Agenda packet — Ontario City Council, January 16, 2024 (part 2 of 7)

BB&K 2020

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and betw een the City of Ontario (“City”) and Transtech Engin eers, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated April 04, 2023 (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the Agreement to include the following services for the construction of the Mino r League Baseball Stadium, Building Official, Building Plan Check and Building Inspection. Please see Exhibit “A”.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:

3.3.1 Compensation. Consultant shall receive compensation, including a uthorized reimbursements for all Services rendered under this Agreement in Exhibit “A” at the rates set f orth in Exhi bit “B” attached hereto and inc orporated herein by reference.

The total compensatio n not to exceed Seven Hundred Eighty -Eight Thousand Nine Hundred Sixty Dollars ($788,960) for a new not to exceed amo unt of One Million One Hundred Thirty -Eight Thousand Nine Hundred Sixty Dollars ($1,138,960) without City Manager ’s written approval. Extra work may be authorized , as described below, and if authorized, will be compensated at the rate s and manner set forth in this Agreement."
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TRANSTECH ENGINEERS, INC.
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BB&K 2020

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

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisd iction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Am endment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integra ted amendment.

[SIGNATURES ON FOLLOWING PAGE]

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND TRANSTECH ENGINEERS, INC.

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

CITY OF ONTARIO Transtech Engineers, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

249
About TRANSTECH
Video Highlight:

CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
September 28, 2023
Ci
ty of Ontario
1333 S. Bon View Ave
Ontario CA, 91761
At
tn.: Dan Beers, Design & Construction – Principal Project Manager E: [email protected]
Task Order Proposal

ONTARIO SPORTS COMPLEX PROJECT SPECIFIC BUILDING OFFICIAL, BUILDING PLAN CHECK

AND BUILDING INSPECTION SERVICES
De
ar Mr. Beers:

As
requested, Transtech is pleased to submit this proposal to provide project specific services, which includes BUILDING OFFICIAL, BUILDING PLAN CHECK AND BUILDING INSPECTION.

SUMMARY OF TRANSTECH’S QUALIFICATIONS IN BUILDING AND SAFETY SERVICES:

Co
mpany Profile:

Established in 1989, Transtech (a California Corporation) is a multi- disciplinary engineering consulting firm.

Transtech has been in business for over 33 years and provides various municipal services to approximately 75 public agencies, Including Building and Safety Services to several agencies.

Our
multi-disciplinary service capabilities include:
• Building & Safety Services, Building Official, Building Inspection, Plan Check, Building Code Enforcement
• Civil Engineering
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-o f-way Eng
• Emergency, Support Services
On
e of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building Code Enforcement, City Engineer , City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies.

Trans
tech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage electronic plan submittal portals for over 25 cities. • In 2022, we processed and review ed approximately 1 3,000 projects with 96,000 documents and performed approximately 43,000 inspections.

ONTARIO SPORTS COMPLEX PROJECT SPECIFIC BUILDING OFFICIAL, BUILDING PLAN CHECK AND BUILDING INSPECTION SERVICES www.transtech.org
and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee

Innovative and Advanced Technology:

Transtech has integrated many technological assets into its services to provide the most efficient and cost - effective service possible. We provide fully automated electronic plan submittal, plan checking, and tracking. We provide this on our company portal, as well as offer same portal access to our client cities on their web sites.

Electronic Plan Check:

Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan check
portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no additional cost.

Virtual Counter:

We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
appointment calendar for one of the Cities,

SUMMARY OF TRANSTECH’S KEY STAFF QUALIFICATIONS IN BUILDING AND SAFETY SERVICES:

Involvement in Building and Safety Professional Organizations:

Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee

Certifications:

Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Following are various ICC certifications held by various staff members:

Building Official Certifications:
 Certified Master Code
Professional
 Building Code Official
 Building Official

Plan Check Certifications:
 Residential Building Plans
Examiner
Inspection Certifications:
 Combination Inspector
 Commercial Building Inspector
 Residential Building Inspector
 Accessibility Inspector
 Commercial Energy Conservation
Inspector
 Electrical Inspector
 Commercial Electrical Inspector
Additional Inspection Certifications:
 IAPMO Plumbing, Mechanical
Inspector
 Fire Code Inspector
 Fire Inspector II
 California UST Inspector

Permit Technician Certification:
 Permit Technician
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ONTARIO SPORTS COMPLEX PROJECT SPECIFIC BUILDING OFFICIAL, BUILDING PLAN CHECK AND BUILDING INSPECTION SERVICES www.transtech.org
 Commercial Building Plans
Examiner
 California Building Plans
Examiner
 Certified Sustainability
Professional
 CalGreen Plans Examiner
 Accessibility Plans Examiner
 Commercial Energy
Conservation Plans Examiner
 Residential Plans Examiner
 Mechanical Plans Examiner
 Plumbing Plans Examiner
 Electrical Plans Examiner

State of California Safety
Assessment Program:
 CalOES SAP Evaluator
 Residential Electrical Inspector
 Residential Energy Conservation
Inspector
 Residential Building Inspector
 Residential Mechanical Inspector
 Mechanical Inspector
 Commercial Mechanical Inspector
 Plumbing Inspector
 CalGreen Inspector
 Building Inspector CBC
 Building Inspector UBC
 Plumbing Inspector UPC
 California Building Inspector
 California Commercial Plumbing
Inspector
 California Residential Mechanical
Inspector
 California Residential Mechanical
Inspector

CACEO Certified Code Enforcement
Officer

California State Fire Marshall
Certifications: Certified EMT1 (AED
Certification), Driver Operator 1A,
Driver Operator 1B, Driver Operator,
Command 1A, 1B, 2A, Firefighter 1, 2,
Hazardous Materials First Responder,
Instructor 1A, 1B, Investigation, 1A,
Management, 1, Prevention, 1A, 1B,
1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290,
S-130, S-190, PC832 with Firearms. Fire
control 3, S-230 S-231 S-215, Fire Safety
Officer

FEMA: IS 100, 200, 241, 242, 275, 700,
288, 800, 08-A, 1900
 In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Following are resumes of few of our Building and Safety Services Staff Members:

AYLA JEFFERSON, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Rio Hondo College, CE, Bosphorous Univ, Turkey, Athanee Royal, Belgium Registrations/Certifications
• ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner, California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building Inspector CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial Plumbing Inspector, Residential Mechanical Inspector, California Residential Mechanical Inspector, Permit Technician • IAPMO Plumbing, Mechanical Inspector
Highlights
Ms. Jefferson has over 25 years of experience in private and governmental sector. She has extensive experience in managing building and safety departments of different municipalities under Transtech contracts. She has served as Building Official, Deputy Building Official, Plan Checker, Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and Inspector for various municipalities.

DENNIS TARANGO, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC, Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the 252
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ONTARIO SPORTS COMPLEX PROJECT SPECIFIC BUILDING OFFICIAL, BUILDING PLAN CHECK AND BUILDING INSPECTION SERVICES www.transtech.org
Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet.

