Economic Development Committee

City of Rialto

Regular Meeting

Council Chambers

150 S. Palm Ave.

Rialto, CA 92376

COUNCIL CHAMBERS2:00 PMWednesday, September 27, 2017

CALL TO ORDER2:00 PM

ROLL CALL

REVIEW/APPROVAL OF MINUTES1 17-897 Meeting Minutes - July 24, 2017

EDC MINUTES - July 24, 2017Attachments:

PRESENTATIONS1 17-893 Renaissance Marketplace Leasing/Development Update - LHR

2 17-895 Renaissance Parkway East Center - Fernando Acosta Update - Acosta

3 17-894 Pacifica - Renovation of the Former Wal-Mart (Update) - Pacifica

4 17-896 Rialto Bioenergy Facility (Project Update) - ED/Planning

REPORTS/DISCUSSION ITEMS1 17-888 A request for an Economic Development Committee review of a

conceptual plan for a detached single-family residential subdivision on 6.80 acres of land located at the northeast corner of Randall Avenue and Acacia Avenue in advance of an application for a Zone Change and General Plan Amendment, among other required land use entitlements.

Exhibit A - Location Map

Exhibit B - Conceptual Site Plan

Exhibit C - Floorplans & Elevations.pdf

Exhibit D - Neighborhood Meeting Flyer

Exhibit E - Neighborhood Meeting Attendance Sheet

Exhibit F - Neighborhood Meeting Comment Cards

Attachments:

Page 1 Printed on 9/22/2017

September 27, 2017Economic Development Committee Regular Meeting

2 17-884 Provide Direction into the Scope of Work for the Public Facilities Master Planning and Financial Forecasting Services Request for Qualifications.

RFP 16-XXX - Civic Center Design Services - CLEAN - 5-16-2016.pdfAttachments:

3 17-852 Request Economic Development Committee to Review and Approve the Architectural Designs and Construction Drawings for either 1) the Construction of an Addition to the Existing Development Services Building or 2) the Construction of a New Modular Building for the Development Services Department.

Exhibit A

Exhibit A (2)

Exhibit B

Attachments:

4 17-879 Request the Economic Development Committee to Provide Direction on Street Light Maintenance Services for City-Owned Street Lights.

5 17-855 Request the EDC to Provide Direction to City of Rialto/Rialto Utility Authority Staff on Negotiating an Energy Services Contract with Comfort Mechanical Enterprises, Inc., and Associated Project Financing for the Wastewater Treatment Plant kVAR Energy Recovery Project.

Presentation

Attachment 1 - Letter of Intent

Attachment 2 - Energy Survey

Attachments:

6 17-882 Recommendations and Approval of Remote Payment Center Service Provider for Utility Payments

7 17-883 Provide Recommendations and Approve Change in Rialto Water Service/Veolia Customer Service Hours

AGENCY UPDATES

UPCOMING MEETINGS/OTHER DISCUSSION ITEMS1 17-899 ICSC Convention (October 3-4)

2 17-900 Community Meeting for 15 Acre Site

ADJOURNMENT

Page 2 Printed on 9/22/2017

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-897 Name:

Status:Type: Minutes Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Meeting Minutes - July 24, 2017

Sponsors:

Indexes:

Code sections:

Attachments: EDC MINUTES - July 24, 2017

Action ByDate Action ResultVer.

Meeting Minutes - July 24, 2017

City of Rialto Printed on 9/22/2017Page 1 of 1powered by Legistar™

ECONOMIC DEVELOPMENT COMMITTEE

Monday, July 24, 2017

1:00 pm City Council Chambers

150 S. Palm Avenue

I. Call to Order/Roll Call 1:00 PM

Meeting called to order at 1:09 p.m.

EDC MEMBERS PRESENT: Deborah Robertson, Mayor Ed Scott, Mayor Pro Tem

CITY/AGENCY STAFF PRESENT: Mike Story, City Administrator John Dutrey, Project Manager Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer Gina Gibson-Williams, Planning Manager Fred Galante, City Attorney, Aleshire & Wynder, LLP Misty Cheng, Contract Financial Officer CITY/AGENCY STAFF ABSENT: Robb Steel, Assistant City Administrator/Director of Development Services

II. Review/Approval of Minutes -- June 20, 2017 Motion by Mayor Robertson to accept the June 20, 2017 meeting minutes as written. III. Review /Modification of Agenda Items for Discussion

None.

IV. Presentations A.

Renaissance Marketplace Leasing/Development Update

LHR

Mr. Rick Manners, of LHR, presented an update on the Renaissance Marketplace development. Mr. Manners presented a drone video view of the construction site. Mr. Manners indicated that Starbucks, Shops 1, 3, 4 and Burlington are under construction. Building 4 has gone vertical. Shops 2, 4 and 5 will go vertical by the end of week ending on July 29, 2017. Building 5 and 6 have completed footings. 7-Eleven and Panda Express are entering into second plan check; and Cinemark will enter into second plan check by the end of the week, and is expected to be permitted by the first week in August 2017.

Mr. Ken Caron indicated that September’s and El Pollo Loco are close to PPD submission. Grocery Outlet is currently in lease. LHR indicated that none of the restaurant pads have been submitted for permitting. LHR also indicated that LOIs have been submitted for American Road Tripp and Black Bear restaurants, and are in discussion with Shakey’s Pizza Parlor and NORMS. EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson requested a list of contacts and timeline be presented at each EDC meeting update. Mayor Robertson also requested that LHR look into BJ’s Outlet Market. Staff member Dutrey indicated that he would look into what this grocery store typically looks like. Mayor Pro Tem Scott inquired about the status of Cinemark. Mrs. Gibson-Williams indicated that Cinemark submitted their PPD package, LHR added that partial plans were submitted on June 21, 2017, and the remaining will be submitted the week of July 31, 2017. Staff member Dutrey added that there have been 8 permits issued for this site, and that there should be Mayor Robertson requested information in writing regarding the new concept and design for NORMS. Mr. Caron to re-send to her.

B. Pacifica – Renovation of the Former Wal-Mart Pacifica

Close escrow on July 31, 2017. Pacifica presented information for the proposed use of the site. Mr. Pankaj Mahajan, of Pacifica, indicated that the proposed users are stable and not susceptible to co-tenancy requirements. For 40,000 sq. ft. of space at the northern end of the site, Pacifica proposed an AutoZone including 6,000 sq. ft. of retail space and 34,000 sq. ft. of warehouse space. This user would serve as a warehouse hub for a number of retail AutoZone stores within a 50 mile radius. A 99 Cents Store and fitness/health user were also proposed to go next to the AutoZone. Pacifica indicated that the location of these users will free up parking for restaurants and other QSR users. Mr. Mahajan, also proposed monument style pylon for signage, in attempt to stay consistent with the Rialto Marketplace. Mr. Mahajan requested that the EDC consider the proposed users, and agree to move forward with the entitlement process. Gibson-Williams indicated that CDP requirement remains in question due the classification of the 99 Cent Store, and number of current locations within the City. Fire Chief Grayson indicated that he, staff and Pacifica have brainstormed ways to implement the new fire station on this site. He explained that staff is considering modular facility and temporary internal quarters in pre-determined storage space. Mr. Mahajan requested that staff member Gibson-Williams provide the requirements for making the AutoZone store an accessory use. Mrs. Gibson-Williams indicated that this store would not qualify as an accessory use.

EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson inquired about the other AutoZone stores in Rialto and 5-10 mile radius. Mr. Mahajan indicated that there are 7 AutoZone stores within the City (3 in the City) and surrounding areas that can anticipate an increase in sales/service. Mayor Robertson also inquired if Pacifica is looking at LA Fitness for this site. Mr. Mr. Mahajan indicated that his team is still in communication with LA Fitness and other fitness/health users. The EDC inquired about the price point increase for 99 Cents Store and also requested that Pacific have a discussion with the owner regarding the upkeep and appearance of the outside of the store. Staff proposed that the owner be conditioned to keep up the cleanliness and outside of the property within their agreement. Mayor Robertson requested that staff and Pacifica analyze the potential traffic/truck impacts and determine a way to collect fees to offset the loss of point of sale with deliveries being transported to other stores. Mayor Pro Tem Scott indicated that he was not fond of the AutoZone proposal, because of the warehouse use within a commercial space.

C. Renaissance Parkway East Center – Fernando Acosta Update Acosta

Mr. Fernando Acosta indicated that he is working with Kimley-Horn and is on schedule to submit the required Precise Plan of Development application, site plan, landscaping and proposed site elevations. He also indicated that County parcel escrow is scheduled to close by the end of August 2017. Staff member Dutrey indicated that escrow opening at the end of March 2017. Mr. Acosta also indicated that Cracker Barrel and Sonic’s Drive-in are currently in escrow. He added that Cracker Barrel has submitted their own soils report and site elevations to their architect. Creamistry, Juanchos Mexican Restaurant and Fire House Subs have also indicated interest in developing on the site. Staff member Gibson-Williams indicated that he this project could be moved along, passed Planning Commission, it would expedite the process a bit. EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson requested a schedule with a hard time line and time frames for completion. She inquired who was responsible for keeping track of the schedule for this project, and requested that staff provide a weekly update on this project; including all tenants and statuses. Mayor Pro Tem Scott inquired about the hotels being considered. Mr. Acosta indicated that he has made contact with representatives from Choice Hotels, Hilton, Best Western, Holiday Express, Comfort Suites and Hampton Inn (also received an LOI). The EDC requested that Mr. Acosta bring his schedule coordinator to the next EDC meeting (Jennifer).

D. RC Hobbs Zone Change at Sycamore & Randall Planning

Staff member Casey made note that the actual project location is Acacia Avenue and Randall Avenue. Mr. Randall Hobbs, founder of RC Hobbs presented information on the proposed single family dwelling community. Mr. Hobbs indicated that the 6-acre development will include 50 two-story homes, ranging from 1,600 to 2,200 sq. ft.; priced at $330,000 to $375,000 within FHA pricing limits. He noted this development would be the same size product as the residential development approved on Bloomington Avenue and Willow Avenue. Staff indicated that this project is still in the preliminary stages, still requiring a community meeting, EDC, Planning Commission and City Council approval. EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson indicated her concern that the residential development does not include any single-story options. She requested that Hobbs reconfigure the concept and present at least 6 single-story homes within the development (1 for each 1-acre). Mr. Hobbs indicated that the re-configuring the site to include a single story option may not be the best for home square footage and overall density of the site. He added that there will be an option that includes the master bedroom and bathroom on the main floor; however, he would give the Mayor’s request some thought and try to commit 10% of the community homes to single-story.

E. CDRE Partners Concept for Baseline and Tamarind Mr. Mark Bauchley of Compass Danhbe Real Estate Partners (CDRE), presented information on a proposed zone change in the Renaissance Specific Plan. Mr. Bauchley proposed the construction of a warehouse on the corner of Baseline Avenue and Tamarind Avenue. Mr. Bauchley requested consideration and feedback from the EDC on the impact of Employment zoning on smaller industrial developments. He noted that Employment zoning favors larger industrial developments, and that there are a number of smaller industrial developments that are impacted negatively due to the zoning. He proposed that the impact areas be re-zoned to business center to support the economic feasibility of smaller industrial sites. Mr. Bauchley indicated that there are two current projects within the affected area: (1) E Baseline Road and Palmetto Avenue, and (2) E Baseline Road and Tamarind Avenue; both projects are in escrow. Mr. Bauchley also presented the option to re-zone the indicated area or re-zone the entire area. Staff member Williams-Gibson added that as long as the development standards are met, there is the option to stack FIR density bonuses to achieve a greater density (maximum of 6). Mr. Bauchley noted that this this approach would not be feasible for him, due to the inability to amortize the cost. Staff member/CA Story noted that onsite detention or underground will be required regardless of the size.

Econ Dev

Mrs. Gibson-Williams suggested that because Mr. Bauchley does not own all areas in question that the table be altered, as opposed to the zoning of the area. This involves proposing the change to City Council. EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson inquired about the vision of the use of the proposed re-zoned area. Mr. Bauchley indicated that the industrial usage will remain unchanged, but allow for a smaller building. Mayor Robertson inquired if staff had considered conditioning the agreement to require the developer to implement items such as electrical charge stations. Mayor Robertson also expressed her desire to allow for the possibility of commercial/retail developments within the business area. The EDC advised this item be presented to with the change in table in September. Mrs. Gibson-Williams added that this item would be presented without the site plan.

V. Reports/Discussion Items

A. Facility Master Plan Lynn Merrill This item was deferred to the next EDC meeting.

B. Development Impact Fee Update Econ Dev

This item was deferred to the next EDC meeting. C.

Development Services Modular Financing Update

Building

This item was deferred to the next EDC meeting.

D. HSIP 7 Class II Bike Lanes on Merrill/Riverside PW

Staff member Eisenbeisz presented an update on this safety grant funded project. Mr. Eisenbeisz explained that there is an area of where there is currently no parking, where a full bike lane will be constructed; and east of this area parking already exists, where share all biking will be constructed. This project will install bike routes along Riverside Avenue, Merrill Avenue and Maple Avenue; west of Lilac Avenue would include shared bike lanes, and east of Lilac Avenue would include separate bike lanes. EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson indicated that the lanes should be a minimum of 12 feet. The EDC approved moving forward with conducting community meetings for feedback.

E. HSIP Cycle 8 Grant for Baseline Median Improvements PW

Staff member Eisenbeisz indicated that this project is safety grant funded, and predicated by the high number of left turn collisions on Baseline Avenue. Mr. Eisenbeisz explained that this project would include placing a raised median to control the left hand turn, and requested feedback and/or suggestions from the EDC.

