate ....................................................................................$ 210.00 Project Engineer II.........................................................................$ 190.00 Project Engineer I..........................................................................$ 165.00 Design Engineer II..........................................................................$ 150.00 Design Engineer I...........................................................................$ 135.00 BIM/CAD Manager..........................................................................$ 180.00 Assistant BIM/CAD Manager ..............................................................$ 155.00 BIM/CAD Designer II .......................................................................$ 130.00 BIM/CAD Designer I ........................................................................$ 105.00 Administrative Support....................................................................$ 90.00 Reimbursable Expenses:

Reproduction, special photography, delivery services, express mail, printing, plotting, travel expenses (air, taxi, parking, etc.), and any other services performed by a subcontractor, will be billed at cost plus 15%.

Vehicle mileage, between RTM’s office and project site and/or client office, will be billed at $0.67 per mile.

All rates are effective to 12/31/24 and are subject to change at any time without prior notice. 126
HMC Architects City of Ontario, RFP No. 1832 / XII
Your Partners
in Mechanical,
Electrical,
Plumbing,
Commissioning,
Fire Protection,
Technology,
& Energy.
2024 RATE SHEET
412 E. Vanderbilt Way | San Bernardino, CA 92408
Southern California 909.890.3700 | Pacific Northwest 425.458.9700 | DesignWestEng.com Principal Engineering…………………………………………………..$260.00 per hour Mechanical & Plumbing Engineering
Senior Engineer, Mechanical………………………………………..$230.00 per hour Mechanical Project Manager..............................................$180.00 per hour Mechanical Designer...........................................................$140.00 per hour Mechanical CAD Draftsperson............................................$120.00 per hour Electrical Engineering
Senior Engineer, Electrical..................................................$230.00 per hour Electrical Project Manager..................................................$180.00 per hour Electrical Designer...............................................................$140.00 per hour Electrical CAD Draftsperson................................................$120.00 per hour Commissioning Services
Director of Commissioning Services..................................$230.00 per hour Commissioning Agent..........................................................$180.00 per hour Commissioning Engineer.....................................................$140.00 per hour Energy Services
Director of Energy Services Engineering............................$230.00 per hour Energy Services Engineer....................................................$180.00 per hour Energy Services Designer....................................................$140.00 per hour Fire Protection Engineering
Senior Engineer, Mechanical..............................................$230.00 per hour Fire Protection Project Manager.........................................$180.00 per hour Fire Protection Designer......................................................$140.00 per hour Utility Coordination
Senior Engineer....................................................................$230.00 per hour Project Manager...................................................................$180.00 per hour Utility Coordinator................................................................$140.00 per hour CAD Draftsperson................................................................$120.00 per hour Low Voltage Engineering
Senior Engineering, Electrical.............................................$230.00 per hour Low Voltage Project Manager..............................................$180.00 per hour Low Voltage Designer..........................................................$140.00 per hour Clerical Support...................................................................$100.00 per hour *** Rates Effective January 1, 2024
P2S LP

RATE SCHEDULE FOR ENGINEERING SERVICES ON A

TIME AND EXPENSE BASIS
Category Rate
PRINCIPAL ENGINEER $353
ENGINEER GRADE 05 $298
ENGINEER GRADE 04 $289
ENGINEER GRADE 03 $247
ENGINEER GRADE 02 $228
ENGINEER GRADE 01 $202
DESIGN ENGINEER GRADE 05 $247
DESIGN ENGINEER GRADE 04 $228
DESIGN ENGINEER GRADE 03 $202
DESIGN ENGINEER GRADE 02 $179
DESIGN ENGINEER GRADE 01 $159
DESIGNER GRADE 04 $170
DESIGNER GRADE 03 $159
DESIGNER GRADE 02 $146
DESIGNER GRADE 01 $140
CAD/BIM DESIGNER GRADE 04 $141
CAD/BIM DESIGNER GRADE 03 $127
CAD/BIM DESIGNER GRADE 02 $114
CAD/BIM DESIGNER GRADE 01 $104
COMMISSIONING GRADE 05 $298
COMMISSIONING GRADE 04 $259
COMMISSIONING GRADE 03 $220
COMMISSIONING GRADE 02 $176
COMMISSIONING GRADE 01 $151
TECHNICAL WRITER $159
PROJECTASSISTANT $104
In addition, for direct out-of-pocket expenses (when they occur), we quote the following:
1) Automobile: at current IRS rate per mile from home office for travel outside Los Angeles, Orange, San Diego, San Bernardino, Riverside & King counties
2) Travel Expense: at Cost
3) Subsistence: While away from home office for more than 1 day: at Cost, but not to exceed $275 per day per person.
4) Plan Check Fees: at Cost plus 10% markup
5) Third-Party Services: at Cost plus 10% markup
• Printing and copy services
• Consultant and subcontract professional fees
• Surveying / Soils Investigation
• Testing Laboratory Work

LIABILITY LIMITS
Professional Liability $ 5,000,000.

General Liability $ 2,000,000.

Effective January 1, 2024 – December 31, 2024
RT-224

EPTDESIGN PROJECT ROLE FEE
Principal $230
Senior Associate $180
Associate $155
Project Manager $125
Project Captain $110
Designer $100
Administrative $85
Rates subject to a 5% escalation clause each year thereafter.

Rates effective through December 31, 2024.

REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to compensation for basic and additional services and include actual expenditures made by EPTDESIGN in the development of the project. These expenses shall include, but not be limited to, reproduction, overnight delivery and messenger services, and travel expenses when approved in advance. 2024 HOURLY RATES

SPURLOCK

STANDARD HOURLY RATES
Spurlock Landscape Architects will provide professional services at the following hourly rates:

Principal 225.00 / hour
Project Manager 175.00 / hour
Job Captain 150.00 / hour
Landscape Designer 125.00 / hour
Administrator 90.00 / hour
Intern 75.00 / hour
rates current as of February 2023
127
HMC Architects City of Ontario, RFP No. 1832 / XIII
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 5

VERDE DESIGN QUALIFICATIONS
Charge Rate Schedule is subject to revisions.