BILL DORMAN, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education
• AS, Architecture - East Los Angeles College; BA, University of La Verne Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Building Inspector Highlights
Mr. Dorman has over 30 years of experience in Building and Safety. He serves as Building Official/Plan Checker/Inspector at various Transtech contr act cities. He has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects. Prior to joining Transtech, he has served in various capacities, including as Building Official/Code Administrator for the City of Pasadena.

MICHAEL ROBERTS, CBO, MCP, ICC Certified Building Official, Plans Examiner and Inspector Education
• Associate of Applied Science, Building Inspection Technology – Chemeketa Community College, Salem Oregon
• Fire Code Administration, National Fire Academy – Emmitsburg, Maryland Registrations/Certifications
• ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector, Residential Plans Examiner, Mechanical I nspector, Commercial Mechanical Inspector, Fire Code Inspector, Fire Inspector II
• ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner, Fire Code Official
Highlights
Mr. Roberts has over 30 years of experience in municipalities, including governmental development administration. He has reached the highest possible level of code administration with the Master Code Professional designation certification from the Internat ional Code Council and has proven superior leadership abilities. He has served as Building Official, Community Development Director, Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal Consultant. Serving as a Building Official for many years, Mr. Roberts provided the necessary code interpretations, and coordinated with agency staff and departments, and applicants on building and safety related issues. He has vast knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees, and related interaction with members of the public, other city departments, and other governmental agencies.

CEM AYAN, PE, ICC Certified Plans Examiner and Inspector Education
• M.S., B.S. in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
• ICC Certified Plans Examiner, Inspector
Highlights
• Experience includes working as Structural Design Engineer.

Mr. Ayan has approximately 20 years of experience in engineering and construction. He works at various Transtech Contract Cities as Plan Checker and Deputy Building Official. His experience also includes both working for a construction company as construct ion engineer and for consulting firms design firms as design/field construction engineer. His field construction experience includes site start -up, site grading/paving/concrete work, excavation, backfill, vertical survey, storm & wastewater collection, shallow/deep foundation, structural work, M&E, brick work, gable/hip/flat roof, interior/exterior architectural finish, and CM/PM activities.
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JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm.

CALVIN CHANG, PE, ICC Certified Plans Examiner
Education
• MS, BS Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
• ICC Certified Plans Examiner
Highlights
• Chinese Cantonese and Mandarin Speaker
• Extensive experience in Structural Plan Check
Mr. Chang has 30 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On -Site Over the Counter Plans Examin er. He has performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, Temple City, Huntington Park, San Manuel Indian Reservation and San Bernardino. Prior to joining Transtech, he was a Sr. Plans Examiner at the City of Burbank. Mr. Chang has extensive experience in Building Codes, code interpretations and resolving code related construction and plan check problems on a broad range of residential and commercial projects.

ROBERT HERNANDEZ, ICC Certified Plans Examiner and Inspector Education
• Coastline College, Electrical and mech code classes; Fullerton College, Building construction cod.

Registrations/Certifications
• ICC Certified Plans Examiner, Inspector-Res Building, Commercial, Res Plumbing, Commercial Plumbing Highlights
Mr. Hernandez has over 30 years of experience and has served as Inspector and Plan Checker. His prior experience includes working for various cities as inspector and plan checker.

JASON ROBBINS, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education • A.A. and A.S. Degrees; Cal State LA, Computer Science (In Progress) Registrations/Certifications
• ICC Certified Building Inspector, Commercial Building Inspector, Res. Combo, Building, Electrical, Mechanical, Plumbing Inspector, Permit Technician
Highlights
Mr. Robbins has over 8 years of experience working in governmental environments. He is assigned to various Transtech Contract Cities. He has served as Permit Technician and as Building Inspector under Transtech’s contract cities, including at the City of Alhambra, City of South Pasadena, City of Temple City, City of Montebello, and City of Seal Beach. Mr. Robbins also has experience working alongside Los Angeles County Staff at City of Commerce as a Permit Technician.

JONATHAN TARANGO, ICC Certified Building Inspector, CALGreen Inspector/Plans Examiner, Permit Technician Education
• Construction Management, Fullerton College; General Education, Mount San Antonio College Registrations/Certifications
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Task Order Proposal 6

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• ICC Residential Building Inspector, Residential Plumbing Inspector, & Residential Electrical Inspector Highlights
Mr. Tarango has over 6 years of City government experience working in many diverse communities. His experience includes working as a Building Inspector and Permit Technician at various Transtech contract cities.

GREGORY AHERN, ICC Certified Inspector, ICC Certified Fire Inspector Education
• Associates of Science Degree – Public Works Construction - Citrus Community College • FT 101: Fire Protection Organization, FT 102: Fire Prevention Technology, FT 103: Fire Protection Equipment System, FT104: Building Construction/Fire Protection, FT 105: Fire Behavior & Combustion – Hancock Community College
Registrations/Certifications
• ICC Certified Residential Building Inspector, ICC Certified Residential Mechanical Inspector, ICC Certified Residential Plumbing Inspector. ICC Fire Inspector I, ICC California UST Inspector Certification • Hazardous Waste Operator and Emergency Operations Certification (HAZWOPER) • Aboveground Petroleum Storage Tank Inspector Certification EPA (APSA) Highlights
Mr. Ahern has over twenty years’ experience inspecting commercial development in the City of Glendale. He has in depth experience inspecting high rise mixed use development projects, as well as industrial projects.

FRANKIE LOPEZ, ICC Certified Building Inspector
Education
• Los Angeles Trade Technical College L.A. Ca ; A/S Degree in Inspection Technology, and A/A Degree in Offset Printing
Registrations/Certifications
• ICC Building Inspector, ICC Residential Building Inspector, I.C.B.O. Certified -1985-16108, CalOES SAP Evaluator
Highlights
Mr. Lopez has over 28 years of experience as a Building Inspector for the City of Los Angeles. His experience includes inspecting one - and two-family dwellings and inspecting foundations, electrical, heating, plumbing, framing (structural and non -structural), insulation, application of stucco, installation of roofing, and final completions on structures rega rding residential homes. Mr. Lopez has completed several roofing, rain gutter installations, water sprinklers, heating/air conditioning and ductwork repair and installation projects. Prior to joining Transtech Engineers, Mr. Lopez worked as a Part Time Bui lding Inspector for the Cities of Diamond Bar, San Dimas, San Gabriel, San Marino, Walnut and La Verne.

JOHN TUFAN, ICC Permit Technician, CalGreen Inspector/Plans Examiner Education
• BA Public Administration
• University of Redlands MA in Management
Registrations/Certifications
• ICC Permit Technician
Highlights
Mr. Tufan has been working in Transtech’s Building and Safety Department and performing various clerical and technical duties in support of Building Inspe ction, Plan Checkers and Building Officials. Mr.

Tufan acquired his ICC Permit Technician Certification and has worked in various contract cities including City of Alhambra, South Pasadena, Placentia, Commerce, Bell and many more. In addition to this, Mr.

Tufan supports Transtech’s Engineering Department in various contract cities such as West Covina, South El Monte, Banning and Rosemead.