Mr. Eisenbeisz added that this also gives the City the opportunity to add some beautification to the street. EDC COMMENTS/RECOMMENDATIONS: The EDC advised staff to determine if it is better to signalize the turn. Mayor Pro Tem Scott added the suggestion of placing a no left turn sign at the adjacent shopping center.

F. Bloomington Median Construction Phasing PW

Staff member Eisenbeisz indicated that there are two options, the first being the construction of a portion of the median, and other involving the phasing of the entire length of the median. Staff member, Amy Crow presented the details for this project. Ms. Crow made note of the beautification aspect of the median. The estimated cost of construction from Riverside Avenue to Willow Avenue is $219,540. Mr. Eisenbeisz indicated that staff would reject all current bids, which were submitted for the construction of a portion of the median, and move forward with another RFB. EDC COMMENTS/RECOMMENDATIONS: Mayor Pro Tem Scott indicated that he would prefer not to see wood chips in the median. He suggested that staff look into other options. Mayor Robertson added her suggestion to use rubber chips, which allow for the use of the Cities recycle funds. Mayor Robertson inquired about the possibility of offering the median construction to RC Hobbs in exchange for not be required to implement a one story option.

G. Metrolink Station – Double Track Locally Preferred Selection & Parking Expansion Concepts Staff member Eisenbeisz presented a brief description of the projects; indicating 5 alternatives for the parking lot expansion, and requesting a recommendation from the EDC on both the parking expansion and proposed passenger methods of access. Staff recommended for staff to proceed with alternative 1 for train access (constructing an undercrossing tunnel under the train tracks with stairways and ramps on both sides of the tracks). Staff also recommended that alternative 4 be chosen for the parking expansion, as it causes no threat or imposition to others. This alternative is the most feasible and generates the largest number of spaces (257). EDC COMMENTS/RECOMMENDATIONS: The EDC recommended to staff and to move forward with the underpass option, making it cost effective and creating flexible access on either side. The EDC also concurred with moving forward with alternative 4 for the parking lot expansion. Mayor Robertson suggested that staff look into implementing permitted parking for the parking spaces closest to the station as a way to generate funding. Mayor Robertson inquired about the project timeline. Staff member, Eisenbeisz indicated that he would put together the timeline and cost for moving forward for the next EDC meeting.

PW

Mayor Pro Tem Scott requested that staff look into the possibility of putting a commercial/ restaurant user on the property facing the street front. Mayor Robertson also proposed public art be implemented to the walls as the area developments.

H. Phase II Good Energy Financial Analysis PW/Fin

Staff member Eisenbeisz presented an update on the Community Choice Aggregation Program (CCA) per the request of Mayor Robertson. Mayor Robertson requested that Mr. Eisenbeisz and Contract Financial Officer, Cheng provide an explanation for their advice to no longer move forward with this project. Mr. Eisenbeisz indicated that his biggest consideration and concern is the cost versus the savings aspect. He added his concern for that fact that the City does not have the expertise in utilities aggregation, making the City solely dependent on outside consultants. Contract Staff Cheng added that she and Mr. Eisenbeisz posed several questions to Good Energy in effort to make an informed and sound recommendation to the EDC and City Council. Ms. Cheng also noted that her concern and recommendation stemmed from a City finance point of view. Good Energy presented answers to the questions posed by City staff. They indicated that City residents spend an estimated $30 million per year on energy; the savings is roughly 10% or $3 million per year for a combination of the City, business and residents. This savings in not guaranteed, however does create the option for the future. Good Energy indicated that the City of Apple Valley and the City of Lancaster are fully implemented, Riverside County is moving forward with implementation, the City of Fontana completed the feasibility study and opted not to move forward and SANBAG considered this and decided not to move forward. There are also several other communities within Los Angeles County and Orange County that have decided to remove forward with CCA. Good Energy indicated that there are administrative costs and cash flow management costs, totaling 3-4 percent of the total cost of the program. EDC COMMENTS/RECOMMENDATIONS: Mayor Robertson inquired about the effect of this on residents or business owners, should they decide to move forward with this option. Good Energy indicated that the “spend” would be lower for the resident/business owner, and if the City chooses, their rate may also be lowered. Mayor Robertson inquired about the effect this program would have on solar customers. Good Energy indicated that the CCA does not affect the delivery portion of the bill, which is how solar operates. Mr. Eisenbeisz added that setting the rate could make the deal revenue neutral. Mayor Robertson inquired about how the required funding of $325,000 is expected to be paid. Good Energy explained that this is answer, as well as the answer to many other questions would be addressed in phase II and III of the process. The $20,000 paid was for the initial study.

V. Agency Updates None.

V. Upcoming Meetings (Day & Time)/Other Discussion Items

Mayor Robertson requested an update on the recent roof collapse on an industrial construction site. She also requested that the City Council be briefed on the course of action with these types of incidents.

VI. Adjournment Meeting adjourned at 5:20 p.m.

Mayor Robertson questioned how CCA becomes a benefit to the City for revenue generation or revenue neutral. Good Energy indicated that there are many ways to explore revenue generation outside of the rate. Ms. Cheng inquired about the timeline for cost recovery, as well as if there is a fee charged for opting out. Good Energy indicated that it varies by City, however, City of Riverside was projected at three years for cost recovery. Mr. Eisenbeisz inquired about the costs associated with ending the program. Good Energy indicated that there would be no cost based on the conditions and flexibility of the agreement. Mayor Robertson inquired about the possibility of requiring new businesses to use the utility company of the Cities choice. Good Energy indicated that it’s the Cities decision and under the Cities control. The EDC advised staff to prepare to move forward with phase II and present at the August 8, 2017 City Council meeting. Ms. Cheng and Mr. Eisenbeisz agreed to prepare the report.

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-893 Name:

Status:Type: Presentation Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:

Title: Renaissance Marketplace Leasing/Development Update - LHR

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

Renaissance Marketplace Leasing/Development Update - LHR

City of Rialto Printed on 9/22/2017Page 1 of 1powered by Legistar™

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-895 Name:

Status:Type: Presentation Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Renaissance Parkway East Center - Fernando Acosta Update - Acosta

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

Renaissance Parkway East Center - Fernando Acosta Update - Acosta

City of Rialto Printed on 9/22/2017Page 1 of 1powered by Legistar™

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-894 Name:

Status:Type: Presentation Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:

Title: Pacifica - Renovation of the Former Wal-Mart (Update) - Pacifica

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

Pacifica - Renovation of the Former Wal-Mart (Update) - Pacifica

City of Rialto Printed on 9/22/2017Page 1 of 1powered by Legistar™

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-896 Name:

Status:Type: Presentation Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Rialto Bioenergy Facility (Project Update) - ED/Planning

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

Rialto Bioenergy Facility (Project Update) - ED/Planning

City of Rialto Printed on 9/22/2017Page 1 of 1powered by Legistar™

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-888 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:

Title: A request for an Economic Development Committee review of a conceptual plan for a detached single-family residential subdivision on 6.80 acres of land located at the northeast corner of Randall Avenueand Acacia Avenue in advance of an application for a Zone Change and General Plan Amendment,among other required land use entitlements.

Sponsors:

Indexes:

Code sections:

Attachments: Exhibit A - Location MapExhibit B - Conceptual Site PlanExhibit C - Floorplans & Elevations.pdfExhibit D - Neighborhood Meeting FlyerExhibit E - Neighborhood Meeting Attendance SheetExhibit F - Neighborhood Meeting Comment Cards

Action ByDate Action ResultVer.

For Economic Development Committee meeting of September 27, 2017

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Asst. CA/Director of Dev. Svs.

FROM: Daniel Casey, Associate Planner

A request for an Economic Development Committee review of a conceptual plan for a detachedsingle-family residential subdivision on 6.80 acres of land located at the northeast corner of RandallAvenue and Acacia Avenue in advance of an application for a Zone Change and General PlanAmendment, among other required land use entitlements.

BACKGROUND:

ApplicantR.C. Hobbs Company, Inc., 1110 E. Chapman Avenue, Suite 201, Orange, CA 92866.

LocationThe project site consists of portions of three (3) parcels of land located at the northeast corner ofRandall Avenue and Acacia Avenue (APNs: 0131-131-02, -08 & -09) (Refer to the attached LocationMap (Exhibit A )).

Economic Development Committee ReviewThe Economic Development Committee Review process promotes quality development andCity of Rialto Printed on 9/22/2017Page 1 of 6

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File #: 17-888, Version: 1

The Economic Development Committee Review process promotes quality development andfacilitates the development review process. The process allows an applicant to present schematicdesigns to the Economic Development Committee during the early stages of a project prior to formalapplication submittal and to receive broad, general comments and direction. The EconomicDevelopment Committee does not make final decisions, but does ultimately providerecommendations to the City Council.

On July 24, 2017, the EDC first reviewed the proposed project. The EDC recommended that theApplicant consider adding single story homes to appeal to mature purchasers. The Applicant revisedthe project scope to include single-story options.

Site DescriptionThe project site is a relatively flat, asymmetrical-shaped piece of land comprised of three parcels.The parcels as a whole are 8.41 gross acres in size with approximate dimensions of 625 feet (east-west) by 615 feet (north-south). The project site contains two existing single-family residences andan abandoned horse stable. The project site is bound on the south by Randall Avenue and on thewest by Acacia Avenue. To the north of the project site are several rural single-family residences,one of which contains an active poultry farm. To the east of the project site are single-familyresidential subdivisions located within the City of San Bernardino. To the south, across RandallAvenue single-family residential subdivision, and to the west, across Acacia Avenue, are several ruralsingle-family residences. The zoning of the project site and the properties to the north and west isAgricultural (A-1), and the zoning of the properties to the south is Single-Family Residential (R-1C).

According to Exhibit 4.4.2 of the Rialto General Plan Environmental Impact Report, the project sitelies within potential Delhi Sands Flower-Loving Fly habit. Clearance from the United States Fish andWildlife Services is required prior to the commencement of any construction activities on the projectsite.

Surrounding Land Use and Zoning

Location Existing Land Use Zoning

Site Single-Family Residences / Vacant Land A-1 (Agricultural)North Poultry Farm A-1 (Agricultural)East Single-Family Residences City of San BernardinoSouth Single-Family Residences R-1C (Single-Family Residential)West Single-Family Residences A-1 (Agricultural)

General Plan Designations

Location General Plan Designation

Site Residential 2 with an Animal Overlay (0.1 - 2.0 du/acre)North Residential 2 with an Animal Overlay (0.1 - 2.0 du/acre)East City of San BernardinoSouth Residential 6 (2.1 - 6.0 du/acre)West Residential 2 with an Animal Overlay (0.1 - 2.0 du/acre)

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ANALYSIS/DISCUSSION:

Project ProposalR.C. Hobbs Company, Inc. proposes to subdivide the project site into a 50-lot single-familysubdivision (6.80 acres) and two remainder lots (1.61 acres) (Exhibit B). The proposed density ofthe project is 7.35 dwelling units per acre. Lot sizes for the new single-family lots range fromapproximately 3,160 square feet to 7,020 square feet, with an average lot size of about 3,400 squarefeet. The lots have depths between 73.5 feet and 84.5 feet, and widths between 43 feet and 60 feet.The applicant proposes four distinct plan types - Plans 1, 2, 3, and 4 and reverses footprints for atotal of eight footprints. Plans 1, 2, and 3 are two-stories in height, and Plan 4 is one-story in height.The floor area of these plans will range from 1,600 square feet to approximately 2,300 square feet.Each house will feature between three to five bedrooms, two to three and one-half bathrooms, a two-car garage, a kitchen, and living areas.

Project DesignA new private street, connected directly to Randall Avenue, will provide access to all 50 lots.Residents will have access to approximately 25,052 square feet of common open space primarily atthe entrance of the project site, though also at the north end as well. The applicant has not yetspecified the amenities proposed for the common open space other than a trellis shade structurepresumably for a picnic/bbq area. Five (5) dedicated parking spaces will accommodate guests of theresidents, while the interior private streets are wide enough to accommodate parking along one sideof the street throughout the entire site. A four-foot wide sidewalk will also be provided on both sidesof the private street to provide walkability throughout the subdivision. Finally, the subdivision isplanned to be gated and enclosed with a six-foot high masonry wall to provide exclusivity to theresidents.

Architectural design of the proposed product has not been finalized, pending direction and arecommendation on the project from the EDC. However, the applicant provided sample floor plansand elevations (Exhibits C) to demonstrate the type of homes that would be built on-site. Theexterior of the product shown is consistent with typical single-family residential structures.

Design and Technical CommentsThe Development Review Committee will provide comprehensive design and technical commentsafter submittal of a formal application. The Planning Division offers the following preliminarycomments:

1. A primary goal of the design should be to provide connectivity to the remainder lots to allow forfuture incorporation into the subdivision. The drive-aisle termini at lots 4 and 15 should stubout at the project site boundary to provide future connection of all remainder lots. A SiteUtilization Map should be provided to better demonstrate future connectivity.

2. Per Section 18.58.060B(2) of the Rialto Municipal Code, developments within the Multi-FamilyResidential (R-3) zone shall provide one guest parking space for every four dwelling units.This equates to a requirement of thirteen guest parking spaces for the project. Only five guestparking spaces are provided in the current proposal. The site design needs to be revised toprovide the required amount of guest parking.

