46700.00100\33865500.1

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REQUEST FOR PROPOSALS

FOR

CITY OF ONTARIO

FOR

ENGINEERING DESIGN SERVICES FOR ARCHIBALD AVENUE AT-GRADE RAILWAY

CROSSING SAFETY IMPROVEMENTS

Federal Project No. STPLR-7500(311)

CITY OF ONTARIO

303 East “B” Street

Ontario, CA 91764-4196

Telephone: (909) 395-2012

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NOTICE INVITING PROPOSALS, RFP NO. 2023

ENGINEERING DESIGN SERVICES FOR ARCHIBALD AVENUE AT-GRADE RAILWAY

CROSSING SAFETY IMPROVEMENTS

Federal Project No. STPLR-7500(311)

PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of Ontario (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 11:00 am, Thursday, October 22, 2026.

The proposal (four (4) sets of hard copies) must also be received no later than 11:00 am local time, on or before October 22, 2026, at the office of:

CITY OF ONTARIO – Records Management Department 303 East B Street

Ontario, CA 91764-4196

The City is requesting proposals to provide: Engineering design services to prepare the plans, specifications and engineer’s estimate (PS&E), including, but not limited to, environmental clearance, permitting, coordination with railroad, utilities, and utilities commission for the at-grade railway crossing safety improvements on Archibald Avenue in the City of Ontario, as outlined in Exhibit “A”.

Interested parties may download copies of the above mentioned RFP by visiting the City’s web site, www.ontarioca.gov and selecting “Bids and Proposals” under “Business” on the home page.

To download solicitation packages and submit proposals, new vendors will be required to register.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of services. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City Clerk’s office upon request. It shall be mandatory upon the proposer to whom http://www.ontarioca.gov/

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the contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No proposal will be accepted nor any contract entered into without proof of the proposer’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and

1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this RFP may also be subject to compliance monitoring and enforcement by the DIR.

City of Ontario Purchasing Department

(909) 395-2012

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REQUEST FOR PROPOSALS

ENGINEERING DESIGN SERVICES FOR ARCHIBALD AVENUE AT-GRADE RAILWAY

CROSSING SAFETY IMPROVEMENTS

Federal Project No. STPLR-7500(311)

I. BACKGROUND AND INTRODUCTION

The City of Ontario (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Engineering Design Services (“Services”), which shall be provided under the general direction of the City Manager or his or her designee.

The City is a general law city in the State of California. The City’s population is estimated at 166,866 and the City’s current area covers approximately 50 square miles. The City operates under a council-manager form of government with a five-member City Council elected at large.

Each council member serves a four-year term. The City Council meets on the first and third Tuesdays of the month at Ontario City Hall, 303 East “B” Street. To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

The selected firm will provide engineering design services to prepare the plans, specifications and engineer’s estimate (PS&E), including permitting, coordination with railroad, utilities, and utilities commission for the at-grade railway crossing safety improvements on Archibald Avenue in the City of Ontario, as outlined in Exhibit “A”.

II. REQUEST FOR PROPOSALS

A. Scope of Services

The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A,” attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A” the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the sample Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

B. Pre-Proposal Meeting

For this RFP, there is no pre-proposal meeting.

C. Content and Format of Proposal

Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, tabbed, and numbered in the order presented below.

Proposals must include page numbers for all pages in the proposal. The proposal shall be uploaded (.pdf file) as an attachment(s) and submitted through PlanetBids. The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

Use of the term “firm” throughout this document shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 page)

a. Legal name and address of the company.

b. Legal form of company (partnership, corporation).

c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”

d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal.

e. City Business License Number

4. Staffing Resources: (limit: 3 pages)

a. Firm Staffing and Key Personnel

(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.

(ii) Identify three (3) persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.

(iii) Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes.

(iv) Provide brief biographies of individuals that will be working directly with the City.

b. Subcontractors

(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 2 pages- not including supporting documentation)

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a. The Proposer should provide evidence of corporate stability including:

(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or

(ii) A letter from a financial institution stating a current line of credit; and

(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 3 pages)

a. Experience

(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.

(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients.

(iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services.