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Task Order Proposal 7

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FEW SAMPLE PROJECTS REPRESENTATIVE OF TRANSTECH’S EXPERIENCE IN IN BUILDING AND SAFETY SERVICES:

Agency: SAN MANUEL BAND OF MISSION INDIANS TRIBE AND
CASINO
Project: Casino Expansion/Development (Valuation $700 m): This project involves Casino’s expansion program, which includes casino renovation, new hotel, entertainment center, parking structure, pedestrian bridges, alignment of entry and exit roads, and various other improvements.

Transtech provided following services:

Building Plan Check and Inspection.

Fire Plan Check.

Transtech serves as the Tribe’s and Casino’s Contract Building Official, Plan Checker, Inspector.

Agency: CITY OF CARSON
Project: The District at South Bay (Valuation $175 m). This development includes Industrial Buildings on 73 acres with 5 industrial building with 1,499492 sq ft and Country Mart project including five (5) restaurant / retail buildings, four (4) drive through restaurants, and one (1) restroom facility buildin
g on an
approximate 11-acre site. There will be a park component with a performance pavilion, kids playground, event lawn, dog park and gardens. The restroom facility will include public and family restrooms to support the public open space.

Transtech provided following services:

Building Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official.

Agency: CITY OF WEST COVINA
Project: Asteria Residential Development (Valuation $40 m). This development includes 158-unit residential homes.

Transtech provided following services:

Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.

Building Plan Check and Inspection.

Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development (Valuation $20 m). This development includes one- story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot.

Transtech provided following services:

Establishing conditions of approval and co ordination with the Planning Staff for the entitlement of the project.

Building Plan Check and Inspection.

Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
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Agency: SNOQUALMIE INDIAN TRIBE, WASHINGTON
Project: Casino expansion (Valuation $195 m). This development includes 5 phases with 1,188,000 sq ft to include casino remodel, podium, hotel tower, parking structure, valet parking.

Transtech provided following services:

Building Plan Check and Inspection.

Transtech serves as the Tribe’s Casino’s Contract Building Official, Plan Checker, Inspector.

Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23 m). This development includes 4 -story mixed -use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units.

Transtech provided following services:

Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.

Building Plan Check and Inspection.

Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m). This development includes 13 buildings with 70 residential units.

Transtech provided following services:

Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.

Building Plan Check and Inspection.

Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF WEST COVINA
Project: Medical Center Building (Valuation $20 m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation oncology department and infusion department.

Transtech provided following services:

Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.

Building Plan Check and Inspection.

Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF SOUTH PASADENA
Project: 820 Mission Development LLC (Project Value: $10M). This project is a new office building with one residential unit above, new 15-unit townhome cluster with office fronting Mission Street with one- level subterranean parking, convert existing 3 -
story industrial
building into 9 residential units, construct 13 townhome units.

Transtech provided following services:

Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.

Building Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official.

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CLIENT REFERENCES IN BUILDING AND SAFETY SERVICES:

MUNICIPAL AGENCIES

CITY OF COMMERCE (Year started and completed: 2015 – Ongoing Service) Contact: Vilko Domic, Assistant City Manager; T: 323-722-4805; E: [email protected]

Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF BELL (Year started and completed: 2015 – Ongoing Service) Contact: Manuel Acosta, Community Development Director, T: (323) 588- 6211, E:
[email protected]

Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection)

CITY OF AZUSA (Year started and completed: 2019 – Ongoing Service) Contact: Sergio Gonzalez, City Manager; T: 626-812-5239; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Permit Issuance and Inspection)

CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Contact: Andrew Ho, Community Development Director; T: 626- 570-5041; E:
[email protected]

Services Provided: Building & Safety Services (Building Official, Plan Check, Permit Issuance and Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF TEMPLE CITY (Year started and completed: 2013 – Ongoing Service) Contact: Bryan Cook, City Manager; T: 626-285-2171; E: [email protected]

CITY OF SOUTH PASADENA (Year started and completed: 1997 – Ongoing Service) Contact: Angelica Frausto -Lupo, Community Development Director; T: 626- 403-7222; E:
[email protected]

Services Provided: Building & Safety Services (Building Official, Plan Check, Permit Issuance and Inspection)

CITY OF WEST COVINA (Year started and completed: 2019 – Ongoing Service) Contact: Paulina Morales, Acting City Manager; T: 626-939-8401; E: [email protected]

CITY OF CARSON (Year started and completed: 2023 – Ongoing Service) Contact: Robert Lennox, Ed.D., Assistant City Manager; T: 310-952-1728; E: [email protected]

Services Provided: Building & Safety Services (Building Official, Plan Check, Permit Issuance and Inspection)

OTHER REFERENCES:

San Manuel Band of Mission Indians (777 San Manuel Blvd Highland; California 92346) Brian Hochnadel, VP Construction and Development- Casino E: [email protected]
; O:(909) 863-5728; M:(909) 725-6316

Snoqualmie Indian Tribe, Snoqualmie Casino (37500 SE North Bend Way; Snoqualmie, WA 98065) Stanford Le, CEO & President
E: [email protected]
; O:(425) 888-8183
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ESTIMATED PROJECT BUDGET:

Building PC Structural PC M echanical and
Plumbing PC Electrical PC ADA PC
700 700 250 250 100
hrs assumed hrs assumed hrs assumed hrs assumed hrs assumed Assume
132
hrs/month
Assume
35 hrs/month
$788,960
Average
Hrly Rate
Estimated
Budget
Allocation
Staff, Hrs Budget
Allocation Estimate
Building Plan Check
Time and Budget
Allocation
$145
Estimated Hrs Allocation Assumptions Total Hrs
2,000 $290,000
Building Inspection
Time and Budget
Allocation
$135
At the time of this proposal the project is at preliminary stage, and no plans, schedules are available.

The City's estimated construction valuation for the project is in the range of $80 M to $100 M.

Above Staff Classifications, Hours and Budget Allocations are estimated.

Final classifications, hours, rates, budget allocations may vary depending on the project specifics and needs.

Per the City following will be provided by the City and/or other on-call consultants:

Plan Checks and Inspections for Engineering, Water, Sewer, Gas, Electric, and all other wet and dry Utilities, Landscape, Soils/Geo-Tech.

Fire Plan Checks and Inspections will be provided by City's Fire Department.

Total Budget
2,640 $356,400
equivalent of full-time effort
Assume
75%
Assume
20 month construction duration
$142,56020% 30
equivalent of full-time effort month total project duration (10 months design and 20 months construction)
Building Official
Time and Budget
Allocation
$135
Assume Assume
1,056
T
hank you for the opp ortunity to submit this Task Proposal. Should you have any questions, or require additional information, please contact us.

Si
ncerely,
T
RANSTECH ENGINEERS, INC.

A
li Cayir, PE, Principal
E: [email protected]
C: 714-883-8677; O: 909-595-8599
Exhibit "B"
259
260
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH

ARDURRA GROUP FOR OFF-SITE DESIGN AND STREET NETWORK WITHIN THE

SPORTS COMPLEX DESIGN

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 17 to the On-Call Design Services Agreement with Ardurra Group of Newport Beach, California, for the Oﬀ-site Design and Street Network Within the Sports Complex Design in the amount of $6,117,228 for a total not-to-exceed contract amount of $9,157,468; and B
.