3. The current design provides street widths of thirty-four (34) feet curb to curb. This street widthwill only allow for parking on one side of the street in order to provide adequate emergencyaccess. A street width of thirty-six (36) feet will accommodate parking on both sides of the

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access. A street width of thirty-six (36) feet will accommodate parking on both sides of thestreet. The lot depths on each side of each street should be reduced by one foot, and thestreet widths should be increased to thirty-six (36) feet. Parking on both sides of the street, inaddition to the required guest parking, will prevent parking from spilling outside of thedevelopment.

4. The lot depths of all lots adjacent to Randall Avenue and Acacia Avenue should be reduced byfive feet. The excess five (5) feet should be incorporated into a common landscape planternext to the sidewalk adjacent to the street side parking. This will provide a buffer between therear fence lines of the lots and the public right-of-way.

Zone Change & General Plan AmendmentPer Section 18.08.030A of the Rialto Municipal Code, the minimum lot size allowed in the A-1 zone isone acre, while the Residential 2 with an Animal Overlay general plan designation limits developmentof the project site to a maximum of two dwelling units per acre. Thus, the current zoning and generalplan designations cannot accommodate the proposed subdivision.

In order to develop the proposed subdivision, the developer will be required to apply for a ZoneChange and a General Plan Amendment. A zoning designation of Multi-Family Residential (R-3) anda general plan designation of Residential 12 (6.1 - 12.0 du/ac) are the most logical designations toaccommodate the proposal. Even though the R-3 zone is titled “Multi-Family Residential”, it will allowfor the development of a single-family residential subdivision with the applicant’s desired density.Alternatively, a zoning designation of Planned Residential Development-Detached (PRD-D) couldalso be used to accommodate a single-family subdivision. The PRD-D zone allows for the small lotsizes proposed by the applicant, however the PRD-D zone requires substantially more common openspace than the R-3 zone. Specifically, the PRD-D requires 47,393 square feet of common openspace for this project compared to only 20,000 square feet in the R-3 zone. The common openspace requirement of the PRD-D zone would ultimately require the applicant to significantly reducethe density below what is currently proposed.

Neighborhood MeetingOn August 30, 2017, the Planning Division held a neighborhood meeting to introduce the project tothe public. The meeting took place at Morris Elementary School located at 1900 W. Randall Avenue,Colton, CA, which is immediately to the southeast of the project site. Staff mailed flyers (Exhibit D)to all seventy-seven property owners within 300 feet of the project site. Eight (8) members of thepublic attended the meeting. The attendance sheet and comment cards received are attached to thisreport (Exhibits E & F). The project was generally well received by the attendees. The main issueof concern centered on existing traffic issues in the area created by traffic going to and from MorrisElementary School in the morning and early afternoon. Staff and the applicant’s representativesaddressed the audience’s comments at the meeting by explaining that the applicant will prepare aTraffic Impact Analysis report and will coordinate with the Rialto Unified School District during thedevelopment review process. The Applicant will improve Randall Avenue to its full widthimprovement standard, consisting of two travel lanes in each direction with on-street parking.

Necessary ApplicationsIn addition to the applications for the General Plan Amendment and Zone Change, the applicant willalso be required to file a Tentative Tract Map application and a Precise Plan of Design application.The following applications and fees (valid through June 30, 2017) will be required at the time offormal submittal:

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1. General Plan Amendment (Residential 2 w/ Animal Overlay to Residential 12): $3,759.20

2. Zone Change (A-1 to R-3): $4,228.50

3. Tentative Tract Map (Subdivision of project site into 50 single-family lots and associatedcommon lots): $4,103.70

4. Precise Plan of Design (Development of 50 single-family residences and associated commonamenities): $2,270.10

5. Environmental Assessment Review (Initial Study / Mitigated Negative Declaration): $1,459.40+ $2,266.25 DFG fee

Environmental StudiesThe following environmental studies will be required at the time of formal submittal:

1. Initial Study

2. Air Quality / Greenhouse Gas Analysis

3. Biological Resources Study

4. Cultural Resources Study

5. Fiscal Impact Analysis

6. Noise Study

7. Traffic Scoping Agreement. Based on the results of the Traffic Scoping Agreement, a TrafficImpact Analysis may be required.

FINANCIAL IMPACT:

The applicant will bear the full capital cost of construction of the project and the requiredinfrastructure improvements. No City funds will be used to construct the project. Prior to completionof the project, the applicant will be required to pay plan check, permit, and development impact feesto the City. The applicant will pay approximately $1,929,100 for those one-time fees, as shown in thechart below:

Fee Capital Operating Total

Development Impact Fees $1,650,000 - $1,650,000Building Plan Check / Permit Fees - $150,000 $150,000Planning Fees - $16,100 $16,100Engineering Plan Check / PermitFees

- $113,000 $113,000

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Fee Capital Operating Total

Development Impact Fees $1,650,000 - $1,650,000Building Plan Check / Permit Fees - $150,000 $150,000Planning Fees - $16,100 $16,100Engineering Plan Check / PermitFees

- $113,000 $113,000

One Time Fee Revenues $1,650,000 $279,100 $1,929,100

Fiscal impact reports for similar developments within the City projected an average annual netoperating cost of $288 per residential unit with the Utility Tax and $722 per residential unit without theUtility Tax. At stabilized occupancy, the proposed project of fifty homes would cost the City GeneralFund $14,400 to $36,100 more per year to service than the revenues derived. The applicant will berequired to pay for the preparation of an operating fiscal impact report and mitigate the impacts, ifany, through the annexation into a Community Facilities District, payment of a one-time mitigationfee, or other acceptable mitigations measures.

RECOMMENDATION:

Staff requests that the Economic Development Committee review and provide the applicant withcomments and direction on the proposed project and Zone Change/General Plan Amendment

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Project Location Map

N

N

- Project Site

150 South Palm Avenue ● Rialto, California 92376

Neighborhood Meeting Thursday, August 31, 2017 at 6:00 p.m.

Morris Elementary School – 1900 W. Randall Avenue, Colton, CA 92324 Multi-Purpose Room

The City of Rialto is hosting a neighborhood meeting and all members of the public are invited. The purpose of the meeting is to present and discuss a proposal to develop 50 detached single-family residences on 6.53 acres of land located at the northeast corner of Randall Avenue and Acacia Avenue (See project site map below). The structures will come in both one (1) and two (2) story product, ranging in size from 1,600 square feet to 2,200 square feet. In conjunction with the development, the project applicant has filed a Zone Change application to change the zoning designation of the project site from Agricultural (A-1) to Multi-Family Residential (R-3), and a General Plan Amendment application to change the land use designation from Residential 2 with an Animal Overlay (0.1 – 2.0 dwelling units/acre) to Residential 12 (6.1 – 12.0 dwelling units/acre). Project Applicant – R.C. Hobbs Company, Inc. Related Files – General Plan Amendment No. 2017-0003 and Zone Change No. 2017-0003 Project Site – 6.53 acres of land located at the northeast corner of Randall Avenue and Acacia

Avenue (APNs: 0131-131-02, -08 & -09). Meeting Location – Morris Elementary School located at 1900 W. Randall Avenue, Colton, CA 92324. Meeting Time – Start time 6:00 p.m. – Q & A and Comment Section to follow presentation. If you have any questions or need any additional information please contact the project planner, Daniel Casey, Associate Planner, at (909) 820-2525 ext. 2075 or at dcasey@rialtoca.gov.

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-884 Name:

Status:Type: Resolution Agenda Ready

File created: In control:9/20/2017 City Council

On agenda: Final action:

Title: Provide Direction into the Scope of Work for the Public Facilities Master Planning and FinancialForecasting Services Request for Qualifications.

Sponsors:

Indexes:

Code sections:

Attachments: RFP 16-XXX - Civic Center Design Services - CLEAN - 5-16-2016.pdf

Action ByDate Action ResultVer.

For Economic Development Committee [September 27, 2017]

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Assistant CA/Development Services Director

FROM: Lynn Merrill, Lynn Merrill & Associates

Provide Direction into the Scope of Work for the Public Facilities Master Planning and FinancialForecasting Services Request for Qualifications.BACKGROUND:The City of Rialto has undergone significant growth since the City constructed the existing CivicCenter in 1961 and the Police Department in 1965. Technology advancements, changes in demandfor municipal services, recreational opportunities coupled with outdated facilities have limited theCity’s ability to deliver services. As the City continues to grow, the need to identify future publicfacility needs and funding is critical for the City to provide services.

In 2016, staff from the various departments prepared a draft Request for Qualifications (RFQ) toretain a qualified professional planning and design services for new facilities and infrastructuremaster and financing plan (Master Plan) within the City. The scope of work stated that:

“The selected firm shall be responsible for identifying specific community needs as it relates to the civiccenter, including the existing police, fire and general government buildings, parks and recreationfacilities including new parks as well as renovation of existing parks, and other public safety, andgeneral government facilities located throughout the city. The City is anticipating that the resultingmaster plan will be based on full build-out of the city, and will include an assessment of the existing cityfacilities to identify any deficiencies as it relates to public health, safety, environment and welfare, aswell as compliance with disability access, energy conservation, water conservation, and currentenvironmental regulations.

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The proposed master plan will also include a 20-year budgeting and financing component that will beused by the City to program the necessary funding to accomplish the implementation of the MasterPlan. The budgeting and financing plan shall include, but not be limited to, the use of DevelopmentImpact Fees, User Fees, Bonds, Infrastructure Financing mechanisms or other funding approaches.The City desires to lay out an appropriate methodology in order to accomplish implementation of theMaster Plan over the twenty year period, including anticipation of schedule of work associated with thedesign, development, and construction of the identified infrastructure.”

In May 2016, staff presented the attach draft RFQ (Attachment A) to the Economic DevelopmentCommittee for consideration. The EDC expressed a desire to include more financing options,including public and private development, and concerns regarding fee impacts. For various reasons,staff delayed RFQ finalization.

ANALYSIS/DISCUSSION:During the May 2016 EDC meeting, the EDC expressed concerned regarding the timing andnecessity for this study. Several issues have converged to emphasize the importance of this issue:

1. In January 2017, a major wind event caused an area-wide power outage resulting indisruptions to Police Department operations that required relocating certain operations outsidethe main police building.

2. Existing facilities for public services such as Development Services, Finance, andAdministration have outgrown existing civic center buildings. These buildings will need majorupgrades to continue functioning that include air handling systems for technology support,electrical demands from additional technology, and changing staffing needs.

3. Recreational facilities beyond those in current design and planning will be needed to serve thechanging needs of the community. Some areas of the City may not be well served byneighborhood facilities.

4. Remodeling and upgrades, while individually addressing problems within City facilities, do notaddress the functional obsolescence. For example, installation of ADA measures or upgradedrestroom facilities improves the current usability, but do not address the aging water, sewer,and other backbone functions. These approaches extend the service life or addressimmediate problems but ignore the core functionality needs.

5. Without adequate planning and financing documents, the City may not be able to supportupdated Development Impact Fees or apply for any State or Federal Infrastructure Grants.

6. The City cannot generally use development impact fees to correct existing deficiencies, andthe City needs to identify alternate funding for that portion of many facility improvements. The10-year financial plan underway will incorporate a capital outlay component in the operatingbudget to allocate funding for these unfunded improvements.

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RECOMMENDATION:Staff recommends that:

1. The EDC provide additional input and direction to staff as to additional information to beincorporated into the Scope of Work for the RFQ/RFP process.

2. Direct staff to prepare and revise the RFQ/RFP.

3. At the October 10, 2017 City Council meeting, request formal authorization to release theRFQ/RFP.

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CITY OF RIALTO, CA NOTICE FOR REQUEST FOR PROPOSALS (RFP) #16-XXX

PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES NOTICE IS HEREBY GIVEN that the City of Rialto is requesting proposals from qualified professional firms to provide the City with planning, architecture, engineering, landscape design, and project management services related to PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES, (hereinafter the “Project”). PROJECT LOCATION: Various locations throughout the City. SCOPE OF SERVICES: The scope of work generally includes conducting community assessments, developing long range planning of a community’s facilities, developing project estimates and schedules, and preparing long range financial pro-forma which will be used to guide budgeting decisions. OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.rialtoca.gov (from the main page look for “Featured Resources” on the right hand side, go to “Bids/Proposals”), or at www.rialtoca.gov/1458_1534.php. Alternatively, you may contact the Purchasing Division at (909) 820-2539 or e-mail purchasing@rialtoca.gov. Upon downloading the RFP via the internet, contact the Public Works Department by e-mail at bidinfo@rialtoca.gov, or by phone at (909) 421-4999, to register as a firm interested in this project. Failure to register may result in not receiving addenda to the RFP. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Rialto City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All proposals must be received in the Purchasing Division, 249 S. Willow Ave., Rialto, CA, 92376 by 2:00 P.M., THURSDAY, JULY 28, 2016. The receiving time in the Purchasing Division will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. Robert Eisenbeisz Public Works Director/City Engineer March 30, 2015

RFP #15-XXX Page 1

CITY OF RIALTO, CA REQUEST FOR PROPOSALS (RFP) 16-XXX

PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES Requests for Proposals (RFP #16-XXX), for planning, assessment and financial forecasting related to the PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES for the City of Rialto, CA, (hereinafter the “RFP”) will be received at the City of Rialto Purchasing Division, 249 S. Willow Ave., Rialto, CA, 92376, until 2:00 P.M., THURSDAY, July 28, 2016. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Purchasing Division will be the governing time for acceptability of submitted Proposals. Telegraphic, telephonic, faxed or emailed Proposals will not be accepted. Late Proposals will be returned unopened. Failure to register as a Respondent to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under “Obtaining RFP Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions. 1. PURPOSE AND SCHEDULE: The City of Rialto is requesting proposals from qualified professional firms to provide the City with PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES , (Hereinafter the “Project”). The selected firm will be responsible for providing developing a needs assessment of the city’s facilities as they relate to administration, public safety, operations and parks and recreation, developing estimates relating to the quantities and locations of the proposed facilities, and developing long range cost and budget estimates which shall be used to guide the development of these proposed facilities. Funding for all phases of the Project will come from various City funds, including but not limited to Development Impact Fees, Bond proceeds, User Fees and other sources. SCHEDULE: The following timetable is anticipated: Wednesday, June 29, 2016 Request for Proposal is released Wednesday, July 13, 2016 Pre-Proposal conference for Q&A, optional Monday, July 18, 2016 Questions regarding RFP due by 2:00PM Thursday, July 21, 2016 Responses to questions released.