Verde Design, Inc.

Charge Rate Schedule
Effective until December 31, 2024
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Project Rates
Principal $270.00 per hour
Project Manager/Construction Manager
Level Four $255.00 per hour
Level Three $235.00 per hour
Level Two $190.00 per hour
Level One $175.00 per hour
Project Architect $255.00 per hour
Project Engineer
Level II $195.00 per hour
Level I $180.00 per hour
IT Manager $190.00 per hour
CAD Manager $185.00 per hour
Project Designer $170.00 per hour
Job Captain/Staff Engineer/Construction Administrator $160.00 per hour Draftsperson Level II $155.00 per hour
Draftsperson Level I $150.00 per hour
Project Administrator $95.00 per hour
Intern $80.00 per hour
Reimbursable Rates Blueprints, Printing and Reproductions Cost plus 10% Sub Consultant Services Cost plus 10%
Reimbursable Expenses Blueprints and Reproductions Travel Expenses Photography Parking and Toll Expenses
Models and Renderings Permit Fees
Postage/Overnight Mail Service Courier Delivery Service October 1, 2023
Charge Rate Schedule is subject to revisions.

Verde Design, Inc.

Charge Rate Schedule
Effective until December 31, 2023
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

VERDE DESIGN QUALIFICATIONS
Charge Rate Schedule is subject to revisions.

Charge Rate Schedule
Effective until December 31, 2025
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Project Rates
Principal $275.00 per hour
Project Manager/Construction Manager
Level Four $260.00 per hour
Level Three $240.00 per hour
Level Two $195.00 per hour
Level One $180.00 per hour
Project Engineer
Level II $200.00 per hour
Level I $185.00 per hour
IT Manager $195.00 per hour
CAD Manager $190.00 per hour
Project Designer $175.00 per hour
Job Captain/Staff Engineer/Construction Administrator $165.00 per hour Draftsperson Level II $160.00 per hour
Draftsperson Level I $155.00 per hour
Project Administrator $100.00 per hour
Intern $85.00 per hour
Reimbursable Rates Blueprints, Printing and Reproductions Cost plus 10% Sub Consultant Services Cost plus 10%
Reimbursable Expenses Blueprints and Reproductions Travel Expenses Photography Parking and Toll Expenses
Models and Renderings Permit Fees
Postage/Overnight Mail Service Courier Delivery Service Charge Rate Schedule is subject to revisions.

Verde Design, Inc.

Charge Rate Schedule
Effective until December 31, 2023
The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Project Rates
Principal $265.00 per hour
Project Manager/Construction Manager
Level Four $250.00 per hour
Level Three $230.00 per hour
Level Two $185.00 per hour
Level One $170.00 per hour
Project Engineer
Level II $190.00 per hour
Level I $175.00 per hour
IT Manager $185.00 per hour
CAD Manager $180.00 per hour
Project Designer $165.00 per hour
Job Captain/Staff Engineer/Construction Administrator $155.00 per hour Draftsperson Level II $150.00 per hour
Draftsperson Level I $145.00 per hour
Project Administrator $90.00 per hour
Intern $80.00 per hour
Reimbursable Rates Blueprints, Printing and Reproductions Cost plus 10% Sub Consultant Services Cost plus 10%
Reimbursable Expenses Blueprints and Reproductions Travel Expenses Photography Parking and Toll Expenses
Models and Renderings Permit Fees
Postage/Overnight Mail Service Courier Delivery Service June 20, 2022
2024 Hourly Billing Rates
MTI extends a special blended hourly
rate of $180/hour to HMC Architects
only.
cumming-group.com
2024 Hourly Rates
Discipline Hourly Rate
Construction / Project Management / Constructability Review Executive / Senior Vice President $450.00
Managing Principal / Vice President $375.00
Managing Director / Project Director / Senior Director $325.00 Director $270.00
Senior Project Manager / Associate Director $230.00
Project Manager $205.00
Project Engineer / Assistant Project Manager $180.00
Project Coordinator / Intern $145.00
Administration / Clerk $95.00
Cost Management
Executive / Senior Vice President $450.00
Managing Principal / Vice President $375.00
Managing Director / Director / Regional Director $325.00 Associate Director $250.00
Senior Cost Manager $220.00
Cost Manager $195.00
Assistant Cost Manager / Estimating Technician / Intern $135.00 Dispute Resolution & Avoidance (Non-Energy)
Executive / Senior Vice President $450.00
Vice President / Managing Director $450.00
Senior Director $425.00
Director $400.00
Associate Director $350.00
Senior Compliance Auditor $325.00
Senior Forensic Analyst $300.00
Delay Analyst $275.00
Senior Consultant $295.00
Consultant $245.00
Senior Scheduler $210.00
Scheduler $195.00
Data Analyst $200.00
Document Control $150.00
ADR Neutral
Vice President / Managing Director $450.00
Director $400.00
One year after the effective date of the Agreement, and annually thereafter, rates will increase by the greater of (i) the change in percentage during the prior twelve (12) month period in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW), or (ii) five percent (5%) 128
HMC Architects City of Ontario, RFP No. 1832 / XIV
RTL Rate Schedule
Standard Hourly Rate by Professional Category.

DESCRIPTION RATES
Library Planning Consultant $160
Assistants/Notetakers $100
These are the current hourly rates effective through December 2025, and are subject to change.

Fees and reimbursable expenses are based on the following conditions unless otherwise noted.

HOURLY RATE SCHEDULE *
PROFESSIONAL SERVICES Senior Principal $235
Principal $210
Associate Principal $190
Senior Associate $185
Architect / Designer III $180
Project Manager II $175
Architect / Designer II $170
Architect / Designer I $150
TECHNICAL SERVICES Project Manager I $150
Design Professional / Support $145
Administration / Clerical $105
*Hourly rates may be adjusted on an annual basis per federal statistics on cost of living (revised wage earner) for the Seattle area or in accordance with normal salary review practices of TCA Architecture + Planning.