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

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The proposed Amendment No. 17 for the Oﬀ-site Design and Street Network Within the Sports Complex Design is a total amount of $6,117,228 for a total not-to-exceed contract amount of $9,157,468. The total contract amount of $9,157,468 includes On-Call work performed for various citywide projects. If approved, additional appropriations in the Capital Projects-Measure Q Fund will be requested at a future quarterly budget update.

BACKGROUND & ANALYSIS:

The proposed Sports Complex project will include a minor league baseball stadium, a variety of sporting ﬁelds, an aquatics complex, community center, and retail 261
facilities. The City’s infrastructure needs to be enhanced in order to accommodate the new Sports Complex since it is being built in an underdeveloped area in Ontario Ranch. This includes widening of streets, new sewer, water, recycled water and storm drain lines. If approved, Ardurra Group will design all the off-site improvements and street network of the entire sports complex. 262
46700.00100\33287662.1

Page 1 of 3 ends

BB&K 2020

AM
ENDMENT NO. 17 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ARDURRA GROUP, INC.

1. P
arties and Date.

Th
is Amendment No. 17 to the Agreement (as defined herein) is made and entered as of ____________, by and between the Ci ty of Ontario (“City”) and Ardurra Group, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 A greement. T he City and Consultant have entered into an agreement entitled “UT1032 On-Call Professional Engineering Services” dated May 7, 2019 (“Agreement”).

2.2 A mendment Purpose. T he City and Consultant desire to amend the A greement to revise the scope of services for The Sports Comple x Offsite Impro vements and the not -to-exceed compensation amount by Six Million One Hundred Seventeen Thousand Two Hundred Twenty - Eight Dollars ( $6,117,228) for a t otal contract amount not- to-exceed Nine Million One Hundred Fifty-Seven Thousand Four Hundred Sixt y-Eight Dollars ($9,157,468). The Parties have her etofore entered into that Amendment No. 1 dated December 3, 2019, Amendment No. 2 dated December 16, 2019, Amendment No. 3 dated February 19, 2020, Amendment No. 4 dated January 27, 2021, Amendment No. 5 dated January 27, 2021, Amendment No. 6 dated January 27, 2021, Amendment No. 7 dated January 27, 2021, Amendment N o. 8 dated July 6, 2021, Ame ndment No. 9 dated May 7, 2022, Amendment No. 10 da ted September 6, 2022, Amendment No. 11 dated September 20, 2022, Amendment No. 12 dated November 1, 2022, A mendment No. 13 dated December 9, 2022, Amendment No. 14, dated December 9, 2022, Amendment No. 15 dated February 7, 2023, and Amendment No. 16 dated August 15, 2023.

2.3 Amendment Authority. This A mendment No. 17 is authorized pursuant to Section

3.1.1 of the Agreement.

3. T
erms.

3.1 Amendment . Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:
263
46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

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

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 17, all other provisions of the Agreement rema in in full force and effect and shall govern the actions of the parties under this Amendment No. 17. From and after the date of this Amendment No. 17, whenever the term “Agreement” appears in the Agreem ent, it shall mean the Agreement as amended by this Amendment No. 17.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obliga tions they have undertaken pursuant to this Amendment No. 17.

3.4 Severability. If any portion of this Amendment No. 17 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the P arties’ un derstanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance un less expressly incorporated herein. This is an integra ted amendment.

[SIGNATURES ON FOLLOWING PAGE]

264
46700.00100\33287662.1

Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 17 TO THE DESIGN SERVICES

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

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 17 as of the day and year first above written.

CITY OF ONTARIO ARDURRA GROUP, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

265

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267
Department: Public Works
Prepared By: Gil H Mars
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

CONVERGINT TECHNOLOGIES, LLC FOR THE ONTARIO MUSEUM OF HISTORY

AND ARTS EXTERIOR DOOR ACCESS CONTROL UPGRADE

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 2 to the Maintenance Services Agreement with Convergint Technologies, LLC, of La Palma, California, for the Ontario Museum of History and Arts Exterior Door Access Control Upgrade in the amount of $40,598 for a total not-to-exceed contract amount of $3,842,480; and B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Capital Projects Fund for the Ontario Museum of History and Arts Exterior Door Access Control Upgrade.

The proposed Amendment No. 2 will increase the contract amount by $40,598 for a total not-to- exceed contract amount of $3,842,480.

BACKGROUND & ANALYSIS:

The Ontario Museum of History and Arts is a historical building. Due to its age, a master plan has been created to outline necessary upgrades to improve the safety, security and functionality of the Museum. To bring ﬁve (5) doors up to code for ADA compliance, an access control system upgrade will be performed by Convergint Technologies, LLC. The City of Ontario Information Technology Agency utilizes Convergint Technologies, LLC for access control citywide due to the standardization they provide.
268
46700.00100\33287662.1

Page 1 of 3 ends

BB&K 2020

AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND CONVERG

INT TECHNOLOGIES LLC

1. Part
ies and Date.

This
Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Convergint Technologies , a Limited Liability Company (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recit
als.

2.1 Agr eement. T he City and Consul tant have entered into an agreement entitled “Maintenance Services Agreement” dated April 12, 2023 (“Agreement”).

2.2 Amendment Purpose . The C ity and Consultant desire to amend the Agreement to add scope of services and additional compe nsation. The parties have heretofore entered into that Amendment No. 1 dated April 12, 2023, and Amendment No. 2 dated December 19, 2023.

2.3 Ame ndment Authority. This Amendment No. 2 is authorized pursuant to Section 3.1 Scope of Services and Section 3.2.1 Compensation of the Agreement.

3. Terms
.

3.1 Amendment . Sect ion 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.1.1 G eneral Scope of Services . The contractor promises and agrees to furnish to City all labor, materials, tool s, eq uipment, services and incidental and customary work necessary to fully and adequately supply the maintenance necessary for the project (Services). The Services as described in Exhibit A attached her eto and incorporated herein by reference.”
269
46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

“3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth within Exhibit A.

The total compensation for the added Access Control System scope at the Ontario Museum of History and Arts shall not exceed Forty Thousand Five Hundred and Ninety-Eight Dollars ($40,598.00) without written approval of the City Council or City Manager. Total compensation for all City contracted work shall not exceed Three Million Eight Hundred Forty-Two Thousand Four Hundred Eighty Dollars ($3,842,480).

3.2 Continuing Effect of Agreement. Except as amended by this Amend ment No. 2, all
other provisions of the Agreement remai n in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” ap pears in the Agreemen t, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrev ocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and ef
fect.