RFP #15-XXX Page 2

THURSDAY, July 28, 2016 Proposals due by 2:00PM. Wednesday, August 10, 2016 Oral Interviews, if scheduled. Tuesday, September 13, 2016 City Council awards Professional Service Agreement. *Dates above are subject to change. 2. INTRODUCTION AND COMMUNITY BACKGROUND The City of Rialto is currently seeking qualified and capable professional planning and design services for the development of a twenty-year facilities and infrastructure Master Plan and Financing Plan (Master Plan) within the City. The selected firm shall be responsible for identifying specific community needs as it relates to the civic center, including the existing police, fire and general government buildings, parks and recreation facilities including new parks as well as renovation of existing parks, and other public safety, and general government facilities located throughout the city. The City is anticipating that the resulting master plan will be based on full build-out of the city, and will include an assessment of the existing city facilities to identify any deficiencies as it relates to public health, safety, environment and welfare, as well as compliance with disability access, energy conservation, water conservation and current environmental regulations. The proposed master plan will also include a 20-year budgeting and financing component which will be used by the City to program the necessary funding to accomplish the implementation of the Master Plan. The budgeting and financing plan shall include, but not be limited to, the use of Development Impact Fees, User Fees, Bonds, Infrastructure Financing mechanisms or other funding approaches. The City desires to lay out an appropriate methodology in order to accomplish implementation of the Master Plan over the twenty year period, including anticipation of schedule of work associated with the design, development and construction of the identified infrastructure. The City of Rialto is located in the Inland Empire and is considered to be one of the oldest and most well established cities. Incorporated in 1913, the City recently celebrated its Centennial year. The City is served by Interstate 10 that transverses the south end of the city and Interstate 210 that transverses the north end of the City on an east west alignment, and Interstates 15 along the north west edge of the City and Interstate 215 along the eastern edge of the City on a north south alignment. The city of Fontana is adjacent to the west boundary of the City and the cities of San Bernardino and Colton abut on the east side. The current population of the city is 102,092, based on the California Department of Finance E-1. Approximately 36.30% of the City’s population is below the age of 19, while 16.10% is over the age of 55, representing significant and diverse recreational and community needs within the Community. The following table from the American FactFinder website of the U.S. Census Bureau provides information regarding the age make up of the City.

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Estimate Percent SEX AND AGE Total population 100,479 100,479 Male 50,247 50.00% Female 50,232 50.00% Under 5 years 8,728 8.70% 5 to 9 years 8,404 8.40% 10 to 14 years 10,041 10.00% 15 to 19 years 9,195 9.20% 20 to 24 years 8,626 8.60% 25 to 34 years 13,487 13.40% 35 to 44 years 13,563 13.50% 45 to 54 years 12,287 12.20% 55 to 59 years 4,504 4.50% 60 to 64 years 4,042 4.00% 65 to 74 years 4,483 4.50% 75 to 84 years 2,492 2.50% 85 years and over 627 0.60% Median age (years) 28.4 (X)

The City recently updated its General Plan; this document is incorporated by reference into this RFP and shall serve as a supporting document for the development of the Master Plan. A copy of the General Plan may be downloaded from the City’s website at: http://www.rialtoca.gov/development_4598.php Potential submitters are further encouraged to review the various specific plans that the City has adopted for various locations in order to fully understand the projected growth and development throughout the city, as well as proposed new facilities and parks which will be included within those specific plans. SCOPE OF WORK The City of Rialto invites qualified firms (CONSULTANTS) to submit a response to the Request for Proposal. The City understands that this effort is multi-year and multi-facetted in its approach, and that the selected Consultant or Consultant Team will become a strategic partner with the City to achieve the results contemplated under the Project. The City believes that this effort is an exciting approach in order to ensure that the needs of immediate and future residents will be met with a proactive, creative and visionary plan to create community facilities that are able to serve the needs for the next 100 years. The City intends to update its development impact fee schedule for essential governmental administrative facilities, by creating a Facility Master Plan for police, fire, public works, and

RFP #15-XXX Page 4

general government (Finance, Administration, Development Services, etc.) services. The scope of work does not include parks, open space, or other governmental utility systems commonly included in development impact fee programs. A Facility Master Plan provides critical input into the economic model establishing fair share fees for new development. The City expects to realize substantial one-time revenues for capital facility construction and seeks a rational program for allocating limited resources to the highest priority projects and ensuring that the City maintains adequate public facilities and services at community build out. The Scope of Work includes:

Community Visioning And Demographics. The qualified firm shall conduct a detailed assessment of the current and future public facility needs of the community by securing input from the various stakeholders. Typical techniques used would include one-on-one interviews with key senior management and elected officials, focus group interviews, public workshops, or surveys of various stakeholder groups. The qualified firm should develop a forecast of service population growth (residents and employees), demographic and socio-economic changes to create a profile of the City’s build out character and facility demands. The consultant may use existing studies (e.g. General Plan) and regional experts to support the visioning. The product of this effort should provide the foundation for the development of the facility needs assessment and eventually the apportionment of costs to new development.

Facility Needs Assessment. The qualified firm should convert the community visioning

and profile analysis into a comprehensive governmental facility plan which identifies existing and future staffing levels in the various departments such as Administration, Administrative Services, City Clerk, Community Services, Development Services, Fire, Police, Recreation, Treasurer, and Public Works. This effort shall evaluate the current space utilization in each department, and establish standards and recommendations for staff workspaces, common areas, storage, and ancillary facilities at City build-out. The Consultant shall then contrast the projected build out facility inventory with the existing facility inventory, and identify the facility voids. This should include evaluation of the existing facility inventory for obsolescence and or inefficiencies. The product deliverable is a report and presentation outlining the City’s existing and future facility needs at build out under the General Plan.

Facility Master Plan. Based on the first two reports, the Consultant shall prepare a

formal Facility Master Plan. This plan shall provide, among other things, the potential building square footage or land acreage for each facility, available existing City-owned or controlled properties that may be suitable for use for the various facilities; other properties or locations that may be suitable for acquisition by the City for proposed facilities; and other information establishing a comprehensive master plan. The plan should consider the expected future demands for services, the service area centroids for various facilities, and based on current City standards or best management practices, the parking facilities, landscaped areas and other features that should be incorporated into the facilities. The Consultant should consider facility security, energy and water usage, low impact development principles and practices, transportation and commuting demands, and other state-of-the art requirements for the design and performance of civic buildings and facilities. The Consultant should develop conceptual site plans and

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renderings of various approaches that might form the design basis for the governmental facilities.

Financing Plan. The Consultant shall prepare a twenty-year schedule for

implementation of the Facility Master Plan. This implementation schedule shall include timelines for when facilities should become operational to satisfy service requirements. The Financing Plan should estimate costs for each facility. An annual financing plan shall be prepared identifying the amount of funds needed each fiscal year in order to achieve the objectives of the Facility Master Plan. All future costs should be projected using acceptable accounting and forecasting methods.

Presentations and Technical Support. The Consultant shall provide approaches for ensuring that all of the City staff, elected officials, and others are constantly updated regarding the development process for the entire project. Consultant should propose how they shall maintain open lines of communication through formal and informal presentations to the City Council, various commissions, and public throughout the process.

In developing a submission to this RFP, consultants should assemble teams that are able to be forward thinking in their vision, while being rigorous and thorough in their planning and cost processes. The City believes that this creates a unique opportunity to forward plan the city facilities in such a way that it becomes something that future residents can be proud of. The effort needs to compliment the city’s General Plan, various specific plans and other studies in order to ensure an integrated and well-planned approach to meeting the needs of the community. Consultants that can best integrate and express this effort, while providing excitement and creativity will be strongly considered.

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4. PROPOSAL REQUIREMENTS: The firm’s proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Rialto relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Rialto will not approve addenda to the selected firm’s agreement which do not involve a substantial change from the general scope of work identified in this RFP. 5. SELECTION PROCESS: The City of Rialto is utilizing a Qualifications Based Selection process to select a firm to provide the services requested by this RFP. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. 6. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the “Request for Proposals” (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with Federal, State and local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm, the associated cost proposal will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed upon project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Project Understanding (25 POINTS): The firm’s proposal adequately demonstrates an understanding of the Project and familiarity with the project area; and provides a well thought out approach and methodology to accomplishing the project. Note: Firms should not simply restate the information contained in this RFP; this evaluation criteria requires that the proposal identify “critical issues” to the Project, identify an approach to

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resolving any critical issues, and otherwise provide additional information regarding the Project which supports the firm’s ability to perform if selected. Scope of Work (25 POINTS): Proposed approach to the Project including the expected time commitment of key personnel, technical approach to the Project, and the emphasis placed on individual elements of the project, as well as a long term commitment to assisting the City in implementing this project. Note: As this RFP has identified a General Scope of Work, evaluation criteria requires that the proposal identify a detailed scope of work to successfully implement the Project. The detailed scope of work must be identical to the format in which the Cost Proposal has been submitted – each sub-task must be identified in the firm’s separately sealed Cost Proposal with a corresponding fee. Staff Qualifications (25 POINTS): Qualifications of the staff assigned to manage and provide services related to the Project; experience with developing and implementing long term facilities planning processes, cost and budget estimates and community involvement. Note: This evaluation criteria requires that the proposal identify specific experience with the development of community facilities needs and planning, and related projects involving review and approval of conceptual plans by various stakeholders. Relevant experience must be demonstrated. Firm Qualifications (15 POINTS): Past experience with facilities planning projects, including the ability to develop consensus and experience with navigating approval of conceptual park plans involving various stakeholders (including various advisory committees, Commissions and City Council). Project Schedule (10 POINTS): Thoroughness and reasonableness of the project schedule. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 ½ X 11 format, may be no more than a total of forty (40) pages (sheets of paper, double sided is OK), including an organization chart, staff resumes and appendices, and cover letter. NOTE: Dividers, attachments included in this RFP to be submitted with the proposal, and Addenda acknowledgments do NOT count toward the 40 page limit. Interested firms shall submit EIGHT (8) copies (one marked “Original” plus seven copies) of its proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, "RFP #16-XXX, REQUESTS FOR PROPOSALS FOR PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES". Within the sealed proposal package, the Cost Proposal shall be in a separately sealed envelope. Proposals not meeting the above criteria may be found to be non-responsive. Each proposal package must include two separately sealed envelopes. Envelope #1, clearly marked “Work Proposal”, shall include the following items:

RFP #15-XXX Page 8

Completed Signature authorization and Addenda Acknowledgment (see Attachment A)

Completed Debarment and Suspension Certificate (see Attachment B)

Technical proposal – describe in detail your approach and understanding of all necessary tasks and steps involved in the project; include a list of deliverables

Related Experience; include relevant experience date, name of agency, and reference name/contact information

A thumb drive containing the Work Proposal in Microsoft Word (*.doc) and Adobe Acrobat (*.pdf) formats

Envelope #2, clearly marked “Cost Proposal”, shall include the following item: Cost proposal – provide a Cost Proposal that includes all costs associated with planning, architecture, engineering, landscape design, and project management services necessary to appropriately identify future sites, and design selected sites for development. The City will use a “Cost Per Unit of Work” method (lump sum cost per task item or element of work) to pay for professional services related to this project; therefore, Consultants should list a lump sum cost per each sub-task or item of work. The general Scope of Services outlined herein is only provided as a guide in this Request for Proposals; Consultants should provide a detailed Scope of Services in their submitted Work Proposal as necessary to reflect the method and procedure in which they intend to provide the required professional services, consistent with the general Scope of Services. The Cost Proposal must be identical to the detailed Scope of Services included as part of the Consultant’s Work Proposal submitted in Envelope #1. At a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. SECTION A: PROJECT UNDERSTANDING A.1 Without reciting the information regarding the Project verbatim as contained in this RFP, convey an understanding of the intent of the Project and an understanding of the City’s expectations upon implementation of the Project, as well as the Consultant’s approach to the Project. A.2 Identify “key” or “critical” issues that may be encountered on the Project based on the firm’s prior experiences; provide steps to be taken to ensure the issues do not affect the successful delivery of the Project. SECTION B: SCOPE OF WORK B.1 Provide a detailed scope of work identifying all tasks and sub-tasks required to successfully implement the project. The outline of tasks and sub-tasks must be thorough and complete, and will be used as the scope of work included in the selected firm’s contract. Special Note: The detailed technical scope of work outline must be identical to the outline of tasks and sub-tasks on the Cost Proposal (submitted in a separately sealed envelope). This is

RFP #15-XXX Page 9

to ensure that the final agreed contract has a scope of work and payment schedule which correlate to one another. SECTION C: STAFF QUALIFICATIONS C.1 List the name and qualifications of the Project Manager that will be assigned to the Project. C.2 Identify the total number of projects the Project Manager (assigned as a “Project Manager”) has successfully completed which involved approval of facilities planning and financial forecasting involving various stakeholders. Provide date completed, a description of the project, location and lead agency (include contact information). C.3 Identify the total number of projects the Project Manager is currently engaged in which involve facilities planning, community assessments and financial forecasting projects. C.4 Identify how many years the Project Manager has been currently employed with the Consultant’s firm. Identify how many years the Project Manager has been previously employed with other firms, and identify the number and names of the other firms. C.5 Identify how the Project Manager can or will have sufficient time to devote to the Project, given current and future time commitments, if the Consultant is selected. SECTION D: FIRM QUALIFICATIONS D.1 For each member of the Consultant’s team (including Sub-Contractors), list the firm’s complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. D.2 List the name and title of the firm’s principal officers with the authority to bind the company in a contractual agreement. D.3 List the firm’s specific and relevant experience with community facilities planning and design projects, community assessments and financial forecasting. Detailed project information, including dates project started and completed, local agency contact information, local agency Project Manager, and other appropriate supporting information shall be provided. D.4 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant’s background and specific expertise that they bring to the Project. SECTION E: PROJECT SCHEDULE E.1 Identify the time frame for previous projects the Consultant’s firm has successfully completed which involved approval of conceptual designs and plans involving various stakeholders. List the total months required, including the date the Notice to Proceed was issued, the date conceptual plans were approved by the local agency, and the date the final plans were approved by the local agency (for construction bidding).