REIMBURSABLE EXPENSES
(Includes all expenses incurred during the course of the work not identified as basic service) CONSULTANT SERVICES (not included in basic service) Cost plus 10%

PRINTING/PHOTOGRAPHY SIZE B&W COLOR
(in house) Photocopies (8 ½ x 11) $0.25 $1.00
Photocopies (11 x 17) $0.50 $2.00
Plots/Large B&W (24 x 36 & 30 x 42) $8.00 $35.00
(by vendor) Reproductions/ Printing/Photography Cost plus 10% Cost plus 10% DELIVERY/POSTAGE Cost plus 10%
TRAVEL Auto- rate plus mileage billed at federal reimbursement rate Air- rate, plus airfare at cost plus 10%
TERMS
Billings are payable on the date submitted and are considered to be delinquent 30 days from invoice date unless otherwise agreed to. A finance charge of 15% APR will be added to past due accounts commencing from the date payment is due. + 2024 Fee Schedule
rfa Rate Schedule
Standard Hourly Rate by Professional Category.

DESCRIPTION RATES
Principal $230
Associate $210
Project Manager $190
Technical Drafter $170
Administrative $110
Engineering/Consultant 1.2 x Direct Expense
Principal Consultation
(for consultation not related to an
ongoing project)
$300
These are the current hourly rates effective through December 2025, and are subject to change.
129
HMC Architects City of Ontario, RFP No. 1832 / 26
GATHER INFO:

Site Context
Environmental
Conditions
Explore Ed Specs/
FMP’s/DPP’s
Budget
Schedule

EXPLORE
STRATEGIES:

Look at relevant
project case
studies
Explore tactics to
achieve goals that
work well with
budget
FEEDBACK LOOP:

Perform a post
occupancy evaluation
Get client quotes
& data that we can
use to improve our
designs and for
future pursuits
STUDY OPTIONS:

Focus on solutions
that create the
highest impact
Solutions should
exhibit clarity,
restraint, and
permanence
Respond to
context
DEFINE GOALS:

Use AIA Framework
for Design Excellence
to organize goals
DEFINE STRATEGIES:

Every goal needs
a supporting
strategy
ANALYSIS goals RESEARCH strategies DESIGN results FEEDBACK 1 2 3 4 5 6 7
THE PROOF:

Show them that you
have analyzed the
project and that you
have done what you
said you were
going to do
06 Approach and
Understanding
The Proposer shall provide a written narrative that
addresses the Scope of Work and demonstrates
the Proposer’s understanding of the City’s needs
and requirements. Provide a thorough description
demonstrating an understanding of the Scope of Work and its components. Describe how the Scope of Work will be
implemented and monitored. In addition, describe staffing levels and timeframe necessary for tasks described in the Scope of Work. In reviewing the Scope of Work Services and goals described in Exhibit “A,” the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

Design Approach
HMC’s design approach to each project is guided by our own set of design best practices that we personalize to our clients’ needs. We start by defining the project goals and collecting information to inform our strategies as we test different options. We study our results and make the most informed choice for our client and their site needs. These decisions drive our future processes and guide us as we revisit our projects to ensure success.

Collaborative Approach
Yields Successful Results
Exhibit C
130
HMC Architects City of Ontario, RFP No. 1832 / 27
Work Plan Approach
Below is an outline of a typical work
plan across the phases of our basic
architectural and engineering services.

Every project is unique, and we will work
with you to determine the appropriate
work plan and phases for each of yours
to come through your on-call during
kick-off.

Kick-Off
Once HMC is awarded a project from
your on-call contract, we will meet
with the City to “plan the plan.” We
will listen and gather feedback from
you to understand the goals for the
project, including unique challenges
and opportunities as seen by your
stakeholders, team, site staff, and
community. We will discuss and verify
key factors such as schedule, budget,
program, and scope, and work with your
team to build the proper work plan,
determine appropriate phases, and
include the required consultants.

Planning, Programming, and
Preliminary Design
This phase is not required for all
projects but is essential if your project
has an undefined program or scope.

HMC will work closely with City staff
and other stakeholders to develop a
space program based on the specific
project typology, conduct surveys
with stakeholders, user groups, and
community groups, and develop rough
order of magnitude costs for the project.

Together, we will ensure the final
program is appropriate for the project,
your budget, and the community it
serves.

Schematic Design
This phase expands upon the design
concepts prepared in the planning,
programming, and preliminary design
phase and becomes the foundation for
all subsequent work by the design team.

HMC will work closely with City staff and
other stakeholders to confirm the design
approach is contextual and meets the
goals and vision for the project, and
begin to identify architectural massing,
“look and feel,” building materials, and
systems. We will also develop estimates
of probable construction costs for the
project to ensure that what is designed
meets your budget.

Design Development
This phase begins the detailed
design and production phase of the
project and is built on the approved
documents developed in Schematic
Design. This phase is also the starting
point of drawing and coordination for
each engineering discipline, such as
structural, mechanical, electrical, and
plumbing.

Concurrently, we will begin to develop
the building floor plan, incorporating
input from consultants. We will
coordinate elements of the exterior
design as it relates to the interior of the
building. The final Design Development
package will be submitted to the cost
estimator for Design Development
Phase pricing. HMC will conduct a
comprehensive page turn meeting
with City staff and other stakeholders
using the 100% Design Development
deliverables to ensure that the indicated
systems align with owner’s project
requirements.

Left Image: Brandon Gullotti, Jennifer Wehling, and the Ontario Sports Complex team during a planning workshop.

HMC is proud of the relationship we have established with the City over the past decade. Pictured here, you can see our team leading workshops and design review sessions with City staff.