3.5 Integration. This Ame ndment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrat ed amendment.
[SIGNATURES ON FOLLOWING PAGE]
270
46700.00100\33287662.1

Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND CONVERGINT TECHNOLOGIES LLC
I
N WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO CONVERGINT TECHNOLOGIES LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Tito Haes
Executive Director Public Works
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
A
ttested By:

City Clerk
271
20 Centerpointe Drive #120, La Palma, California 90623
Phone Mobile (213) 425-4855
[email protected]
October 31, 2023
City of Ontario Quotation: MH13622444P
Ontario Museum of History & Art RFP#:
225 Euclid Ave Ontario, California 91762 License/Cert C-10 Attention: Gil Mars 986407
Reference: Museum of History & Art Access Control 10 -31-23 8-Door Access Control Panel and Card Readers
On behalf of Convergint’s global network of colleagues, I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today, and in the future.

Convergint’s reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SDM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry’s top technology manufacturers, and our history of success with providing exceptional service to our customers.

Our guiding principle has always been to be our customers’ best service provider. Our dedicated and certified team of professionals strives to uphold our customer -focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry’s best ongoing service, including our 24/7 customer portal iCare, designed to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement.

The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner.

Exhibit "A"
272

Scope of Work
Convergint Technologies’ scope of work includes furnishing, installing, programming, and commissioning the material listed in the attached bill of material (BOM) as outlined below and with regards to the data listed in the clarifications and exclusions sec tion of this proposal. This proposal complies with prevailing wage labor requirements.

The scope of work includes the installation of a new Genetec Synergis access control system for the City of Ontario Museum of History and Art. The project will include the installation of all field devices, control panels, power supplies, enclosures, and cabling.

Convergint will provide installation staff, project specialists, and project management to oversee implementation.

Access Control
• Employee Entrance
o Provide and install (1) card reader, composite cable, conduit, and backbox o Electrified door hardware with embedded door position sensor and request - to-exit-switch to be provided and installed by others
o Provide cable terminations for the card reader, electrified door hardware, door position sensor, and request -to-exit switch

• Carlton Space
o Provide and install (1) card reader, composite cable, conduit, and backbox o Electrified door hardware with embedded door position sensor and request- to-exit-switch to be provided and installed by others
o Provide cable terminations for the card reader, electrified door hardware, door position sensor, and request -to-exit switch

• Education Office
o Provide and install (1) card reader, electrified door hardware w/ embedded door position sensor, rex switch, composite cable, conduit, and backbox o Provide cable terminations for the card reader, electrified door hardware, door position sensor, and request -to-exit switch

• Exhibit Office
o Provide and install (1) card reader, electrified door hardware w/ embedded door position sensor, rex switch, composite cable, conduit, and backbox o Provide cable terminations for the card reader, electrified door hardware, door position sensor, and request -to-exit switch

• Break Room
o Provide and install (1) card reader, electrified door hardware w/ embedded door position sensor, rex switch, composite cable, conduit, and backbox o Provide cable terminations for the card reader, electrified door hardware, door position sensor, and request -to-exit switch
273

• Access Control Panel
o Provide and install (1) LSP wall mount access control panel enclosure with dual voltage for controller boards and electrified door hardware o Provide and install (1) Genetec cloudlink and intelligent controller module s o Provide required Genetec Advantage software license s o Electrical circuit for the new access control panel power supplies to be provided and installed by others

Exclusions
Electrical circuits, conduit, backboxes, fire -rated plywood, network switches, servers, workstations, patch panels, network drops , door position sensor, rex switch, fire alarm connections, patch and paint, trenching, permits.

Warranty
Convergint will provide a one -year labor warranty and a one -year material warranty on equipment provided by Convergint. Provision of labor and materials after the first year will be billed on a time and material basis.

274

Materials

Line Qty Part Description Unit Price Extended
Price
1 ACCESS CONTROL
2 5.00 ADV-RDR-
P-1Y
Genetec™ Advantage for 1 Synergis ™ Pro
Reader 1 year $ 12.07 $ 60.35
3 1.00
SY-

CLOUDLIN
K-G2
Synergis™ Cloud Link with 4GB of RAM, 16GB
Flash, second generation, installed with
Synergis™ access control firmware, four RS -485
ports, PoE.
$ 1,235.00 $ 1,235.00
4 1.00 SY-LP1502 Mercury Intelligent Controller, Linux Based, 8In/4Out/2Rd (Software Connections included) $ 1,676.07 $ 1,676.07 5 2.00 SY-MR52-
S3
Mercury MR52 2 -reader interface module Series
3 (8 inputs, 6 relays, PCB only, software
connections included)
$ 807.86 $ 1,615.72
6 5.00 40KNKS-
00-000000
SIGNO 40K,BLK/SLVR,PIG,CRD PFL STD,MA
RDY,FMT:ASP10022,WIEG,32-B MSB,EACH,4 -
B MSG,NOPAR,LEN:13,FC:0,EM:32 -
B,LED:RED,FLSH:GRN,BZR,KBD:RED,BZR,VIS
:ON,SRF:ON,IPM:OFF,VEL:OFF,TAP
$ 400.07 $ 2,000.35
7 3.00 310-4-24D-
630-LCBMA
310-4-24D-630-LCBMANFS,LKING CAM/LB
MONITOR SW,AU18103758 $ 714.27 $ 2,142.81
8 1.00
LSP-
FPO150B1C
8D8PE4M
Mercury Unif.Pwr.Sys,8Output,150W Dual V $ 712.70 $ 712.70 9 3.00 4461030-
500
4 Element Composite Cable Plenum Ylw Jkt -
500' $ 570.71 $ 1,712.13
10 1.00 556609 23-4P Unshielded Solid Plenum Cat6 Blu Jkt $ 420.00 $ 420.00 11 1.00 MISC-HW Miscellaneous Hardware $ 1,000.00 $ 1,000.00

Equipment Total $ 12,575.13
Total Labor/Other Costs $ 25,863.74
Freight/Warranty $ 1,058.81
Tax if Applicable $ 1,100.32
Total Project Price $ 40,598.00

275

Clarifications and Exclusion

1. All work proposed herein, shall be performed during normal business hours Monday through Friday 7:00 am - 4:00 pm.

2. Low voltage wiring shall be installed via open air code approved methods.

3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials have been excluded unless specifically listed under Inclusions or Bill of Materials.

4. Permits or associated fees are not included.

5. Customer to provide static IP addresses and network connections at panel locations.

6. Customer to provide a secured staging & storage area for project related materials.

7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings.

8. Fifty percent (50%) of the proposed sell price shall be payable to Convergint for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal.

9. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages.

10. Convergint reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents.

11. Customer acknowledges that supply -chain and shipping difficulties may result in unavoidable delays in deliveries of materials despite timely placement of orders and efforts by Convergint and its suppliers to avoid such delays. Customer agrees to provide Convergint with reasonable extensions of time to the extent of any such delays and Convergint agrees to make reasonable efforts to avoid or minimize such delays. Customer further acknowledges that the above -referenced supply -chain and shipping difficulties may result in unanticipated increases to Convergint’s proposal pricing on products covered by this quote or any resulting agreement and that such increases may occur between the time this quote is provided, or any resulting contract is executed and the time when Convergint actually purchases the products covered by this quote or a resulting agreement. Customer agrees that it will pay any such increase in Convergint’s initial pricing of obtaining the products above the proposal pricing upon which the quote or agreement was based, by change order or otherwise, and Convergint agrees that it shall make commercially reasonable efforts to minimize any such increase.