RFP #15-XXX Page 10

E.2 Provide a thorough project schedule identifying all tasks and sub-tasks identified in the detailed scope of work submitted with the Proposal, showing a schedule to deliver the Project in consideration of all reasonable and expected time frames necessary. Firms shall assume that a Notice to Proceed is issued to the firm on May 1, 2016. DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Rialto, Division of Procurement and Contracting by 2:00 P.M., THURSDAY, MAY 12, 2016. Proof of receipt before the deadline is a City of Rialto, Purchasing Division time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Purchasing Division prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to: City of Rialto Purchasing Division 249 S. Willow Ave. Rialto, CA 92376 Attn: William Jernigan, Purchasing Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below may be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: City of Rialto Public Works Department 335 W. Rialto Ave. Rialto, CA 92376 via FAX (909) 421-7210 or via EMAIL: bidinfo@rialtoca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 2:00 P.M., Monday, July 18, 2016. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Purchasing Division will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Rialto in accordance with the standard Professional Services Agreement (see Attachment 4). Requested changes to the Professional Services Agreement may not be approved, and the selected firm must ensure that the attached document will be executed.

RFP #15-XXX Page 11

Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. AWARD OF CONTRACT: It is the City’s intent to award a contract to the firm that can provide all of the services identified in the RFP document. However, the City reserves the right to award a contract to multiple Respondents or to a single Respondent, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

RFP #15-XXX Page 12

RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Rialto and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract to a specific firm, if any, by the City Council. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, development of any technical proposal if requested, or any other aspects of the entire RFP process. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with Title 5 of the City of Rialto Municipal Code, entitled “Business Licenses and Regulations”. PROPOSAL INFORMALITIES OR DEFECTS: The City of Rialto reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to seek new RFP’s, as best serves the interests of the City. INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City’s RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved.

RFP #14-053 Attachment “A”

ATTACHMENT “A” *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED INSIDE ENVELOPE #1, “WORK PROPOSAL”* REQUESTS FOR PROPOSALS (RFP) # 16-XXX PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES SIGNATURE AUTHORIZATION PROPOSER: ___________________________________________________________________________ A. I hereby certify that I have the authority to submit this Proposal to the City of Rialto for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. ____________________________________ SIGNATURE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: ____ An individual; ____ A partnership, Partners’ names: ____ A company; ____ A corporation My tax identification number is: __________________________ ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # _______________ is/are hereby acknowledged. The “Small Business Concerns Information” sheet shall be included as part of Attachment “A”.

RFP #14-053 Attachment “A”

Attachment “A” - Small Business Concerns Information The Proposer shall furnish the following information. Additional sheets may be attached, if necessary. (1) Name: ________________________________________________________________ (2) Address: ________________________________________________________________ (3) Phone No.: ______________________________Fax No.:___________________________ (4) E-Mail: ________________________________________________________________ (5) Type of Firm: (Check all that apply) ______ Individual ______ Partnership ______ Corporation ______ Minority Business Enterprise (MBE) ______ Women Business Enterprise (WBE) ______ Small Disadvantaged Business (SDB) ______ Veteran Owned Business ______ Disabled Veteran Owned Business ______ Other (6) Business License: _____Yes _____No License Number: ___________________________ (7) Tax Identification Number: _____________________________________________________ (8) Number of years as a firm practicing the requested services: ____________________________ (9) Three (3) projects of this type recently completed: Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ (10) Person who reviewed the RFP for your firm: Name:__________________________________ Date of Review: ______________________

RFP #14-053 Attachment “B”

ATTACHMENT “B” *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED INSIDE ENVELOPE #1, “WORK PROPOSAL”* REQUESTS FOR PROPOSALS (RFP) # 16-XXX PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Proposer responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. Consultant Name: (Date) (Signature) (Name & Title)

ATTACHMENT 1 SAMPLE PROFESSIONAL SERVICES AGREEMENT

RFP #14-053 Attachment 1

COPY OF CITY’S SAMPLE PROFESSIONAL SERVICES AGREEMENT FOLLOWS THIS PAGE

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CITY OF RIALTO PROFESSIONAL SERVICES AGREEMENT

FOR PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this ___ day of ____, 2016, by and between the CITY OF RIALTO, a California municipal corporation, (hereinafter referred to as “City”) and _________________, (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.” RECITALS A. City has determined that there is a need for engineering, landscape design and project management services related to the PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES , (hereinafter the “Project”). B. Consultant has submitted to City a proposal to provide community assessment, facilities planning and financial forecasting services for the Project pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A,” which is attached hereto and is incorporated herein by reference (hereinafter referred to as the “Scope of Services”). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Scope of Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Scope of Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibits “B” and “C”, respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal

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shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal (Exhibit “B”); (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal (Exhibit “C”). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses (including a City Business License), permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Scope of Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Scope of Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Scope of Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to any site where the Scope of Services are performed and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Scope of Services by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Maximum Contract Amount or $15,000, whichever is less, may be approved by the City Administrator, or his designee, as may be needed to

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perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Rialto City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein. 2.0 COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit “D” and is incorporated herein by reference, but not exceeding the maximum contract amount of ___________________ (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit “D.” Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city’s payment obligation under this section is the amount specified herein. If the City’s maximum payment obligation is reached before the Consultant’s Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City’s part for further payment beyond the Maximum Contract Amount. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit “D”), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the Contract Officer, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within thirty (30) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City or Consultant, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment shall be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Rialto City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE

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3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit “E). 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed given by the City, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “E” and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Administrator in writing of the causes of the delay. The City Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Administrator such delay is justified. The City Administrator's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services, as provided in the Schedule of Performance (Exhibit “E”) and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following representative of Consultant is hereby designated as being the main point of contact of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: ___________. It is expressly understood that the experience, knowledge, education, capability,

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expertise, and reputation of the foregoing representative is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing representative may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator of City, and is subject to change by the City Administrator. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Scope of Services will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

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B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of the Scope of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing the Scope of Services hereunder. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Scope of Services hereunder by Consultant, its agents, representatives, or employees. In the event the City Administrator determines that the Scope of Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Administrator or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Administrator. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy

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during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Administrator prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Administrator may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

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5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Administrator and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Scope of Services performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

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5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Administrator or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Rialto or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Rialto, its officials, employees, and agents are named as an additional insured…” ("as respects City of Rialto Contract No.___" or "for any and all work performed with the City" may be included in this statement). 2. "This General Liability insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Rialto Contract No.___" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Rialto shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant’s sole cost and expense), protect and hold harmless City and its officers, council members, officials, employees,

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agents and volunteers and all other public agencies whose approval of the Project is required, (individually “Indemnified Party”; collectively “Indemnified Parties”) against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively “Claims”), including but not limited to Claims arising from injuries or death of persons (Consultant’s employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant’s negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement (“Indemnified Claims”), but Consultant’s liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys’ fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim “may arise out of, pertain to, or relate to Indemnified Claims” shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys’ fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Scope of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Scope of Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. 8.2 Disputes. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement of the Parties shall be presented to the City Administrator or his authorized representative by the Consultant’s provision of a letter or other writing setting forth the general nature of the dispute, the disputed facts believed to be true by the Consultant, the relevance of those facts to the dispute in question, and a statement that the dispute is being submitted to the City Administrator or his authorized representative pursuant to this Section 8.2 of this Agreement. Upon receipt of any notice of a disputed fact as provided immediately above, the City Administrator or his authorized representative shall set a hearing to be conducted within thirty (30) days and shall direct the head of the department having the most knowledge concerning the dispute to assemble the City’s position with respect to the matters set forth in the notice of dispute. At the hearing, the Consultant and the City Department Head, or their attorneys, shall have the right to call and examine such witnesses as shall have knowledge of the facts relevant to the matter in dispute. All witnesses shall be sworn under oath and the hearing before the City Administrator shall be transcribed by a court reporter. The costs of the court reporter shall be split equally between the Consultant and the City. The hearing before the City Administrator or his authorized representative may be continued from time to time as necessary to elicit all relevant evidence with regard to the disputed fact. Within thirty (30) days of the close of the hearing, the City Administrator or his authorized representative shall

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issue his or her written decision and mail the same to the Consultant. The decision of the City Administrator or his authorized representative shall be conclusive. This Section 8.2 does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this agreement, however, shall be construed as making the final decision of any administrative official representative or board on the question of law. Nothing in this Section 8.2 shall prohibit the City from terminating this Agreement pursuant to Section 3.5 of this Agreement. 8.3 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.4 Default of Consultant. A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default. B. If the City Administrator, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 3.5. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4 B, take over the Scope of Services and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Scope of Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

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8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this

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Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Rialto Attention: City Administrator 150 S. Palm Ave. Rialto, California 92376 Telephone: (909) 820-2689 Facsimile: (909) 820-2527 To Consultant: Attention: Telephone: Facsimile: 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this

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Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE)

Page 17 of 21

IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. CITY OF RIALTO, CALIFORNIA By Deborah Robertson Mayor ATTEST: By Barbara McGee City Clerk APPROVED AS TO FORM: By City Attorney RECOMMENDED: By Robert Eisenbeisz Public Works Director/City Engineer

APPROVED BY THE CITY COUNCIL: Date Agreement No.

Page 18 of 21

CONSULTANT By: Firm/Company Name By:_____________________________________ Signature (notarized)

By:______________________________________ Signature (notarized)

Name:__________________________________

Name:___________________________________

Title:____________________________________

Title:____________________________________

(This Agreement must be signed in the above space by one of the following: Chairman of the Board, President or any Vice President) State of ) County of )ss

This Agreement must be signed in the above space by one of the following: Secretary, Chief Financial Officer or any Assistant Treasurer) State of ) County of )ss

On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Notary Signature:

Notary Signature:

Notary Seal: Notary Seal:

EXHIBIT “A” SCOPE OF SERVICES

Exhibit “A” Page 1 of X

END OF EXHIBIT “A”

EXHIBIT “B” CITY’S REQUEST FOR PROPOSALS

REQUEST FOR PROPOSALS (RFP) #15-XXX PUBLIC FACILITIES MASTER PLANNING AND FINANCIAL FORECASTING SERVICES

FOLLOWS THIS PAGE

EXHIBIT “C” CONSULTANT’S PROPOSAL

CONSULTANT’S PROPOSAL FOLLOWS THIS PAGE

EXHIBIT “D” SCHEDULE OF COMPENSATION

Exhibit “D” Page 1 of X

Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Consultant based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Consultant’s statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. END OF EXHIBIT “D”

EXHIBIT “E” SCHEDULE OF PERFORMANCE

Exhibit “E” Page 1 of 1

City and Consultant hereby mutually agree that the nature of the scope of services associated with this Contract, and the requirement to coordinate and obtain approvals by other agencies, utility companies, and to complete all necessary right of way activities, may cause the term of this contract to exceed initial project schedule estimates. The term of this contract shall automatically extend until such time as required approvals are obtained and all services identified in Exhibit “A” are completed. The Consultant’s initial schedule of performance follows this page and shall be incorporated herein. The schedule shall be adjusted accordingly to revise the project notice to proceed (NTP) date of April 1, 2014, to the actual NTP date indicated in the City’s letter to Consultant following approval of this agreement by the City Council. END OF EXHIBIT “E”

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-852 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/12/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Request Economic Development Committee to Review and Approve the Architectural Designs andConstruction Drawings for either 1) the Construction of an Addition to the Existing DevelopmentServices Building or 2) the Construction of a New Modular Building for the Development ServicesDepartment.

Sponsors:

Indexes:

Code sections:

Attachments: Exhibit AExhibit A (2)Exhibit B

Action ByDate Action ResultVer.

For Economic Development Committee [September 27, 2017]

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Assistant CA/Director of Development Services

FROM: James Caro, Building & Code Enforcement Manager

Request Economic Development Committee to Review and Approve the Architectural Designs andConstruction Drawings for either 1) the Construction of an Addition to the Existing DevelopmentServices Building or 2) the Construction of a New Modular Building for the Development ServicesDepartment.