(v) Describe the Proposer’s local experience and knowledge of City.

b. Project Specific Experience

(i) The Proposer shall provide a description of the three (3) most relevant service contracts held within the last five years, one page per project, to include:

(a) Role of the firm

(b) Dollar value of the services

(c) Dollar value of the fee

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(d) Description of services

(e) Staffing

(f) Duration of providing services

(g) Relationship to client

(h) Contact name, position, entity name, telephone number, fax number and e-mail address for each project.

(ii) If any of the following has occurred, please describe in detail:

(a) Failure to enter into a contract or professional services agreement once selected.

(b) Withdrawal of a proposal as a result of an error.

(c) Termination or failure to complete a contract.

(d) Debarment by any municipal, county, state, federal or local agency.

(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract.

(f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract.

(g) Willful disregard for applicable rules, laws or regulations.

Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate an unsatisfactory record of performance.

c. Technical Competence

(i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.)

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(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Proposed Method to Accomplish the Work: (limit: 3 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A,” the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the sample Agreement). The fee proposal shall be arranged per the Tasks described in Exhibit “A” Scope of Services.

Offeror shall submit one (1) copy of the fee proposal concurrently with the hard copies of the technical proposal, but in a separate sealed envelope labeled as “Fee Proposal”’. Upon completion of the initial evaluations the Procurement, Project Manager will open the Cost and Price Proposal file submitted.

9. Insurance: (limit: 2 pages - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B,” for a description of the insurance requirements.

10. Litigation: (limit: 1 page) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: (limit: 1 page) This section shall contain all other pertinent information regarding the following:

a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.

b. Description of community involvement.

c. Description of any previous involvement with the City.

d. A statement that the Proposer has no conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:

“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices: (limit: 5 pages)

D. No Deviations from the RFP

In submitting a proposal in response to this RFP, Proposer is certifying that it takes no

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exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the sample Agreement and, in particular, the insurance and indemnification provisions therein.

E. Selection Process

1. The City will evaluate proposals based on the following criteria:

a. The firm has no conflict of interest with regard to any other work performed by the firm for the City.

b. Clarity and conformance of proposal to RFP. – 10%

c. Content of the proposal. – 40%

d. Proposer’s experience and performance. – 20%

e. Team members’ experience and performance. – 20%

f. Familiarity with Federal and State procedures - 10%

g. Fee proposal

h. Reference’s comments.

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer to perform the Services based on the above criteria. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer.

4. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

5. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

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F. Bid Protests

1. Protest Procedures: Submitted proposals will be made available for review in accordance with the California Public Records Act and after a submission of a Public Records Act Request to the City Clerk’s Office.

Proposers may file a protest with the City Clerk. In order for a Proposer’s protest to be considered valid, the protest must:

a. Be filed in writing not later than 5:00 p.m. (local time) on the fifth business day after the City issues a Notice of Intent to Award for the subject project, based on one of the following criteria:

(i) The Proposer’s disagreement with the determination or recommendation by the City regarding the Proposer’s proposal;

(ii) Non-compliance with RFP;

(iii) Non-compliance with City policy; or

(iv) Non-compliance with state or federal law.

b. Clearly identify the specific irregularity or basis for the protest;

c. Specify, in detail, the factual and legal grounds for the protest;

d. Include all relevant supporting documentation with the protest at time of filing.

2. City Review: The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this Section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

All protests filed with the City Clerk shall be delivered to the following address:

City Clerk City of Ontario 303 East “B” Street Ontario, CA 91764-4196

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G. Proposal Schedule

The tentative schedule is as follows:

ACTION DATE

Release of Request for Proposal October 1, 2026

Last Day to Submit Questions for Clarification received by the City on or before 11:00 am

October 8, 2026

Clarifications Issued by City on or before 11:00 am October 15, 2026

Deadline for Receipt of Proposals submitted on or before 11:00 am

October 22, 2026

Notification of Finalist(s) November 5, 2026

Interview of Finalist(s) November 12, 2026

Notification of Intent to Award November 19, 2026

The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

H. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit City and its physical facilities to determine the local conditions which may in any way affect the performance of the work;

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familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Services; make such investigations, as it may deem necessary for performance of the work at its proposal price within the terms of the Agreement;

and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Confidentiality of Proposal: Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”) the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.