276

Performance Items

Items Included
Applicable Taxes Cable
Freight (prepaid) Installation of Control Equipment Enclosures Installation of Control Panels Installation of Wire and Cable Material (listed in the BOM) Mounting/Termination of Proposed Devices One-Year Warranty on Labor One-Year Warranty on Parts
Owner to Provide Static IP Addresses Project Management Servers by Others System is Design-Build
System Programming Termination of Control Equipment Enclosures Testing of all Proposed Devices Wire
Workstations by Others

Items Excluded
120 VAC Power and Fused Disconnect Switch 120 VAC Power Receptacles Additional Lighting Requirements for Cameras Attend General Contractor Project Meetings Attend Owner Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD)
Ceiling Tiles and Ceiling Grid Repairs Connection to Building Fire Alarm Panel Correction of Wiring Faults Caused by Others Door wiring typical connections Electrical Installation Permit Electrified Door Locking Hardware Engineering and Drawings Equipment rack layout drawing
FA Permit and Plan Review Fees Fire Stopping (Excludes Existing Penetrations) Fire Watch Floor Coverings for Lifts
Floor plan with device placement and numbering
(requires customer CAD)
Horizontal Core Drilling
Installation of Bridle Rings Installation of CCTV Cameras Installation of Conduit, Boxes and Fittings Installation of Intercom Systems Installation of Intrusion Panels Installation of Low Voltage Wire Installation of Network Cabling to Card Readers Installation of Network Cabling to IP Cameras Installation of Network Cabling to IP Intercoms Installation of Specialty Backboxes Installation of Terminal Cabinets Installation of Video Recorders (DVR/NVR) Installation of Wire Hangars Lifts
Loading Software on Customer Provided
Computer
Low Voltage Permits
On-Site Lockable Storage Facility Operations & Maintenance Manuals Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Owner Training
Panel Wall Elevation drawing (may require
customer CAD)
Panel wiring with point to point connections
Patch and Paint Payment & Performance Bonds
Record Documentation (As-Built) Riser drawing with home run wiring Servers by Convergint Specialty Backboxes
Submittal Drawings System Engineering
System Meets Plans/Drawings Terminal Cabinets
Vertical Core Drilling Workstations by Convergint

277

Total Project Investment: $ 40,598.00

Thank you for considering for your Security needs. If you have any questions or would like additional information, please don't hesitate to contact me immediately. If you would like to proceed with the scope of work as outlined in this proposal, please s ign below and return to my attention.

Sincerely,

Mario Herrera
Convergint
Mario Herrera

By signing below, I accept this proposal and agree to the Terms and Conditions contained herein

Gil Mars October 31, 2023
Customer Name (Printed) Date

Authorized Signature Title

278
Convergint Technologies’ Install Terms & Conditions Version 1.12 June 2020 Convergint Technologies Install Terms and Conditions

Throughout this Installation Proposal, the term, “Convergint” refers to the Convergint Technologies affiliate operating in the state/province in which the work is being performed.

SECTION 1. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work (“Work”). T his Installation Proposal commences on the Start Date as specified in the attached scope of work and represents the entire agreement between Convergint and Customer (the “Agreement”). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force.

Convergint agrees in accordance with the mutually agreed project schedule:
a. To submit shop drawings, product data, samples and similar submittals if required in performing the Work;
b. To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup and documentation required to perform the Work in accordance with the Agreement; c. Secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; and d. Hire subcontractors and order material to perform part of the Work, if necessary, while remaining responsible for the completion of theWork.

Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint:
a. To promptly approve submittals provided by Convergint; b. To provide access to all areas of the facility which are necessary to complete the Work; c. To supply suitable electrical service as required by Convergint;and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect life and property during the period of time from when Converg int is first notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared.

No monitoring services are included in the Work. Any such services shall be governed by a separate agreement.

Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customer's site. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site.

SECTION 2. PRICING
Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint’s interpretation of plans and specifications unless noted otherwise. Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.

SECTION 3. INVOICE REMITTANCE AND PAYMENT
If the Work is performed over more than a month, Convergint will invoice Customer each month for the Work performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer ag rees to pay Convergint in full after the Work has been performed within thirty (30) days of the date of being invoiced.

Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in any payment to Convergint, Convergint shall be entitled to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month, (or the maximum rate permitted by law, whichever is less), and may avail itself of any other legal or equitable remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable expenditure.

SECTION 4. WARRANTY
Convergint provides the following SOLE AND EXCLUSIVE warranty to the Customer:

For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or first beneficial use, (“Warranty Period”):
a. That Work performed under this Agreement will be ofgood quality; b. That all equipment will be new unless otherwise required or permitted by this Agreement; c. That the Work will be free from defects not inherent in the quality required or permitted; and d. That the Work will conform to the requirements ofthis Agreement.

The Customer’s sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own expense any defective or improper Work, discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period.

Any equipment or products installed by Convergint in the course of performing the Work hereunder shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third-party warranties. This warranty excludes remedy for damag e or defect caused by abuse, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANT IES OR

GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES

PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.

SECTION 5. CHANGES
Without invalidating this Agreement or any bond given hereunder, Customer or Convergint may request chang es in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Converg int. If Customer orders any additional work or causes any material interference with Convergint’s performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for overhead and profit.

SECTION 6. FORCE MAJEURE
Neither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to be in breach of this Agreement because of any delay in the performance of their respective obligations pursuant to this Agreement due solely to circumstances beyond their reasonable control (“Force Majeure”) and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to:
accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting. If performance by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any Services required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement.

SECTION 7. INSURANCE
Convergint shall have the following insurance coverage during the term of this Agreement, and shall provide certificates of insurance to the Customer prior to beginning work hereunder:

Worker’s Compensation Statutory Limits
Employer’s Liability $1,000,000 per occurrence /aggreg ate Commercial General Liability $1,000,000 per occurrence/aggregate $2,000,000 general aggregate
Automobile Liability $1,000,000 per occurrence/aggregate Excess/Umbrella Liability $10,000,000 per occurrence/aggregate All insurance policies carried by Convergint shall be primary to and noncontributory with the insurance afforded to Customer and shall name the Customer as “additional insured”, with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity obligations of Converg int, pursuant to the terms of this Agreement. Convergint shall provide to the Customer no less than thirty (30) days’ notice prior to the termination or cancellation of any such insurance policy.

SECTION 8. INDEMNIFICATION
Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses, attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint’s employees or subcontractors while on Customer’s site, or b) the malfunction of the equipment supplied by Convergint, or c) Convergint’s breach of this Agreement.

IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER PART Y

HERETO FOR SPECIAL, INDIRECT, INCIDENT AL OR CONSEQUENTIAL DAMAGES, INCLU DING

COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONVERGINT BE LIABLE T O

CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT.