Right Image: City Manager, Scott Ochoa, in a
virtual reality walk-through of the Convention
Center design.
131
HMC Architects City of Ontario, RFP No. 1832 / 28
Construction Documents /
Agency Review & Approval
This phase utilizes the approved
Design Development Package as
the basis for continuation. Our team
will prepare construction details,
specifications, and coordinate systems
and utilities between the architecture
and engineering teams. A final quality
assurance/quality control (QA/QC)
internal plan review will be performed
and addressed. Upon completion of
QA/QC, we will submit the construction
documents to the governing agencies
for the required plan check review
process. All corrective measures will be
addressed accordingly, and the plans
will be resubmitted to the appropriate
departments for final approval and
issuance of building permits. Upon
incorporation of all review team and
bidding agency comments, the plans will
be compiled into a single bid document
for issuance.

Bidding
As part of the project scope of services,
the team will provide necessary support
during the bidding and contract
negotiations phase to ensure all bidders
have accurate and consistent project
information and will assist the City
with establishing a fair, transparent
process that leads to the selection of a
capable contractor and a well-defined
construction agreement.

Construction Administration
HMC sees the construction phase of a
project as a continuation of an already
highly collaborative process. The
same HMC team that you have grown
to trust during the design phase will
continue into construction to avoid any
institutional memory loss and keep the
project moving forward.

We work collaboratively in all types
of delivery methods and value the
importance of a successful relationship
between the City, HMC, and the
contractor. Our goal is to ensure that you
receive the project envisioned for the
planned cost and the schedule promised
to your stakeholders.

During this phase, the project team and
assigned construction administrator
(CA) are involved throughout the
construction process. The CA will
regularly visit the site, attend job
meetings, and serve as your single point
of contact during construction.

The CA will also be a member of the
team during the development of the
drawings, participating in quality control
reviews to provide continuity and
consistency when construction begins.

As the project nears its completion, the
design team will meticulously review the
construction, including the startup and
testing of all systems for conformance
and quality, prepare punch lists, and
review required as-built documentation,
warranties, and operation and
maintenance manuals to ensure that all
contract requirements have been met.

Frontier Project,
Cucamonga Valley Water District
New Community Center,
City of Los Banos
San Gabriel Valley Aquatic Center,
County of Los Angeles
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CITY OF ONTARIO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California (“City”), and Holt Architects DBA Holt Architecture, a CORPORATION with its principal place of business at 36951 Cook Street Ste.

L, Palm Desert, CA 92211 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.3 Project. City desires to engage Consultant to render such services for the D&C 24-012 ON-CALL ARCHITECTURAL, SPACE PLANNING AND ENGINEERING DESIGN SERVICES ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Consultant.

3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering or architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, 133
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any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.2 Project Consultant; Key Personnel.

3.2.1 Engineer of Record OR Project Architect. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Thomas Howell, CEO/CFO, CA Architect License C31626 to act as the Engineer of Record OR Project Architect for the Project. The Engineer of Record OR Project Architect shall:
(1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record OR Project Architect shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record OR Project Architect shall be of at least equal competence as the prior Engineer of Record OR Project Architect. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record OR Project Architect, City shall be entitled to terminate this Agreement for cause.

3.3 Hiring of Consultants and Personnel.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.

3.4 Standard of Care.

3.5 Laws and Regulations.

3.5.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances 136
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regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority.

3.6 Independent Contractor.

3.7 Schedule of Services.

3.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.3 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.

3.8 Additional Services.

3.8.1 Request for Services. At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services 138
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listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted architectural practice.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget 139
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limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.10 Compensation.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the Parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review 141
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the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Consultant shall be compensated as set forth in the termination provision herein.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.
(a) Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works project” of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain 142
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registration for the duration of the Project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.11 Notice to Proceed.

Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice 143
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from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.

Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect 144
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to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall 145
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survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.15.3 Commercial General Liability
(a) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(i) Bodily Injury and Property Damage
(ii) Personal Injury/Advertising Injury
(iii) Premises/Operations Liability
(iv) Products/Completed Operations Liability
(v) Aggregate Limits that Apply per Project
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(vi) Explosion, Collapse and Underground (UCX) exclusion deleted
(vii) Contractual Liability with respect to this Contract (viii) Broad Form Property Damage
(ix) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
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(b) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.

3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord 148
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Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or 149
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otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.16 Records.

Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.

3.17 Standardized Manufactured Items.

Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items 150
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shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

3.19 Mediation.

3.20 Successors and Assigns.

3.21 Asbestos Certification.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County. 151
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3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

3.27 Safety.

3.28 Harassment Policy.

3.29 Delivery of Notices.

CITY:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Cynthia Heredia-Torres
CONSULTANT:

Holt Architects
36951 Cook Street Ste. L
Palm Desert, CA 92211
Attn: Thomas Howell
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party 152
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at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.33 Equal Opportunity Employment.

3.34 Labor Certification.

3.35 Subcontracting.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Entire Agreement.

SIGNATURES ON FOLLOWING PAGE
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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND HOLT ARCHITECTS DBA HOLT ARCHITECTURE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ONTARIO Holt Architects DBA Holt Architecture
By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

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

City Clerk
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BB&K (2024) Exhibit A-1
EXHIBIT “A”

SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.3 Additional Services. Consultant shall perform the following Additional Services for the Project: Project Specific

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

Consultant shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and 156
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BB&K (2024) Exhibit A-2
construction allowance. It shall be the duty of the Consultant to design the Project within budget.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

4.4 Timetable. Consultant shall provide a written timetable for full and adequate completion of the Project to City.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Consultant with specific written approval of the Design Development Documents described herein, Consultant shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in 158
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detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession. Consultant will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Consultant which may not be shown on the as-built drawings.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Consultant, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, 159
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BB&K (2024) Exhibit A-5
Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

7. BID PHASE.

During the bid phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
160
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BB&K (2024) Exhibit A-6

8.2 General Administration. Consultant shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Consultant shall conduct one or more preconstruction meetings, as the City determines is needed for the Project, with all interested Parties.

8.18 Final Color and Product Selection. Consultant shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Consultant shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Consultant shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Consultant shall notify 162
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contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Consultant shall also notify City of all Punch List Items.