5. Submittal Instructions.

The proposal (four (4) sets of hard copies) must be received no later than 11:00 am local time, on or before October 22, 2026, at the office of:

CITY OF ONTARIO – Records Management Department 303 East B Street

Ontario, CA 91764-4196

The proposal must also be received through the City’s online bid provider, PlanetBids. It is solely the responsibility of Proposer to see that its proposal is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late proposals. The City will only consider proposals that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the proposal was submitted successfully. Proposers shall be solely responsible for informing themselves with respect to the proper utilization of PlanetBids, ensuring the capability of their computer system to upload the required documents, and the stability of their internet service. Failure of the Proposer to

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successfully submit an electronic proposal shall be at the Proposer’s sole risk, and no relief will be given for late and/or improperly submitted proposals.

Proposers experiencing any technical difficulties with the proposal submission process may contact PlanetBids Support at (818) 992-1771. If you continue to have difficulty, please contact City’s Purchasing Office at (909) 395-2012. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the proposal submission date and/or time.

I. Miscellaneous

1. Federal Requirements: If the Services are funded through a federal funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C,” and incorporated herein by this reference.

2. Amendments to RFP: The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for clarification.

3. Non-Responsive Proposals: A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

4. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted to City prior to the deadline stated herein for receiving proposals.

5. Costs for Preparing: The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

6. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

7. Price Validity: Prices provided by Proposers in response to this RFP are valid for 90 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

8. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this

RFP.

9. Requests for Clarification: All requests for information and/or clarification must be posted on Planet Bid’s Q&A tab no later than 11:00 am, October 8, 2026. Answers to all

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questions will be issued to all prospective Proposers via e-mail. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing.

10. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City’s requirements.

11. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

12. Prevailing Wage and Contractor Registration

Proposers shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City Clerk’s office upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Proposer’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this RFP may also be subject to compliance monitoring and enforcement by the DIR.

If the Services are funded in whole or in part by federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the successful Proposer and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

Publication Date of RFP: October 1, 2026

Ex. A - 1 (BB&K 2020)

EXHIBIT “A”

PROPOSED SCOPE OF SERVICES

PROJECT DESCRIPTION

The City of Ontario (CITY) is requesting proposals from qualified professional engineering firms to prepare engineering design plans, specifications, and estimates (PS&E), Environmental Documents and Permits. The CITY has been awarded funding for a Section 130 Highway Rail at-grade crossing safety improvement project at Archibald Avenue and the Union Pacific Railroad (UPPR) at-grade crossing. The Section 130 program is a federally funded program, administered by the State, for the elimination of hazards at highway rail at-grade crossings.

CONSULTANT must be familiar with the guidelines and requirements of the Railway-Highway Crossing Program (RHCP), as administered by Caltrans. All work shall be performed in accordance with FHWA guidelines, Caltrans Local Assistance Procedures Manual (LAPM), Local Assistance Program Guidelines (LAPG), Caltrans Standards and Specifications, California Public Utilities Commission (CPUC) Standards and Specifications, UPRR Standards and Specifications, and CITY standards, specifications, manuals, procedures, policies and regulations.

The Scope of Work includes the preparation of engineering studies, construction documents with detailed plans, specifications and cost estimates (PS&E), sufficient for a competitively bid, federal-aid construction project. The Consultant is encouraged to provide recommendations with respect to scope and work plan. A detailed scope of work/work plan, including a breakdown of specific tasks and phasing, is required as part of the Consultant’s proposal.

SCOPE OF WORK

Task 1. Project Kickoff and Administration

This phase of work may include, but is not limited to, the following tasks:

• Review available information related to the at-grade railway crossings and assist the City in refining the scope of work for the proposed project.

• Prepare a construction schedule.

• Provide City with monthly progress reports and invoices.

• Lead for CPUC General Order 88-B request submittal.

Task 2. Survey and Easement Monumentation

This phase of work may include, but is not limited to, the following tasks:

• Perform topographic survey.

• Review as-built plans, existing/proposed conditions and Right-of-Way information.