It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended to be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint’s indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have no liability to Customer for any losses to the extent such losses are caused by the intrusion product or software. Customer shall indemnify, defend, and hold harmless Convergint, from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint.

SECTION 9. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied to Convergint prior to beginning work.

In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working conditions at Customer’s facility where the Work is to be performed, Convergint is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. Converg int in its sole discretion shall determine when it is “safe” to return to perform the Work at Customer’s facility. Converg int shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any form at the Customer’s facility. Customer shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney’s fees, arising out of or resulting from undisclosed hazardous materials, or unsafe working conditions at Customer’s facility.

Customer acknowledges that applicable law or regulation may limit Customer’s rights and impose oblig ations with respect to information or data obtained using software capable of obtaining what may in certain circumstances be characterized as biometric info rmation (individually and collectively, the “Software”) and agrees that Customer is solely responsible to ensure its own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay attorneys’ fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or representatives of any of the foregoing from and against any and all losses, liability, damages, penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements (individually and collectively, “Liabilities”) arising from or related to any intentional or negligent acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related to the Software, any hardware, software, or other services associated with the Software, or the use of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to Customer’s failure to comply with applicable laws or regulations related to its use of the Software or any hardware, software, or other services associated with the Software, including but not limited to the Customer’s failure to obtain any necessary consents from affected individuals or provide any necessary disclosures or protections with respect to the information of such individuals under any applicable privacy or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from and against third party claims for copyright and trade secret infringement under the terms of the End User License Agreement for t he Software between Convergint and Customer. Notwithstanding the foregoing , Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Converg int) which are an element of loss subject to indemnification under this paragraph shall be deemed direct damages.

SECTION 10. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers of each company.

If settlement attempts are not successful, then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect and shall be a final binding resolution of the issues presented between the parties. T he prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

SECTION 11. MISCELLANEOUS
Neither party to this Agreement shall assign this Agreement without the prior written consent of the other party hereto.

Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint.

Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent.

A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and sig ned by a person with authority to commit the Customer or Convergint and delivered to the non-waiving party according to the notice provision herein. No waiver by Customer or Convergint shall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver.

The Sections regarding invoicing, warranty, and indemnity, and disputes shall survive the termination of this Agreement.

279
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Gina Gomez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH RYMAX ELECTRICAL, INC. FOR ON-CALL ELECTRICAL SERVICES

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Maintenance Services Agreement with Rymax Electrical, Inc. of Upland, California, for On-Call electrical services in the amount of $200,000, for a total not-to- exceed contract amount of $570,952.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The proposed Amendment No. 3 to the Maintenance Services Agreement with Rymax Electrical, Inc., increases the contract amount by $200,000 for a new total contract amount not-to-exceed $570,952. The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Facilities Maintenance Fund of $500,000 for unanticipated emergency repairs. The total compensation paid by the City will be contingent upon actual services provided at the contracted fixed hourly rates as set forth in the agreement and shall not exceed $570,952 over a 5-year term.

BACKGROUND & ANALYSIS:

The Municipal Services Department is responsible for the maintenance and repair of 35 city-owned and operated buildings, not including park restrooms, concession stands, monuments, etc. Due to aging infrastructure, high volumes of service requests from both the public and City staﬀ, vandalism, and other factors, there are times the City requires On-Call services to deal with various issues that may arise. Many types of work require licensed professionals to perform maintenance and repair services with specialized equipment according to strict standards that City Staﬀ cannot always perform. Having an On-Call electrical company allows the City to quickly perform work needed to ensure we are providing a safe environment and minimizing impact to the public and City operations.
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BB&K 2020

AM
ENDMENT NO. 3

TO THE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
RYMAX ELECTRIC, INC.

1. P
arties and Date.

Th
is Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the C ity o f Ontario (“City”) and Rymax Electric Inc. a CORPORATION, a (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 A greement. T he City and Contractor have entered i nto an agreement entitled “ On Call and Urgency Electrical Repair Services FM 2021-1” dated July 1, 2020 (“Agreement”).

2.2 A mendment Purpose. T he City and Contractor desire to amend the A greement to increase compensation by $200,000 for a not to excee d amount of $570,952 over the term of the agreement. The Parties have heretofore entered into Amendment No. 1 dated September 1, 2021, and Amendment No.2 dated October 19, 2021.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to S ect ion 2 of the Agreement.

3. T
erms.

3.1 Amendment. S ection 2 of the Agreement is hereby amended in its entirety to read as follows:
"A
. City agrees to pay, and Contractor agrees to accept , the sum of Five Hundred Seventy Thousand Nine Hundred Fifty - Two Dollars ($570,952) the “Contract Price” subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the work."

3.2 C ontinuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force a nd effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this 281
46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

Amendment No. 3.

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

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

[SIGNATURES ON FOLLOWING PAGE]

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 3 TO MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND RYMAX ELECTRICAL, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO RYMAX ELECTRICAL, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

283
Department: Utilities
Prepared By: Thomas Palmieri
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

A CONSTRUCTION CONTRACT WITH MAMCO INC., A PROFESSIONAL SERVICE AGREEMENT WITH STANTEC CONSULTING SERVICE INC., AND TWO

AMENDMENTS FOR PROFESSIONAL SERVICES WITH AKM CONSULTING ENGINEERS INC. AND TWINING INC. FOR THE MERCEDES LANE AND FERRARI

LANE SEWER IMPROVEMENT PROJECT

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT 1062 to Mamco Inc. of Perris, California, for the Mercedes Lane and Ferrari Lane Sewer Improvement Project, in the amount of $2,055,555 plus a 15% contingency of $308,334 for a total not-to-exceed amount of $2,363,889, a term of 180 calendar days after issuance of notice to proceed, and authorize the City Manager, or his designee, to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

B
.

Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Stantec Consulting Services Inc. of Irvine, California, for a total not-to-exceed amount of $125,500 for construction engineering services and a term from January 16, 2024 to October 31, 2024.

C
.

Approve and authorize the City Manager, or designee, to execute Amendment No. 6 to the Professional Services Agreement with AKM Consulting Engineers of Irvine, California, to amend Agreement amount by $166,289 for a new total not-to-exceed amount of $672,700 for construction management and inspection services and a term from January 16, 2024 to October 31, 2024.

D
.

Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Twining Inc. of Riverside, California, to amend Agreement amount by $38,836 for a new total not-to-exceed amount of $188,836 for geotechnical and material testing services and a term from January 16, 2024 to October 31, 2024.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

284
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The recommended Contract award to Mamco Inc. is for $2,055,555 plus a 15% contingency of $308,334, for a total not-to-exceed amount of $2,363,889. Proposed Professional Services Agreement to Stantec Consulting Services Inc. is for a total not-to-exceed amount of $125,500. Proposed Amendment No. 6 to AKM Consulting Engineers increases the Agreement by $166,289, for a revised Agreement total not-to-exceed amount of $672,700. Proposed Amendment No. 1 to Twining Inc. increases the Agreement by $38,836, for a revised Agreement total not-to- exceed amount of $188,836. The total cost for the recommended action is $2,694,514.