8.22 Certificate of Completion. Consultant shall participate in any further inspections of the Project necessary to issue Consultant’s Certificate of Completion and final certificate for payment.

Consultant shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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BB&K (2024) Exhibit A-9

10.1 Advice. Consultant shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project 164
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 2 Holt Architecture
Architecture
36951 Cook Street, Suite 103| Palm Desert, CA 92211
2300 Market Street, Suite 140 | Riverside, CA 92501
760.328.5280
2024 HOURLY RATE AND EXPENSE SCHEDULE

HOLT ARCHITECTURE STAFF
Principal 250.00
Project Manager + Designer 170.00
Assistant Project Manager + Assistant Designer + Interior Designer 145.00 Project Assistant 110.00

CONSULTANTS
Services performed by Consultants outside the Scope of Work delineated in Professional Services Agreement such as: Structural, Mechanical, Electrical Plumbing, Civil; Soils, Landscape, etc.

Cost + 15%

REIMBURSABLE EXPENSES
Vehicle Mileage 0.85 Mile
Postage/Delivery Service, Outside Reprographic Service, Photography, Permits & Fees
Cost + 15%
Copies, Printing & Scanning Black & White Color
8 ½ x 11 .20 .50
11 x 17 .50 1.00
18 x 24 2.00 4.00
24 x 36 4.00 6.00
30 x 42 6.00 9.00
36 x 48 12.00 16.00
Exhibit B
165
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 3 VCA Engineers, Inc.

Civil Engineer
Los Angeles County Orange County
1041 S. Garfield Ave., Suite 210, Alhambra, CA 91801 2151 Michelson Dr. #240, Irvine, CA 92612 Tel: 323-729-6098 ▪ Fax: 626-872-0795 Tel: 949-679-0870 ▪ Fax: 949-679-9370 e-mail: [email protected] www.vcaeng.com

CIVIL STRUCTURAL

D BE SBE
V C A ENGINEERS, IN C. QUALITY

SERVICE

COMMITMENT
2024 VCA ENGINEERS SCHEDULE OF FEES

PROFESSIONAL STAFF HOURLY RATE
Principal $220.00
Project Manager $200.00
Lead/Senior Project Engineer $180.00
Project Engineer $165.00
Engineer $155.00
BIM Modeler $130.00
Senior CADD Technician $110.00
CADD Technician $100.00
Clerical/Admin $70.00

MILEAGE AND SUBSISTENCE
Auto Mileage $ 0.67 per mile plus 10%
Parking Actual Cost plus 10%
Air Travel and Car Rental Actual Cost plus 10%
Subsistence (overnight out of LA) Actual Cost plus 10%

DIRECT SERVICES
Milestone Reproducible Submittal (one set) Included in Proposed Fees Messenger and Overnight Delivery Services Actual Cost plus 10% Long Distance Phone Actual Cost plus 10%
Outside B&W Plotting Actual Cost plus 10%
Sepia/Mylar Actual Cost plus 10%
Reprographic Services (binding, mounting and etc.) Actual Cost plus 10%

LIABILITY INSURANCE
During the terms of this agreement, VCA shall at all times procure and maintain insurance. VCA carries General, Automobile Liability Insurance and Workers Compensation at $2M each occurrence and Professional Liability Insurance at $2M per claim.

CLAIMS AND DISPUTES
Client and VCA agree to negotiate and resolve all disputes between them in good faith as a first attempt. If the dispute cannot be resolved therein, the parties shall mutually agree to submit the matter to mediation and arbitration in accordance with the American Arbitration Association’s Commercial Mediation Rules if the total dispute is less than $49,000. The results of the arbitration, as decided by three (3) arbitrators, each party choosing their own arbitrator and the two arbitrator choosing a third member, shall be final, and judgment may be entered upon it in any court of competent jurisdiction in the City where the work is performed.
166
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 4 Wiseman + Rohy
Structural Engineer
WISEMAN + ROHY Structural Engineers

SCHEDULE OF CHARGES
JANUARY 1, 2024 TO DECEMBER 31, 2024
Principal Engineer 275/hour
Managing Senior Engineer 255/hour
Project Engineer V 233/hour
Project Engineer IV 208/hour
Project Engineer III 188/hour
Project Engineer II 171/hour
Project Engineer I 153/hour
Managing Sr. Drafter 148/hour
Project Drafter II 140/hour
Project Drafter I 132/hour
Administrative/Clerical 83/hour
167
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 5 Sierra West Group
Cost Estimator
Sierra West Consulting Group, Inc. - Standard Billing Rates -2024 Standard billing rates for the calendar year 2024 are as follows:

Principal / Chief Estimator $150
Chief Cost Planner $150
Principal / Chief Estimator-Expert Witness/Litigation Support $250 Trade Surveyor $125
Administrative $ 85
Jobs under 24/hrs. will be subject to a flat rate of $150 per hour. 168
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 6 Community Works Design
Group (CWDG)
Landscape Architect
2024/25 HOURLY RATE SCHEDULE

COMMUNITY WORKS DESIGN GROUP
RATES EFFECTIVE JUNE 30, 2024 – JULY 1, 2025
Principal Landscape Architect’s time at the fixed rate of: $215.00 per hour Principal Certified Access Specialist (CASp)'s time at the fixed rate of: $215.00 per hour Certified Access Specialist (CASp)'s time at the fixed rate of: $195.00 per hour Senior Landscape Architect's time at the fixed rate of: $175.00 per hour Certified Water Auditor's time at the fixed rate of: $175.00 per hour

Certified Irrigation Designer's time at the fixed rate of: $175.00 per hour

Senior Project Manager’s time at the fixed rate of: $160.00 per hour Construction Manager's time at the fixed rate of: $160.00 per hour ISA Certified Arborist's time at the fixed rate of: $160.00 per hour FAA Part 107 sUAS Remote Pilot’s time at the fixed rate of: $160.00 per hour Project Manager’s time at the fixed rate of: $145.00 per hour Landscape Designer's time at the fixed rate of: $130.00 per hour Design Assistant's time at the fixed rate of: $ 75.00 per hour Professional Staff's time at the fixed rate of: $ 75.00 per hour

RATE INCREASES
Rates will increase on an annual basis by 1/15 based upon annual CPI (Consumer Price Index).