• Conduct a site investigation and update the Field Review Form.

Task 3. Agreements and Permitting

This phase of work may include, but is not limited to, the following tasks:

• Verify and coordinate with utility companies.

• Pothole to assist with verifying utilities.

Ex. A - 2 (BB&K 2020)

• Correspondence, coordination, and submittals to UPRR.

• Correspondence, coordination, and submittals to Caltrans Local Assistance

• Prepare Preliminary Environmental Studies (PES) Form.

• Assist the City with updating project information and estimates for the Caltrans Local Assistance forms. Correspondence with and approval from Caltrans Local Assistance will be needed for any revisions to the scope of the proposed improvements.

• CONSULTANT will be responsible for project coordination with Caltrans District 8 Local Assistance.

• Prepare the appropriate Environmental Document in compliance with all NEPA requirements and obtain Environmental Clearance from Caltrans prior to commencing final engineering. As part of this task, the CONSULTANT will be responsible for preparing any applicable environmental studies required by Caltrans. City will prepare the document for a CEQA CE. CONSULTANT shall also obtain permits/approvals from all applicable Federal, State and local agencies.

• Submit all environmental studies, applications, documents and permits to the City for review and approval prior to submitting to Caltrans Headquarters and regulatory Agencies.

• After final PS&E is complete, CONSULTANT shall prepare all appropriate forms and obtain Authorization to Proceed (E-76) from Caltrans for the CON phase. CONSULTANT shall be responsible for preparing Right-of-Way Certification documents.

• Obtain agreements and permits from UPRR and CPUC.

Task 4. Conduct Traffic Study

This phase of work may include, but is not limited to, the following tasks:

• Conduct a traffic study for vehicular movements at the crossing that includes:

• Daily traffic volumes and vehicles using the crossing including truck and bus routes.

• Hourly turning movement counts.

Task 5. Conduct Pedestrian Study

This phase of work may include, but is not limited to, the following tasks:

• Conduct pedestrian study including counts/video studies identifying daily pedestrian and bicycle counts for seven consecutive days.

Task 6. 30% Plans, Specifications, and Estimates

CONSULTANT shall submit digital/pdf form PS&E for each submittal to the City.

CONSULTANT shall prepare plans, specifications and estimates for the project improvements.

The plans shall also include traffic staging and final signing and striping. Project plans shall be completed in AutoCAD, with the City of Ontario title block.

Each plan sheet shall bear the State of California Registered Professional Engineer registration seal with a signature, of the Engineer who is in responsible charge for developing the plan.

CONSULTANT shall prepare and furnish to the City complete special provisions and technical specifications for all items of work following Caltrans format. All specifications are to be prepared using Microsoft Word software and shall be submitted to the City of review at the 60%, 90%, and

Ex. A - 3 (BB&K 2020)

100% submittals stages. The City will compile the consultant’s special provisions and prepare the Bid package.

CONSULTANT shall prepare quantity calculations for bid items and prepare cost estimate, to be submitted with the plans and specifications at 60%, 90%, and 100% submittals.

The engineering design of all project improvements shall be compatible and in accordance with the latest versions of the following manuals:

• Caltrans Highway Design Manual

• Caltrans Standard Plans

• Caltrans Standard Specifications

• City of Ontario Standard Plans

• California Manual on Uniform Traffic Control Devices (CA MUTCD)

This phase of work may include, but is not limited to, the following tasks:

• Address any constructability issues that may arise.

• Preliminary Roadway Plans and Traffic Control Plans.

• Design a pre-signal relocation and replacement for southbound traffic, interconnected to the railroad signal equipment for advance preemption.

• Design a modification of traffic signal operation at the adjacent intersection of Archibald Avenue and Mission Boulevard south of the crossing.

• Design a reconstructed roadway and shoulder approaches for widening at the crossing, with no addition of traffic lanes.

• Evaluate for additional of southbound dedicated turn lanes with associated traffic signal operational changes.

• Design of raised, non-mountable median islands up to 100-feet from crossing to the north and to the extent of the intersection to the south.

• Design of a reconstruction of existing raised concrete island south of the crossing, if necessary.