BACKGROUND:On April 26, 2017, staff presented the architectural design and construction drawings for an additionto the Development Services Department building. The Economic Development Committee reviewedstaff’s proposal and indicated that an addition to the existing building would not support the City’slonger-term facility requirements. The EDC directed staff to create and present options for a modularbuilding across Palm Avenue.

On June 20, 2017, staff presented the architectural design and construction drawings for 1)construction of a modular building and 2) construction of a traditional stick built building. The EDCadvised staff to complete and present a detailed proposal for the modular building option. The EDCindicated that the proposal should include the location, egress, parking, construction costs, andproject completion timeline. The EDC also directed staff to present funding options available tocomplete the project.

Staff delegated the remaining funds from a Professional Services Agreement with Studio Roca, Inc.City of Rialto Printed on 9/22/2017Page 1 of 4

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File #: 17-852, Version: 1

Staff delegated the remaining funds from a Professional Services Agreement with Studio Roca, Inc.to complete the Architectural Design Services and Construction Drawings for the modular building.

ANALYSIS/DISCUSSION :Most recently, Studio Roca adjusted the architectural design and construction drawings to better suitthe needs of the Development Services Department, as well as the requests made by the EDC. Theadjusted design includes 80 linear feet of counter service space, a larger lobby/waiting area, 2 singleaccess public restrooms, 2 multi-access employee restrooms, 5 offices, 32 individual workstations/cubicles, 3 conference rooms and a break room (Exhibit A) .

The City will construct the modular on the northeast corner of First Street and Palm Avenue, on theCity owned vacant lot. Complete construction (modular and parking) will occupy approximately30,000 square feet of space. Egress for the building will be on First Street. The area is currentlyzoned Central Area Specific Plan - Core Commercial, and requires parking at one space for every125 square feet of building.

Estimated Project Cost - Modular

Formal Construction Plan Drawings $38,000

Soils Report/Percolations Test $10,000

Street Improvements/Grading $17,000

Parking Lot Construction (40 spaces) $120,000

Foundation Construction $45,000

Fire Sprinkler Plans/Build $85,000

Modular Construction $595,000

Office Furniture $15,000

Contingency $185,000

Total Cost $1,110,000

Studio Roco’s original proposal for an expansion/addition to the existing Development Servicesbuilding, included an additional 1,359 square feet of space; over 20 linear feet of counter servicespace, an additional 144 square feet of lobby space, 2 additional single access employee restrooms,3 offices, 11 individual work stations and 1 additional conference room (Exhibit B ).

Estimated Project Cost - Addition

Construction Office Furniture Contingency Fund

$570,000 $15,000 $57,000

Total Cost $627,000

Each of the concepts designate a cashier, information desk as well as an self-service kiosk, equippedwith an internet connected computer, to serve as a resource to the community and developers forproject inquiries.

City of Rialto Printed on 9/22/2017Page 2 of 4powered by Legistar™

File #: 17-852, Version: 1

Existing Addition Modular

Square Footage 4,000 5,400 6,000

Counter Space 30 Linear Feet 52 Linear Feet 80 Linear Feet

Public Restrooms None 2-Single Access 2-Single Access

Employee Restroom 2-Single Access 4-Single-Use 2-Multi-Use

Offices 5 8 5

Work Stations 21 32 34

Conference Room 1 2 3

Staff anticipates the following timeline for the construction of a new modular building:

Project Time Line - Modular

Action: Completed by:

Plans Submittal October 2017

Plan Check Approx. 1-2 months from submittal

Request for Proposals December 2017

Review/Selection January/February 2018

Construction Start February/March 2018

Construction Completion August 2018

Staff anticipates the following timeline for the construction of an addition to the existing DevelopmentServices building:

Project Time Line - Addition

Action: Completed by:

Plans Submittal October 2017

Plan Check Approx. 1-2 months from submittal

Request for Proposals December 2017

Review/Selection December 2017/January 2018

Construction Start January/February 2018

Construction Completion June 2018

FINANCIAL IMPACT:As of June 30, 2017, the General Facilities Development Impact Fund account holds approximately$1,170,000 with no significant encumbrances. Proposed projects include the Development Servicesremodel (costs identified above) and the community center at the proposed Fire Station 205 location(approximately $1,500,000). Currently, there is insufficient fund balance to pay for both projects.However, staff anticipates that upcoming development will generate sufficient fees to pay for bothprojects within the next 5 years, and the City could structure a bridge loan from another fundingsource to allow immediate construction on both projects.

At the June 20, 2017 EDC meeting, staff stated that development impact fees could fund either theCity of Rialto Printed on 9/22/2017Page 3 of 4

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File #: 17-852, Version: 1

At the June 20, 2017 EDC meeting, staff stated that development impact fees could fund either thebuilding expansion or the new modular building. California law allows the City to use developmentimpact fees for new or expanded capital facilities that accommodate growth, but not for existingdeficiencies in the City’s infrastructure. The expansion of the Development Services building ispredominantly attributable to growth in demand and development impact fees can fund 100% of thecost. However, because a new modular building replaces a portion of the existing building (4,000square feet), generally development impact fees can only fund the incremental square footage (2,000square feet). Consequently, development of the new modular would require funding from anothersource for say 2/3 of the cost (or $740,000) with impact fees picking up the other 1/3 ($370,000).There is no identified source of funding for this existing deficiency.

The City might find that perhaps 50% of the cost of the new facility is growth related because ofservice and space efficiencies, but this would still leave a sizable funding gap of $555,000. The Citydid not budget any general fund capital outlay for FY 18, and this would require a reserve allocationor identification of an alternative funding source.

RECOMMENDATION:Staff recommends that the Economic Development Committee review and discuss the designoptions, costs, and funding scenarios.

City of Rialto Printed on 9/22/2017Page 4 of 4powered by Legistar™

BUILDING AND SAFETY

CONFERENCEROOM 1

17' - 0"

21' -

8"

BREAK ROOM / KITCHEN

PLANNING

48"X

30"

CLE

AR48

"X30

"C

LEAR

SITE

JANITOR ROOM

SUPPLY ROOM

CASHIER

INFO

CO

PIER

ISSUED PLANS

CO

PIER

ISSUED PLANS

4' -

0"

4' -

0"

CONFERENCEROOM 3

CONFERENCEROOM 2

ELEC

TRIC

RO

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108' - 0"

60' -

0"

12' -

9"

12' -

9"

13' - 9 1/2"

15' - 8"

12' -

7"

12' - 6"12' - 0"

12' -

9"

17' -

11"

24' - 0"

12' - 6"12' - 0"

12' -

9"

18' -

11"

22' -

2"

18' -

11"

48"X30"CLEAR

48"X30"CLEAR

17' - 11"

A.C.

E.P.

A.C.

E.P.

A.C.

E.P.

A.C.

E.P.

A.C.

E.P.

A.C.

E.P.

A.C.

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A.C.

E.P.

A.C.

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HITCHHITCHHITCHHITCHHITCHHITCH HITCHHITCH HITCH

7' - 0"12' - 3"

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WRITTEN DIMENSIONS OF THESE DRAWINGSSHALL TAKE PRECEDENCE OVER SCALEDDIMENSIONS, CONTRACTORS SHALL VERIFY ANDBE RESPONSIBLE FOR ALL DIMENSIONS ANDCONDITIONS SHOWN BY THESE DRAWINGS.

THESE DRAWINGS AND LAYOUTS ARE NOT TO BEREPRODUCED OR COPIED IN ANY FORM WITHOUTTHE WRITTEN PERMISSION OF RICHARD ORTIZ.

PROJECT DESIGNER

3/16" = 1'-0"

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CONFERENCEROOM 1

20' - 11"

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48"X30"CLEAR

SITE

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CAS

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24' -

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CONFERENCEROOM 2

BREAK ROOM / KITCHEN

STORAGE

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HITCH HITCHHITCHHITCHHITCHHITCH HITCHHITCH HITCH

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60' -

0"

14' -

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20' -

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12' -

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13' - 3"28' - 8"13' - 4 1/2"39' - 5 1/2"13' - 3"

18' -

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THESE DRAWINGS AND LAYOUTS ARE NOT TO BEREPRODUCED OR COPIED IN ANY FORM WITHOUTTHE WRITTEN PERMISSION OF RICHARD ORTIZ.

PROJECT DESIGNER

3/16" = 1'-0"

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(E) CONCRETE WALKWAY

(E) CONCRETEWALKWAY

A4.0 1

A4.0

3

A4.0

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(N) OFFICE 3119

(E) PLANS STORAGE108

(E) OFFICE TO BECONVERTED INTO

CONFERENCE ROOM107

(E) OFFICE114

(E) OFFICE109(E) OFFICE

110

(E) CONFERENCEROOM TO BE

CHANGED INTOOFFICE

104

(E) EQUIPMENTROOM103

(E) BREAK ROOM/KITCHEN

102

(E) OFFICE112

(E) OFFICE111

(N) OFFICE 1115

(N) WORK STATIONAREA120

9' - 4 1/2"14' - 0" 10' - 0"

5' -

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(N)18" DEEP COUNTER AREA

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PRINTERMACHINE

81' - 0"34' - 7"

(N) CONCRETEAREA

3' -

6"

(E) HALLWAY100

(E) WOMENRESTROOM

106(E) MEN RESTROOM

105

NEW 20' LONG COUNTER AREA

0' - 9 1/2"

NEW 24' LONG COUNTER AREA

3' -

7"

5' -

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NEW PUBLIC COUNTER - REMODEL AREA

EXISTING BUILDINGPROPOSED NEW EXTENSION

EXISTING BUILDINGPROPOSED NEWEXTENSION

PUBLIC SELFSERVE DESK

(52 LINEAR FEET COUNTER WITH PUBLIC INFORMATION AND CASHIER STATIONS )

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PERMIT FILES 2'W X 6' L

CASHIERDESK

(45" wide)

EXISTING DOOR TO BEREPLACED BY A 36"X48" FIX

WINDOW FRAME WINDOWOPENING & FINISHED TO MATCH

EXISTING MATERIALS

ED3

ND11

ED11

ED10

ED9ED8

ED6ED7

ND4

ND3

ND2

ND7 ND6ND8

ND12

(E) 4' HIGH BLOCKWALL TO BEEXTENDED TO 7' HIGH

(N) 8' HIGH BLOCK WALL

INFODESK

(45" wide)

ND1

2X4COUNTER

(N)1

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7' - 4"

E16 E15 E8E9E10E11

E7E6E5E4E1 E2 E3

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N7

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N10

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(N) LOBBY116(N) OFFICE 2

118

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(N) CONFERENCEROOM117

ED5 ED4

ED1 ED2

BA6.0

(E) CONCRETEAREA

CA6.0

AA6.0

6' - 0"

2' - 7"

N13

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CU

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EXISTING OPENING TO BEREPLACED BY A 36"X48" FIXWINDOW FRAME WINDOWOPENING & FINISHED TOMATCH EXISTING MATERIALS

EXISTINGRELOCATEDWINDOWEXISTING OPENING TO BE

FRAMED & FINISHED TO MATCHEXISTING MATERIALS

NEW FRAMEOPENING FORNEW DOOR

NEW WALL FRAMING

48"X

30"

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10' - 11"

13' -

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(N) MENRESTROOM

121

(WOMENRESTROOM)

122'

7' -

1"7'

- 1"

4' -

0"

CAB

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EXISTING EXTERIOR BLOCK WALL TO REMAIN(BEARING WALL)

PROPOSED NEW 2X4" STUDS @16" O.C. W/GYPSUM BOARD EA SIDE UP TO CEILING

EXISTING NON-BEARING INTERIOR WALL TO REMAIN

WALL LEGEND

PROPOSED 2X6 @ 16" O.C. WITH EXTERIOR SIDINGFINISH (BEARING WALL)

EXISTING 2X4 STUDS WITH EXTERIOR SIDING FINISH.EXTERIOR NON-BEARING WALL TO REMAIN

PROPOSED 2X6 @ 16" O.C. INTERIOR (BEARING WALL)WITH 1" AIR GAP BETWEEN NEW AND EXISTING

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THESE DRAWINGS AND LAYOUTS ARE NOT TO BEREPRODUCED OR COPIED IN ANY FORM WITHOUTTHE WRITTEN PERMISSION OF RICHARD ORTIZ.

PROJECT DESIGNER

As indicated

8/10/2017 7:57:10 PM

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1/4" = 1'-0"1 FLOOR PLAN

RIALTO CITY HALL - PROPOSED FLOOR PLAN

N

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-879 Name:

Status:Type: Resolution Agenda Ready

File created: In control:9/20/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Request the Economic Development Committee to Provide Direction on Street Light MaintenanceServices for City-Owned Street Lights.

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

For Economic Development Committee [September 27, 2017]

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Asst. CA/Director of Dev. Svs.

FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer

Request the Economic Development Committee to Provide Direction on Street Light MaintenanceServices for City-Owned Street Lights.

BACKGROUND:On July 26, 2016, the City Council approved the purchase agreement with Southern CaliforniaEdison (SCE) for $2,112,709 to purchase eligible public street lights. On March 29, 2017, theCalifornia Public Utilities Commission (CPUC) approved the sale agreement.

On May 9, 2017, the City Council approved an agreement with Siemens Industry Inc., (Siemens) forthe asset transfer of the streetlights from SCE, and to retrofit the existing light fixtures to LightEmitting Diode fixtures (LED) at a total combined cost of $1,414,492.