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

REIMBURSABLE ITEMS
Reimbursable items, such as the cost of plotting, graphic reproduction and shipping, at our direct cost plus 15%. Auto travel shall be charged at the current IRS Standard Mileage Rates. Reimbursable items are billed in addition to the stated fee.

TERMS AND CONDITIONS OF PAYMENT
We will bill in proportion to the percentage of work complete at the time of billing. All billing statements are due upon receipt. Interest will be charged at the rate of 2% per month on the past due balance thirty days and over.
2024/25 HOURLY RATE SCHEDULE

COMMUNITY WORKS DESIGN GROUP

RATES EFFECTIVE JUNE 30, 2024 – JULY 1, 2025
Principal Landscape Architect’s time at the fixed rate of: $215.00 per Principal Certified Access Specialist (CASp)'s time at the fixed rate of: $215.00 per Certified Access Specialist (CASp)'s time at the fixed rate of: $195.00 per Senior Landscape Architect's time at the fixed rate of: $175.00 per Certified Water Auditor's time at the fixed rate of: $175.00 per Certified Irrigation Designer's time at the fixed rate of: $175.00 per Senior Project Manager’s time at the fixed rate of: $160.00 per Construction Manager's time at the fixed rate of: $160.00 per ISA Certified Arborist's time at the fixed rate of: $160.00 per FAA Part 107 sUAS Remote Pilot’s time at the fixed rate of: $160.00 per Project Manager’s time at the fixed rate of: $145.00 per Landscape Designer's time at the fixed rate of: $130.00 per Design Assistant's time at the fixed rate of: $ 75.00 per Professional Staff's time at the fixed rate of: $ 75.00 per

RATE INCREASES
Rates will increase on an annual basis by 1/15 based upon annual CPI (Consumer Price Index

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of t cost of their services for coordination.

REIMBURSABLE ITEMS
Reimbursable items, such as the cost of plotting, graphic reproduction and shipping, at o cost plus 15%. Auto travel shall be charged at the current IRS Standard Mileage Rates. Reim items are billed in addition to the stated fee.

TERMS AND CONDITIONS OF PAYMENT
We will bill in proportion to the percentage of work complete at the time of billing. A statements are due upon receipt. Interest will be charged at the rate of 2% per month on due balance thirty days and over.

Principal Landscape Architect’s time at the fixed rate of: $215.00 per hour Principal Certified Access Specialist (CASp)'s time at the fixed rate of: $215.00 per hour Certified Access Specialist (CASp)'s time at the fixed rate of: $195.00 per hour Senior Landscape Architect's time at the fixed rate of: $175.00 per hour Certified Water Auditor's time at the fixed rate of: $175.00 per hour Certified Irrigation Designer's time at the fixed rate of: $175.00 per hour Senior Project Manager’s time at the fixed rate of: $160.00 per hour Construction Manager's time at the fixed rate of: $160.00 per hour ISA Certified Arborist's time at the fixed rate of: $160.00 per hour FAA Part 107 sUAS Remote Pilot’s time at the fixed rate of: $160.00 per hour Project Manager’s time at the fixed rate of: $145.00 per hour Landscape Designer's time at the fixed rate of: $130.00 per hour Design Assistant's time at the fixed rate of: $ 75.00 per hour Professional Staff's time at the fixed rate of: $ 75.00 per hour

RATE INCREASES
Rates will increase on an annual basis by 1/15 based upon annual CPI (Consumer Price Index).

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

RATE SCHEDULE FOR ENGINEERING SERVICES

ON A TIME AND EXPENSE BASIS
Category Rate
PRINCIPAL ENGINEER $353
ENGINEER GRADE 05 $298
ENGINEER GRADE 04 $289
ENGINEER GRADE 03 $247
ENGINEER GRADE 02 $228
ENGINEER GRADE 01 $202
DESIGN ENGINEER GRADE 05 $247
DESIGN ENGINEER GRADE 04 $228
DESIGN ENGINEER GRADE 03 $202
DESIGN ENGINEER GRADE 02 $179
DESIGN ENGINEER GRADE 01 $159
DESIGNER GRADE 04 $170
DESIGNER GRADE 03 $159
DESIGNER GRADE 02 $146
DESIGNER GRADE 01 $140
CAD/BIM DESIGNER GRADE 04 $141
CAD/BIM DESIGNER GRADE 03 $127
CAD/BIM DESIGNER GRADE 02 $114
CAD/BIM DESIGNER GRADE 01 $104
COMMISSIONING GRADE 05 $298
COMMISSIONING GRADE 04 $259
COMMISSIONING GRADE 03 $220
COMMISSIONING GRADE 02 $176
COMMISSIONING GRADE 01 $151
TECHNICAL WRITER $159
PROJECT ASSISTANT $104
In addition, for direct out-of-pocket expenses (when they occur), we quote the following:
1) Automobile: at current IRS rate per mile from home office for travel outside Los Angeles, Orange, San Diego, San Bernardino, Riverside & King counties
2) Travel Expense: at Cost
3) Subsistence: While away from home office for more than 1 day: at Cost, but not to exceed $275 per day per person.
4) Plan Check Fees: at Cost plus 10% markup
5) Third-Party Services: at Cost plus 10% markup
• Printing and copy services
• Consultant and subcontract professional fees
• Surveying / Soils Investigation
• Testing Laboratory Work

LIABILITY LIMITS
Professional Liability $ 5,000,000.

General Liability $ 2,000,000.

Effective January 1, 2024 – December 31, 2024
RT-224
P2S Inc.

Mechanical, Electrical, Plumbing,
Commissioning, Photovoltaic, & Technology
170
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 8 Raincross Construction
Services
Detailed Cost Estimator
January 1, 2024
1 of 1
Raincross Construction Services Company, Inc.