• Design grading on the crossing approaches and departures to reduce crossing profile.

• Design the installation of additional illumination on the crossing approaches.

• Evaluate for pedestrian approaches along east side of crossing, including sidewalk, curb

• ramps, and crosswalk through intersection.

• Design and update signage and striping per CA MUTCD and MUTCD 11e.

Task 7 60% Plans, Specifications, and Estimates

This phase of work may include, but is not limited to, the following tasks:

• Build upon the 30% Plans, Specifications, and Estimates.

Task 8 90% Plans, Specifications, and Estimates

This phase of work may include, but is not limited to, the following tasks:

• Build upon the 60% Plans, Specifications, and Estimates.

Task 9 100% Plans, Specifications, and Estimates

Ex. A - 4 (BB&K 2020)

Final drawings shall be digitally signed and stamped and submitted in digital/pdf form. In addition to submittals to the City, the CONSULTANT will be responsible for all required submittals to Caltrans Local Assistance throughout the final design process and obtain Caltrans approval as necessary.

CONSULTANT shall have sole responsibility for the accuracy and completeness of the reports, plans, specifications, estimates, and related material prepared by CONSULTANT for the Project.

The plans, concepts, reports, and documentation will be reviewed by the City for conformity to constructability and overall project consistency.

All project calculations, details, supporting/reference information, electronic files, AutoCAD files, etc. shall be provided to the City with the final submittal or upon request.

Task 10 Meetings

This phase of work may include, but is not limited to, the following tasks:

• Attend Field Diagnostics meetings and any other meetings required to coordinate with Caltrans, CPUC, and UPRR.

• Attend monthly Progress Meetings to discuss project status, as deemed appropriate by the City. Preparation of meeting minutes after the meeting.

• Attend bi-weekly meetings with the City to ensure project maintains schedule

Task 11 Bidding Assistance

CONSULTANT shall assist the City during the construction bidding process. This includes providing responses to questions from contractors regarding the design, and assisting with preparation of addendums.

Task 12 Construction Support

CONSULTANT shall assist the City during the construction process. This includes providing responses to questions from contractors regarding the construction and providing as-built drawings.

Ex. B - 1 (BB&K 2020)

EXHIBIT “B”

PROFESSIONAL SERVICES AGREEMENT

BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES

46700.00100\33225203

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PAUL S. LEON

MAYOR

DEBRA PORADA

MAYOR PRO TEM

ALAN D. WAPNER

JIM W. BOWMAN

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE

PROPRIETORSHIP, ETC.***], with its principal place of business at [***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering design services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Engineering Design Services for Archibald Avenue At-Grade Railway Crossing Safety Improvements Federal Project No.

STPLR-7500(311) project ("Project") as set forth in this Agreement.

Sources of funding for payment for professional services provided under this Agreement include federal funds administered by the California Department of Transportation (“Caltrans”) from the United States Department of Transportation pursuant to the following project/program: [___insert funding sources__].

BB&K (2026) 2 AGREEMENT FOR PROFESSIONAL SERVICES

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3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING

SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE

YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.2.1 In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Exhibit “C” and identified in Exhibit “C”.

3.2.2.2 Reimbursement for transportation and subsistence costs shall not exceed the rates specified in Exhibit “C”.

3.2.2.3 When milestone cost estimates are included in Exhibit “C”, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

3.2.2.4 Progress payments shall be made monthly in arrears based on Services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee shall be included in the monthly progress payments. Consultant shall not be entitled to and shall forfeit any portion of the fixed fee not earned as provided herein.

BB&K (2026) 3 AGREEMENT FOR PROFESSIONAL SERVICES

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3.2.2.5 For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

3.2.2.6 No payment shall be made prior to approval of any Services, nor for any Services performed prior to approval of this Agreement.

3.2.3 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. Final invoice must contain the final cost and all credits due City including any equipment purchased under the equipment purchase provisions of this Agreement.

The final invoice should be submitted within 60 calendar days after completion of Consultant’s work.

Invoices shall be mailed to City at the following address:

[INSERT ADDRESS]

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, BB&K (2026) 4 AGREEMENT FOR PROFESSIONAL SERVICES

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employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.