The City estimates that the acquisition of the streetlights and the LED conversion of the fixtures willyield an annual savings of $314,573. The City expects the annual energy cost to reduce by $82,944and the annual maintenance cost to reduce by $231,629. The estimated savings made theacquisition and LED conversion project financially viable since the estimated savings will recovercosts over the next 9.2 years, commensurate with the approved project financing.

ANALYSIS/DISCUSSION :The acquisition of approximately 3,800 streetlights will require the City to maintain the lights uponcompletion of the acquisition process. The LED conversion of the fixtures provides an additionalsignificant savings opportunity since the new fixtures will be under warranty, resulting in furtherreduced maintenance costs. The first year will be a transition period, which will set the course ofCity of Rialto Printed on 9/22/2017Page 1 of 3

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File #: 17-879, Version: 1

reduced maintenance costs. The first year will be a transition period, which will set the course ofaction for a long-term contract.

In May 2017, staff requested pricing for street light maintenance services from St. Francis Electric,the City’s current traffic signal maintenance company, and Siemens, the City’s approved Contractorfor the street light transfer and LED conversion project.

The following pricing was received:

VENDOR PRICESt. Frances Electric $124,800Siemens Industry, Inc. $ 71,136

Siemens provided the most competitive pricing for these maintenance services. Since Siemens willbe performing the street light conversion project, they are likely in a position to provide morecompetitive pricing to perform interim street light maintenance services. For example, should a city-owned high-pressure sodium vapor light fail, rather than paying the costs to repair or replace the oldstyle light, Siemens would be responsible for installing a new LED fixture, thus saving the Cityreplacement costs on the old style light that would have ultimately been replaced by the conversionproject.

Siemens, as part of their proposed maintenance agreement, will provide an online and telephonicstreet light outage reporting system. This will include, via the acquisition/conversion contract, anidentifying number tag attached to each light pole (similar to the existing SCE tag). The citizens ofRialto will be notified of this new system via Social Media, mailers, and an insert in the RialtoProgress Magazine (See Attachment 3 ).

The agreement is based on the number of city-owned street lights and the monthly rates for streetlight maintenance provided by Siemens. A copy of the proposal from Siemens (Attachment 1) isincluded. Fixtures that are under warranty will not be included; however, any other relatedmaintenance work that is not covered by the warranty will be provided under the contract.

An alternative option is to move forward with a Purchase Order issued to Siemens in the amount of$15,000 to provide services on an as-needed and on-call basis. This option would rely on thewarranty for the LED conversion project if problems arise. If other problems are detected that areoutside of the warranty provisions, Siemens will invoice the City for services provided on a time andmaterials basis. This option would not include the 24-hour support through the online and/ortelephonic reporting system, requiring City staff to direct service requests to the vendor as soon aspossible, which could be the next business day if the report is made after-hours.

FINANCIAL IMPACT:Funding for the annual contract option is budgeted and available up to the proposed amounts in theaccounts listed below:

· Landscaping and Lighting District No. 2, Fund Account No. 224-500-7670-2011 in the amountof $11,000, and

· Lighting District No. 1, Fund Account No. 490-500-4860-2011 in the amount of $86,000.

The total cost of the proposed annual contract is $71,136 with $25,000 additional budgeted for extraCity of Rialto Printed on 9/22/2017Page 2 of 3

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File #: 17-879, Version: 1

The total cost of the proposed annual contract is $71,136 with $25,000 additional budgeted for extraordinary work above the basic maintenance agreement (i.e.: light pole knockdowns, wiring repairs,etc.) totaling $96,136. This agreement includes maintenance services to all 3,800 City street lightsprior to and after completion of the LED conversion project. Once the conversion project has beencompleted, the retrofitted light fixtures will be under a parts and labor warranty with Siemens for one(1) year should any failures occur.

RECOMMENDATION:Staff is requesting the Economic Development Committee provide direction for this service. Amongthe options are:

· Direct staff to present the contract for a one (1) year Contract Services Agreement withSiemens Industry, Inc., for street light maintenance services in the amount of $96,136 for fiscalyear 2017/2018 and recommend City Council approval.

· Issue a Purchase Order in the Amount of $15,000 to Siemens Industry to provide street lightmaintenance services on an as-needed basis. This Purchase Order would be within staffauthorization amounts and would not be presented to the City Council for approval but wouldbe brought before the Council in the event the costs for services needed to exceed thatamount.

City of Rialto Printed on 9/22/2017Page 3 of 3powered by Legistar™

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-855 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/13/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Request the EDC to Provide Direction to City of Rialto/Rialto Utility Authority Staff on Negotiating anEnergy Services Contract with Comfort Mechanical Enterprises, Inc., and Associated ProjectFinancing for the Wastewater Treatment Plant kVAR Energy Recovery Project.

Sponsors: Susanne Wilcox

Indexes:

Code sections:

Attachments: PresentationAttachment 1 - Letter of IntentAttachment 2 - Energy Survey

Action ByDate Action ResultVer.

For Economic Development Committee [September 27, 2017]

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Asst. CA/Director of Development Services.

FROM: Thomas J. Crowley, Utilities Manager

Request the EDC to Provide Direction to City of Rialto/Rialto Utility Authority Staff on Negotiating anEnergy Services Contract with Comfort Mechanical Enterprises, Inc., and Associated ProjectFinancing for the Wastewater Treatment Plant kVAR Energy Recovery Project.

BACKGROUND:The Power House Energy Saver is a patented product created nearly ten years ago. The PowerHouse has been installed in several facilities along the East Coast and Central United States and theTennessee Valley Authority has included the Power House Energy Saver in its Preferred ProductsNetwork. Locally it is installed at a Stater Bros. in the City of Fontana. A letter of Intent from ComfortMechanical Enterprises, Inc. (CME) is included as Attachment 1 .

ANALYSIS/DISCUSSION :The City’s Wastewater Treatment Plant has outdated and aging electrical equipment. This outdatedand aging equipment uses a lot of energy and is costly to run. CME, at the request of plantoperators, conducted an energy survey of the WWTP’s energy usage and determined deficiencies inthe system. A copy of the energy survey is included as Attachment 2 .

Based on the survey results, CME recommends installation of two (2) Powerhouse Energy Saversmart capacitor units. CME believes installation of their Power House units will improve the

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File #: 17-855, Version: 1

smart capacitor units. CME believes installation of their Power House units will improve theefficiency of the entire electrical system and will help the City achieve energy savings.

CME expects the WWTP could save 965,172 KW’s annually and reduce equipment maintenancecosts over their life cycle and reports this KW savings is equivalent to 678 metric tons of greenhouseemissions.

The Power House is able to provide actual energy savings by capturing lost power, storing it and thenfeeding it back into WWTP electrical system.

In order to accomplish this, The Powerhouse adds capacitance (stored charge) via a series ofcapacitors. This enables the unit to capture the power commonly lost to ground, store it, and put itback into the system, evenly across all phases, as it is needed.

With this process, the Power House is expected to:· Greatly reduces low voltage issues· Elevates voltage of the entire system· Stabilizes voltage of the complete system· Reduces voltage drops when demand increases.· Reduces tripped breakers (as a result of low voltage or power spikes)· Lowers kilowatt hours

In addition, by capturing and balancing the energy, the Power House insures that the equipment isrunning at its optimum voltages, which is expected to result in less mechanical problems and lowermaintenance costs, thus, increasing the life of the equipment.

CME’s is currently licensed by the California State Contractor’s License Aboard as number 608875with the following classifications:

· C-2 Insulation and Acoustical· C20 Warm-air Heating, Ventilating and Air Conditioning· C38 Refrigeration.

For this project, they propose to utilize a licensed electrician to install all breakers and wiring as wellas to verify the installation before connection to the facility.

FINANCIAL IMPACT:The project is estimated to cost $351,000. CME reports an estimated first year savings of $96,909with a life cycle savings of $2,252,975.

CME proposed the following payment terms:· 35% ($122,850) at the contract signing.· 35% ($122,850) at the completion of the pre-install work and plan.· 30% ($105,300) at the completion and acceptance.

CME also proposes to have the City/RUA fund improvements through a financing deal with privateplacement loans. CME suggests the financing deal be with Noesis Finance in association withparticipating banking institution partners.

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File #: 17-855, Version: 1

RECOMMENDATION:Staff requests that the Economic Development Committee provide direction to City/Rialto UtilitiesAuthority staff regarding:

· Negotiating an Agreement with Comfort Mechanical Enterprises, Inc. for the installation of two (2)Powerhouse Energy Saver smart capacitor units at the Wastewater Treatment Plant.

· Negotiating an Agreement for a lease or a facility-financing contract to fund the installation oftwo (2) Powerhouse Energy Saver smart capacitor units at the Wastewater Treatment Plant.

· Presenting the final Agreements and project to the Rialto City Council/Rialto Utility Authority forapproval.

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POWER HOUSE ENERGY SAVER

City of Rialto

Waste Water Treatment Facility

August 30, 2017

Saving you 10% to 20%

Get the Power you pay For

California State License #608875

You are paying for power lost to ground

Power In

Apparent Power

Meter

Real Power

Actually used

Lost to GroundReactive Power

Power lost to ground is called kVAR

Waste

Water

Plant

(kWh) (kVA)

Power House Captures Energy Lost to Ground

Power In

Apparent Power

Meter Power

House

Real Power

Actually used

(Conditioned)

Reactive Power

Waste

Water

Plant

(kWh) (kVA)

(kVAR)

No Cost Energy Survey

Interview with Operators

Historical review of energy usage

Industry Standard Dent data loggers

Site inspection

Energy Survey Results

Poor Harmonics on incoming power

Observations

2016 Annual cost of $644,421

2016 Billed for 6,434,480 kWh

Average cost per kWh .10

Low Power Factor on both panels

Historical Trends/Patterns

Comparison of energy use between 2015 and 2016

Energy Survey Recommendation

Power House Energy Saver

Annual Savings $96,909

Conditions incoming Power

Life Cycle Savings $2,252,975

3.6 Year pay back

Increases Power Factor

No Maintenance Required

Clean power to pumps & motors

Save 678 Metric tons of greenhouse emissions

Thank You

Get the Power you pay For

California State License #608875

COMFORT MENCHANICAL ENTERPRISES, INC. CALIFORNIA STATE LICENSE #608875

August 1, 2017

17-855 - Attachment 2 - Energy Survey

Veolia Wastewater Treatment - Rialto

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17-855 - ATTACHMENT 2 - ENERGY

SURVEY

Introduction We would like to thank you for the opportunity to visit the Veolia Wastewater facility to gain an insight into the energy efficiency challenges facing wastewater treatment facilities. The facility employees have been most gracious to our team by scheduling site visits and escorting our engineers over the entire complex. I would like to thank your team for their time and professionalism. Their knowledge and assistance was most helpful to our engineers.

This document summarizes the results of our visit and establishes the scope of our data collection efforts and provides technical information related to the analysis of the energy usage at this facility as well as recommended product information.

When considering energy usage at any facility the most logical starting point is to become as energy efficient as possible so as to reduce any associated cost related to renewable energy generating projects (i.e., solar, wind, geothermal). Therefore, this report is limited in scope to address the recommended starting point in an overall energy conservation program for this facility.

As you are fully aware, every facility is different and there are many factors (especially weather in our area) related to energy use that require a custom solution. Therefore, this energy survey is based on a historical review of the utility bills to establish peaks and patterns, on-site visits, and the installation of industry standard Dent energy monitors on the individual main electrical panels.

Background On February 10th engineers placed industry standard Dent energy monitors on the two main electrical panels serving the wastewater treatment plant. One main panel is located inside and one is located outside. The monitors recorded energy use at one (1) minute intervals until February 17th. Historical utility bills for the past three (3) years were reviewed for peak loads and patterns. Our engineers conducted several site visits as well to gain an insight to the various equipment and other electrical devices being used at this facility. Observations The historical energy bills received indicate the following:

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2014 kWh usage was 7,014,116 2015 kWh usage was 6,375,488 at a cost of $735,850.31 2016 kWh usage was 6,456,340 at a cost of $644,421.09

Average cost for 2016 was .10 per kWh

The chart below illustrates kWh usage increase 9 months in 2016 over 2015 with peak

months in the last quarter of the year in 2016.

The chart also indicates abnormal high usage in January 2015 Comparison of energy use between 2015 and 2016

After installing certified Dent data loggers onto the electrical panels from Friday, February 10, 2017 through Friday, February 17, 2016, we have noted that the largest energy consumption is being used on Thursday, February 16, 017.