Billable Hourly Rates
Consulting Services
Position Rate
Project Executive $185.00
On-site Laser Scanning $189.00
Production Director $182.00
BIM Manager $167.00
Aerial Survey Pilot $166.00
Sr. Project Manager $157.00
Scheduler $149.00
BIM Specialist $148.00
Sr. Superintendent $147.00
Superintendent $140.00
Project Manager $137.00
BIM Technician $137.00
Preconstruction Manager $136.00
Estimator $135.00
Safety Officer $135.00
QA/QC Coordinator $135.00
Assistant Project Manager $131.00
Area/Assistant Superintendent $124.00
Sr. Project Engineer $115.00
Project Engineer $113.00
Accountant $109.00
Field Labor $105.00
Labor Compliance Coordinator $84.00
Sr. Project Administrator $84.00
Project Administrator $75.00
Preconstruction Coordinator $75.00
* Hourly rates subject to increase after 12/31/2024
171
Fee Proposal
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 9 Landmark
Geotechnical Engineer
172
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 19 Approach and Understanding 6.

DOCUMENT MANAGEMENT/QUALITY CONTROL
■ Quality Control is integral to our approach, and
there are multiple facets.
■ At the earliest stage of design, as soon as progress
allows, we begin to use 3D software. This allows
stakeholders as well as team members to clearly
understand, explore and approve the design for
further development. This clarity avoids unwelcome
surprises later.
■ As the design progresses, we utilize 3D software
(BIM) to integrate all elements: architectural, civil,
structural, mechanical, plumbing, electrical, and
any other specialty consultant work. This provides
a clear basis to identify and resolve any conflicts
before they become problematic.
■ Although less interesting to review, but just as
important, our team develops a project specific
checklist from our Office Quality Control Guide. This
guide is built on our 35-years of things to consider
and “lessons learned”. We continue to update this
Guide with each project. In addition, our team will
use this guide to perform quality control reviews at
major project milestones. These reviews become
increasingly intensive as the project develops and
are overseen by the Senior Principal.
■ All of this allows effective and efficient
communication of the status of general progress,
any open considerations, as well as checks on
schedule and budget.
■ We will review with the City in detail all aspects
that are of Interest to the Owner, such as:
- Conduct visioning and problem seeking
sessions
- Review project location and physical
facilities
- Identify key program representatives for
each major program element
- Establish evaluation criteria
- Facilitate detailed work sessions with each
user group
- Develop conceptual program alternatives
- Consider the relationship of parts to the
whole
- Review project schedule and budget
■ This will allow the City to validate or clarify the
Program and provide a solid foundation for the
Design Team to prepare options and
considerations for the City in the Schematic
Design Phase.

PROGRAMMING
Exhibit C
173
RFP: City of Ontario On-Call | August 29, 2024 | PAGE 20

SCHEMATIC DESIGN
■ Once a clear and concise program has been
established, we will present to the City initial
concepts and design ideas, and together validate
the direction of the project upon which to finalize
the design. Schematic Design documents are
developed in this stage, such as:
- Program Diagrams
- Alternate Plans Showing Primary and Support
Spaces
- Phasing Concepts
- Future Expansion Options
- Sketches and Study Models, as required
- Conceptual 2D Site and Floor Plans
- Evaluation and Ranking of Concepts
■ This step in the project development process will
help the City establish a clear design concept.

Our design team can then start to develop the
concept in 3 dimensions through a variety of tools
in the Design Development stage.

DESIGN DEVELOPMENT

CONSTRUCTION DOCUMENTS

BID/CONSTRUCTION ADMINISTRATION
■ We integrate our Clients in the design process from
Day 1. Through a variety of digital media, Holt
creates the visual aids needed to help clients make
critical design decisions.
■ These visual aids are extremely important when
navigating the design’s approval process and
are integral to successful communication with the
various project Consultants.
■ Our use of BIM continues to facilitate the decision
making, detailing, production, and coordination of
the drawings so that the resulting documents are
clear, consistent, fully coordinated, and describe
the Project as accurately as possible.
■ Please see page 3 for more detail on our document
management and quality control.
■ When documents are ready to bid, the team will
assist the Owner in obtaining competitive Bids for
Construction.
■ During the construction process, the team will
provide the required construction observation
services to the client. This is to ensure the objectives of the Owner are met, which are expressed in the
Construction Documents.

DESIGN DEVELOPMENT - MATERIAL SELECTION
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CITY OF ONTARIO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California (“City”), and IDS Group, Inc., a CORPORATION with its principal place of business at 1 Peters Canyon Rd, Suite 130, Irvine, CA 92606 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

3. TERMS

3.1 Employment of Consultant.

3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering or architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, 175
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any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.2 Project Consultant; Key Personnel.

3.2.1 Engineer of Record OR Project Architect. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Said Hilmy (License No. CA #C43988) to act as the Engineer of Record OR Project Architect for the Project. The Engineer of Record OR Project Architect shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record OR Project Architect shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record OR Project Architect shall be of at least equal competence as the prior Engineer of Record OR Project Architect. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record OR Project Architect, City shall be entitled to terminate this Agreement for cause.

3.3 Hiring of Consultants and Personnel.

Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work 176
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to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.

3.4 Standard of Care.

3.5 Laws and Regulations.

3.5.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances 178
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regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority.

3.6 Independent Contractor.

3.7 Schedule of Services.

3.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.3 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.

3.8 Additional Services.

3.8.1 Request for Services. At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services 180
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listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted architectural practice.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget 181
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limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.10 Compensation.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the Parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review 183
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the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Consultant shall be compensated as set forth in the termination provision herein.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.
(a) Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works project” of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain 184
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registration for the duration of the Project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.11 Notice to Proceed.

Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice 185
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from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.

Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect 186
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to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall 187
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survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.15.3 Commercial General Liability
(a) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(i) Bodily Injury and Property Damage
(ii) Personal Injury/Advertising Injury
(iii) Premises/Operations Liability
(iv) Products/Completed Operations Liability
(v) Aggregate Limits that Apply per Project
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(vi) Explosion, Collapse and Underground (UCX) exclusion deleted
(vii) Contractual Liability with respect to this Contract (viii) Broad Form Property Damage
(ix) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
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(b) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.

3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord 190
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Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or 191
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otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.16 Records.

Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.

3.17 Standardized Manufactured Items.

Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items 192
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shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

3.19 Mediation.

3.20 Successors and Assigns.

3.21 Asbestos Certification.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County. 193
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3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

3.27 Safety.

3.28 Harassment Policy.

3.29 Delivery of Notices.

CITY:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Cynthia Heredia-Torres
CONSULTANT:

IDS Group, Inc.
1 Peters Canyon Rd, Suite 130,
Irvine, CA 92606
Attn: Said Hilmy
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party 194
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at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.33 Equal Opportunity Employment.

3.34 Labor Certification.

3.35 Subcontracting.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Entire Agreement.

SIGNATURES ON FOLLOWING PAGE
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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND IDS GROUP, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ONTARIO IDS Group, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

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

City Clerk
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BB&K (2024) Exhibit A-1
EXHIBIT “A”

SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.3 Additional Services. Consultant shall perform the following Additional Services for the Project: Project Specific

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

Consultant shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and 198
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construction allowance. It shall be the duty of the Consultant to design the Project within budget.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

4.4 Timetable. Consultant shall provide a written timetable for full and adequate completion of the Project to City.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Consultant with specific written approval of the Design Development Documents described herein, Consultant shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in 200
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detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession. Consultant will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Consultant which may not be shown on the as-built drawings.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Consultant, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, 201
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Consultant shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

7. BID PHASE.

During the bid phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
202
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BB&K (2024) Exhibit A-6

8.2 General Administration. Consultant shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Consultant shall conduct one or more preconstruction meetings, as the City determines is needed for the Project, with all interested Parties.

8.18 Final Color and Product Selection. Consultant shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Consultant shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Consultant shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Consultant shall notify 204
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contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Consultant shall also notify City of all Punch List Items.

8.22 Certificate of Completion. Consultant shall participate in any further inspections of the Project necessary to issue Consultant’s Certificate of Completion and final certificate for payment.

Consultant shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Consultant shall do all of the following, as well as any incidental services thereto:
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BB&K (2024) Exhibit A-9

10.1 Advice. Consultant shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. 206
29 CITY OF ONTARIO
RFP No. 1832
On-Call Architectural, Space Planning &
Engineering Design Services
IDS GROUP, INC.

Rate Sheet - City of Ontario
Title - Association Hourly Rate
Principal $243
Associate Principal $229
Senior Project Manager | Associate $219
Senior Planner $219
QA/QC Manager $219
Registered Architect | Engineer $205
Project Manager $205
Senior Architect | Engineer $192
Senior Cost Estimator $182
Project Architect | Engineer $182
Senior Designer $177
Designer Architect | Engineer $166
Specification Writer $166
Engineering Designer - BIM $145
Architectural Job Captain | Designer $137
CAD Drafting Engineer | Architect $123
Office Administration $76
Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant’s direct cost plus 5%.

PART TWO

FEE PROPOSAL
Exhibit B
207
26 CITY OF ONTARIO
RFP No. 1832
On-Call Architectural, Space Planning &
Engineering Design Services

PROJECT MANAGEMENT & PROJECT CONTROLS
IDS’ project manager will implement project controls including timely and regular client communications, established monitoring to control costs and schedule. Activities under the umbrella of project controls include:

Project Planning: IDS’ Project Manager will create project plans, schedules, WBS, and budget to establish a baseline to work with throughout the project. This includes a kick-off meeting to deeply understand all of our client’s needs.

Budgeting: IDS’ team will provide schedule-phased budgets, a transparent model that will be available to serve as a benchmark throughout the project and as an important cash flow tool for accurate invoicing and project accounting.

Risk Management: Our team will preemptively identify risks, monitor risk continuously, and develop a contingency plan to address and mitigate issues to help reduce impacts to budget and schedule.

Forecasting: IDS’ team will perform regular updates to the schedule to ensure faster responses and corrective actions if a project schedule moves off-track.

Project Administration: This process involves established processes and systems that can help team members communicate and collaborate. The goal is to track status, action items, capture meeting minutes and lessons learned, and manage workflows seamlessly so teams can focus on efficient execution of project tasks.

Constructability Reviews
To improve project efficiency and constructability, IDS’ team leverages Bluebeam Revu®, a PDF-based solution designed for the construction industry, for each phase of the preconstruction process. Revu enables IDS to electronically share project feedback by redlining PDFs with industry-standard markups and takeoffs. In addition, IDS utilizes an online session collaboration feature, which allows multiple discipline-lead reviewers to comment on the same PDF together in real-time, or individually. As a result of this concurrent review, where team members can see comments made by other members, a more comprehensive, easy to understand, and quality list of comments are generated resulting in improved deliverables.

8. OTHER INFORMATION
Exhibit C
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CITY OF ONTARIO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California (“City”), and Hammel, Green, and Abrahamsom, Inc., a CORPORATION with its principal place of business at 420 North 5th Street Suite 100, Minneapolis, MN 55401 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

3. TERMS

3.1 Employment of Consultant.

3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering or architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, 209
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any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.2 Project Consultant; Key Personnel.

3.2.1 Engineer of Record OR Project Architect. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Fielding Featherston (License No. C-36641) to act as the Engineer of Record OR Project Architect for the Project. The Engineer of Record OR Project Architect shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record OR Project Architect shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record OR Project Architect shall be of at least equal competence as the prior Engineer of Record OR Project Architect. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record OR Project Architect, City shall be entitled to terminate this Agreement for cause.

3.3 Hiring of Consultants and Personnel.

Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work 210
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to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.

3.4 Standard of Care.

3.5 Laws and Regulations.

Ontario City CouncilNovember 19, 2024

Ontario City Council
November 19, 2024