0

100,000

200,000

300,000

400,000

500,000

600,000

700,000

2016 kWh

2015 kWh

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The following are observations from the Dent data loggers on the two (2) main electrical panels XC1611076-01 logger (12701) Plant 1-4 Located Outside averages (1 minute intervals)

o 285.5943 volts 724.9148 Amps, 574.6583 KW, 621.0457 KVA, Power Factor .926721, KVAR 231.8518

o The lowest KVAR noted was 193.165 and the highest KVAR noted was 278.476 o The lowest Amp noted was 366.269 and the highest Amps noted were 937.193 o The lowest Power Factor noted was .77 and the highest Power Factor noted was .95 o The lowest KVA noted was 308.151 and the highest was 799.325

XC1611077-01 logger Plant 5 Located inside averages (I minute intervals)

o 280.0718 volts 281.933 Amps, 199.85 KW, 236.8638 KVA, Power Factor .852269, o KVAR 122.0068 o The lowest KVAR noted was 99.649 and the highest KVAR noted was 155.531 o The lowest Amp noted was 239.287 and the highest Amps noted were 391.994 o The lowest Power Factor noted was .82 and the highest Power Factor noted was .89 o The lowest KVA noted was 201.06 and the highest was 327.419

Recommendation Harmonic voltages and currents in an electric power system are a result of nonlinear electric loads. Harmonic frequencies in the power grid are a frequent cause of power quality problems. Harmonics in power systems result in increased heating in the equipment and conductors, misfiring in variable speed drives, and torque pulsations in motors. Reduction of harmonics is considered desirable. In a normal alternating current power system, the current varies sinusoidal at a specific frequency, usually 50 or 60 hertz. When a linear electrical load is connected to the system, it draws a sinusoidal current at the same frequency as the voltage (though usually not in phase with the voltage). Current harmonics are caused by non-linear loads. When a non-linear load, such as a rectifier, is connected to the system, it draws a current that is not necessarily sinusoidal. The current waveform can become quite complex, depending on the type of load and its interaction with other components of the system. Regardless of how complex the current waveform becomes, as described through Fourier series analysis, it is possible to deconstruct it into a series of simple sinusoids, which start at the power system fundamental frequency and occur at integer multiples of the fundamental frequency. Overall, our analysis indicates low power factors on the two (2) main electrical panels that feed the entire complex. We highly recommend the addition of reactors at your location as well as the

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installation of a patented Power House system that captures wasted energy, increases the power factor, and lowers the KVA (see product information previously provided). Since you cannot manage what you cannot measure, this recommendation includes the installation of an energy monitoring system (EMS).

It is expected this facility could save 965,172 KW’s annually and reduce equipment maintenance costs over their life cycle. This KW savings is equivalent to 678 metric tons of greenhouse emissions.

Scope of Work The project would include installation of two (2) Power House units, and the Energy Monitoring System (EMS) to be installed as follows:

1. MCC 5- Switchable 480 is an interior location within the electrical room. A breaker switch would be installed in the main panel and the Power House unit will connect to this breaker switch for ease of operation. Mounting includes securing panels in a manner to meet or exceed all building codes and requirements.

2. MCC 4-Switchable 480 would be located near the exterior main electrical panel. A breaker switch would be installed in the main panel and the Power House will connect to this breaker switch for ease of operation. This exterior unit will require a new concrete pad and anchors for securing the Power House.

3. The Energy Monitoring System (EMS) requires 110 volt, 2 outlet junction box, and an Ethernet outlet located near each of the main electrical panels. A wireless network option is available if the facility declines to use their network for the EMS.

4. An Electrician would install all needed breakers into existing main panels and will use manufacturer sized wires to feed the Power House units to meets or exceeds all codes.

5. A certified Power House Electrician will inspect and certify the installation prior to activating the Power House equipment

Project Phases The recommended work associated with this recommendation would be achieved in a series of phases as described below.

1. Phase 1 - Pre-Install Meeting

Includes Coordination meeting with Owner Rep, IT network personnel, Builder and/or Engineer. Pull appropriate permits if required and determine the specific locations of the units and the concrete pad. At this pre-install meeting a determination will be made regarding the EMS network requirements, security, and whether to use the client existing network or an optional custom wireless network.

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In most cases, the installation of the breaker switch used for the Power House maybe installed without cutting power to the facility. However, for safety sake, it may be necessary to temporarily kill power for a short period of time. A determination regarding this issue will be discussed and determined at the pre-install meeting.

2. Phase 2 - EMS Installation and Specific equipment sizing Installation of the electrical outlets (and Ethernet cabling, if required) for the networking equipment of the web based EMS system. A licensed Electrician will install in the existing two (2) main electrical panels the necessary CTs for the EMS. The EMS software and remote accounts will be configured and data logging activated. This phase also includes the specific equipment sizing and ordering process.

3. Phase 3 - Pre-install Construction

This phase involves the construction of a concrete pad and anchors for the exterior unit and installation of new breakers, circuits, and wiring in the main electrical panels (per manufacturer’s recommendations) by a licensed electrician.

4. Phase 4 – Installation and Certification Installation of the two (2) Power House units at the locations defined and prepared. A certified Power House Electrician will inspect and certify all work prior to activation.

5. Phase 5 - Optimization This phase of the project will configure the EMS and adjust the Power House units for optimum performance.

6. Phase 6 – Operational Training The last phase of the project is to offer operational, on-site training to employees on the use of the EMS and Power House Units.

Time Frames All work will be scheduled in coordination with the facility manager and contingent upon receiving necessary information in a timely manner.

We estimate pre-installation work to order equipment, install necessary breakers and outlets, build a concrete pad for the outside unit, and install the EMS system will take approximately one (1) week. Once the Power House equipment have been delivered, it is estimated to take one (1) week to install the two (2) Power House units and to run tests, optimize configuration, and training on-site personnel. Additional Information

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All electrical energy coming into a facility is known as Apparent Power, and the power we actually use is defined as Real Power. Even though you pay for it, a portion of the power entering your electrical system is lost to ground and never consumed. This is referred to as Reactive Power. The ultimate goal is to bring these two factors, Apparent Power and Real Power, closer together. The POWERHOUSE is able to accomplish this by capturing this lost voltage, store it and feed it back into your electrical system.

In order to accomplish this, The POWERHOUSE adds capacitance via a series of capacitors. This enables the unit to capture the Reactive Power, commonly lost to ground, store it, and put it back into the system, evenly across all phases, as it is needed resulting in a significantly improved power factor.

What is Power Factor?

Simply put, Power Factor is a measure of electrical system’s efficiency.

The apparent or total electrical power (Kilo Volt Amperes or kVA) used in an electrical system by an industrial or commercial facility has two components:

Productive Power (Kilowatts or kW) which produces work.

Reactive Power (Kilo Volt Amperes Reactive or kVAR) which generates the magnetic fields required in inductive electrical equipment (AC motors, transformers, inductive furnaces, ovens, etc.)

Reactive Power (kVAR) produces no productive work. Because the inductive electrical equipment employing magnetic fields requires this Reactive Power, which produces no productive work, the Total Power (kVA) provided by the generating source (your utility) must always be greater than the Productive Power (kW).

The ratio of Productive Power (kW) to Total Power (kVA) is called the Power Factor (PF = kW / kVA). It is a measure of the systems electrical efficiency in an alternating current circuit and is represented as a % or a decimal.

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The relationship between kVA, kW and kVAR is non-linear and is expressed:

kVA2 = kW2 + kVAR2

In almost all industrial facilities where Demand charges apply, utility companies charge a penalty for poor power factor. Poor power factor is most often corrected through the use to Power Factor Correction banks.

Questions

If there are any questions regarding this energy survey or the results or recommendations, please feel free to call or contact:

Wayne Jones

wjones@cmeincorporated.com

254-459-2929-C

909-946-7180-O

Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-882 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/20/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Recommendations and Approval of Remote Payment Center Service Provider for Utility Payments

Sponsors: Susanne Wilcox

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

For Economic Development Committee [September 27, 2017]

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Asst. CA/Director of Dev. Svs.

FROM: Thomas J. Crowley, P.E., Utilities Manager

Recommendations and Approval of Remote Payment Center Service Provider for Utility Payments

BACKGROUND:RWS/Veolia customer service department is proposing to implement a new payment program by enteringinto an agreement with a company named PayNearMe. Once implemented, customers will have theability to go to any 7 Eleven, CVS, and Family Dollar (Option 1) or Walmart, Cardenas, and Superior(Option 2) to pay their utility bills.

ANALYSIS/DISCUSSION :With the service, any money received for utility payments will be deposited directly into the City’s accounton a daily basis and then transferred to the appropriate Rialto Water Services/Veolia (RWS/Veolia)account the next day. This will benefit the customer because of increased convenience as they can nowpay their bill after normal business hours or on weekends at many locations in or outside the City limits.

RWS/Veolia has carefully reviewed the most popular remote cash payment service providers.Considering customer satisfaction, convenience, fees, locations, available hours and likelihood forpotential complaints. RWS/Veolia recommends PayNearMe to be the vendor for the City's remotecash payment processor.

PayNearMe CheckFreePayPayment Type Cash CashLocations (sample)

7-Eleven,CVS,FamilyDollar (nationwide)

Walmart,Cardenas,Superior(nationwide)

Hours 24-hours(limitedtostorehours)

Limitedto customerservicecounter hours. (typicallycloses between 8-10pm)Same Day - $4.99Next Day - $2.50 (typical)2-3 Days - $1.75

ProcessCustomerpresentsthebill containingbarcodeto checkoutclerkwithother purchases.

Customerfills out formselectingpayee, accountnumber,amountandtypeofdelivery (number of days)

Other

West Valley Waterdistrict is rolling outPayNearMe, whichallowscustomerswhoreceive water fromWVWDto pay sewerfeestoRWSatthesametime.

In instanceswherecustomerselects2-3 businessdaydelivery, turn-off ordisconnect may occurbetween payment anddelivery of payment.

Fees: Next Day - $1.99

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File #: 17-882, Version: 1

PayNearMe CheckFreePayPayment Type Cash CashLocations (sample)

7-Eleven,CVS,FamilyDollar (nationwide)

Walmart,Cardenas,Superior(nationwide)

Hours 24-hours(limitedtostorehours)

Limitedto customerservicecounter hours. (typicallycloses between 8-10pm)Same Day - $4.99Next Day - $2.50 (typical)2-3 Days - $1.75

ProcessCustomerpresentsthebill containingbarcodeto checkoutclerkwithother purchases.

Customerfills out formselectingpayee, accountnumber,amountandtypeofdelivery (number of days)

Other

West Valley Waterdistrict is rolling outPayNearMe, whichallowscustomerswhoreceive water fromWVWDto pay sewerfeestoRWSatthesametime.

In instanceswherecustomerselects2-3 businessdaydelivery, turn-off ordisconnect may occurbetween payment anddelivery of payment.

Fees: Next Day - $1.99

The typical adoption rate is approximately 30%, which translates into 650 remote cash payments permonth for the City of Rialto. One consideration is, if multiple options are selected it will directly limitthe City's negotiating power and may confuse customers because each vendor has a differentprocess, costs, and service level payment processing turn-around time.

If approved, RWS and City/Rialto Utility Authority staff will:· Notify customers of the new service through messages on their utility bills and through social

media.· Change greetings on the customer service phone system.· Provide notices and flyers at the City and Customer Service Center.

FINANCIAL IMPACT:The proposed action is not expected to have a financial impact on the City/Rialto Utility Authority.

RECOMMENDATION:Staff is requesting the Economic Development Committee provide recommendations and approval ofRemote Payment Center Service Provider for Utility Payments.

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Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-883 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/20/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Provide Recommendations and Approve Change in Rialto Water Service/Veolia Customer ServiceHours

Sponsors: Susanne Wilcox

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

For Economic Development Committee [September 27, 2017]

TO: Honorable Economic Development Committee Members

APPROVAL: Robb R. Steel, Asst. CA/Director of Dev. Svs.

FROM: Thomas J. Crowley, P.E., Utilities Manager

Provide Recommendations and Approve Change in Rialto Water Service/Veolia Customer ServiceHours

BACKGROUND:The Rialto Water Services/Veolia (RWS/Veolia) Customer Service Department is proposing a lateropening time on Thursday of each week. The intent of the late opening time is to allow time for customerservice training, staff meetings and work on special projects.

ANALYSIS/DISCUSSION :Since the inception of the Concession Agreement, the need to provide training and program updates totheCustomerServiceAgentshasbecome increasinglymore important. Currently training isprovidedonaone-on-one basis as time allows and results in inconsistencies in the manner some issues are handledand information that is provided to customers.

RWS/Veoliahasevaluatedcurrentworkflow,callvolumeandcounter transactionsoverafour-weekperiodand based on their evaluation, believe opening later on Thursday mornings would have the least impact tocustomers.

The following charts illustrate the statistics that RWS/Veolia evaluated.

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File #: 17-883, Version: 1

Customer Service Workload Volumes

The following chart shows the average daily call volume for inbound calls. As shown in the chart,Thursday is the lowest day for calls to customer service.

The chart below illustrates the lowest average phone and counter transactions typically occurs onThursdays.

Reviewing the average number of payments processed during a random 4-week period, Thursday

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File #: 17-883, Version: 1

shows the lowest number of transactions.

And finally, the Average Wait Time by Day of Week and Time of Day follows:

RWS/Veolia believes the revised customer service hours will enable them to provide better customerservice through improved training with the least impact to customers would be on Thursdays between8:00 AM and 9:00 AM.

If approved and prior to implementing the new business hours for our customers, RWS/Veolia willtake the following actions:

· Notify customers by messages on monthly utility bills.· Change outgoing phone greetings and modify the system to support the new hours.· Review and update all printed documents.· Review and update all online references to old business hour.

FINANCIAL IMPACT:The proposed action is not expected to have a financial impact to the City or the Rialto Utility

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File #: 17-883, Version: 1

Authority.

RECOMMENDATION:Staff recommends the Economic Development Committee provide recommendations and approvethe proposed change in opening hours for the Customer Service Department.

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Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-899 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: ICSC Convention (October 3-4)

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

ICSC Convention (October 3-4)

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Council Chambers150 S. Palm Ave.Rialto, CA 92376

City of Rialto

Legislation Details (With Text)

File #: Version: 117-900 Name:

Status:Type: Agenda Item Agenda Ready

File created: In control:9/21/2017 Economic Development Committee

On agenda: Final action:9/27/2017

Title: Community Meeting for 15 Acre Site

Sponsors:

Indexes:

Code sections:

Attachments:

Action ByDate Action ResultVer.

Community Meeting for 15 Acre Site

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