The Fiscal Year 2023-24 Adopted Budget for the Capital Improvement Program includes appropriations in the amount of $229,000 from the Old Model Colony (OMC) Local Sewer Development Impact Fee (DIF) Fund to provide for construction and construction support services for Mercedes Lane and Ferrari Lane Sewer Improvement Project (DIF Project No. SW052 and Capital Improvement Program No. SE2302). If approved, additional appropriations in the the OMC Local Sewer DIF Fund will be included in the next Quarter Budget Update Report to City Council as needed. Appropriations were not originally included in the budget to avoid over appropriation of funds. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The Ontario Center Speciﬁc Plan (The Ontario Plan) and the Piemonte Overlay (Piemonte) is located just north of the Ontario Toyota Arena (including the Adept Development), between Haven Avenue and Milliken Avenue south of 4th Street. This area consists of existing and planned mix of urban commercial, retail, residential, and entertainment land uses.

The backbone sewer infrastructure for this area exists but is not sized to accommodate the full build-out capacity for land uses recently updated in The Ontario Plan.

Recent development proposals for this area include an increase in the number of high-density residential units and expanded commercial/entertainment land uses within Piemonte and the surrounding area. As a result, there will be a greater demand on existing sewer infrastructure to accommodate the buildout of the new mix and entertainment district consistent with the City’s economic development plans. This will require an increase in sewer capacity to the existing infrastructure to support proposed development.

The work under this contract will upsize and replace the sewer mains in Mercedes Lane and Ferrari Lane and will be implemented in two phases. Phase 1 consists of installation of a new diversion manhole on the existing 12-inch sewer in the Concours Street and Mercedes Lane intersection with approximately 1000-feet of 12-inch sewer in Mercedes Lane with installation of new sewer manholes, and installation of a new manhole and connection on the existing 12-inch sewer in Inland Empire Boulevard, installation of 6-inch sewer lateral, removal of approximately 400 feet of existing 8-inch sewer, removal of an existing manhole and abandonment of approximately 115 feet of existing 8-inch sewer in place. Phase 2 consists of construction of a new diversion manhole on
285
existing 12-inch sewer in the Concours Street and Ferrari Lane intersection with approximately 920- feet of new 12-inch sewer in Ferrari Lane, connecting to the existing manhole on Ferrari Lane, and removal of approximately 650-feet of 8-inch sewer in Ferrari Lane. The work under this contract also consists of connecting to the existing sewer systems at various street intersections, bypass of sewer ﬂows, implementation of traﬃc control during construction, concrete and asphalt concrete pavement repair and street restoration (Exhibit A).

On November 16, 2023, nine (9) bids were received for Bid No. 1700, Mercedes Lane and Ferrari Lane Sewer Improvement Project, OMUC Contract No. UT 1062. The bids ranged from a low bid amount of $2,055,555 to a high bid amount of $3,563,700.

The lowest four (4) bids are summarized below:

Bidder
Location
Amount
Mamco Inc.

Perris, CA
$2,055,555
Bonadiman Water Inc.

Riverside, CA
$2,228,440
Weka Inc.

San Bernardino, CA
$2,511,382
Ferreira Construction Co. Inc.

DBA Ferreira Coastal
Construction
Rancho Cucamonga, CA
$2,711,136
Staﬀ reviewed bids for responsiveness and pricing and recommends awarding the contract to Mamco Inc. for the construction of Mercedes Lane and Ferrari Lane Sewer Improvement Project.

Support services will be required during construction, Stantec Consulting Services Inc. will provide construction engineering services as they are the Engineer of Record for the Project and developed the project’s plans and speciﬁcations. AKM Consulting Engineers will provide construction management and inspections services. The City ﬁrst contracted with AKM Consulting Engineers in October of 2019 after an extensive Request for Proposal selection process for on-call project management services. Twining Inc. will provide geotechnical and material testing services. The City ﬁrst contracted with Twining Inc. in May of 2023 after an extensive Request for Qualiﬁcation selection process for on-call geotechnical and material testing services. Staﬀ solicited scope and fee from all consultants.

ENVIRONMENTAL REVIEW:

An Initial Study, a Negative Declaration or Mitigated Negative Declaration will not be necessary for the proposed projects per Section 21080.21. The CEQA exemption for pipelines installed in the public right of way is applicable for projects that are less than one mile and projects that do not consist of any surface work. Thus, this exemption will be applicable for construction of the proposed pipeline segments as the total length is less than one mile.
286

Exhibit “A”

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Department: Public Works
Prepared By: Gil H Mars
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

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

AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE 208 EMPORIA 1ST FLOOR OFFICE RENOVATION

PROJECT AND LIBRARY WORKSTATION PROJECT

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with CalTek Technologies, Inc., of Ontario, California, for the 208 Emporia 1st Floor Office Renovation Project in the amount of $3,534; B
.

Authorize the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement with CalTek Technologies, Inc., of Ontario, California, for the Library Workstation Project in the amount of $4,663 for a total not-to-exceed contract amount of $172,169; and
C
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the General Fund for the 208 Emporia 1st Floor Oﬃce Renovation Project and Library Workstation Project.

Amendment No. 4 will increase the contract amount by $3,534 and Amendment No. 5 will increase the contract amount by $4,663 for a total not-to-exceed contract amount of $172,169.

BACKGROUND & ANALYSIS:

The City’s growth has increased the need for additional staﬀ within the Community Improvement Department located on the 1st Floor of 208 Emporia. To eﬀectively house and support the newly hired personnel, nine new cubicle workstations are being added.

367
The Housing Division, located on the 2nd Floor of 208 Emporia, is utilizing an additional oﬃce space at the Ovitt Library to accommodate staﬃng needs. To eﬀectively house and support the increased personnel, five cubicle workstations are being added.

CalTek Technologies, Inc. will install and integrate data cables to the new workstations and connect them to all network ports. Utilizing CalTek Technologies, Inc.’s services allows for standardization of cable installation citywide.
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1. Parties and Date.

This Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and CalTek T echnologies a CORPORATION, “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated March 2, 2022 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to provide for additional compensation of THREE THOUSAND FIVE HUNDRED THIRTY- FOUR DOLLARS ($3,534). The Parties have heretofore entered into that Amendment No. 1 dated April 4, 2023, Amendment No. 2 dated July 18, 2023 and Amendment No. 3 dated December 5, 2023.

2.3 Amendment Authority . This Amendment No. 4 is authorized pursuan t to Section

3.2.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.2.1 Compensation and Terms of the Agreement is hereby amended in its entirety to read as follows:
“3.2.1 Compensation. Consultant shall receive comp ensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by referenc e. The total compensation shall not exceed ONE HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED SIX DOLLARS ($167,506) without wr itten approval of the City Cou ncil or City Manager, as applicable . Extra work may be authorized, as described below, and if authorized, will be comp ensated at the rates and manner set forth in this agreement.”
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CALTEK TECHNOLOGIES INC
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3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 4, all other provisions of the Agreement rema in in full force and effect and shall govern the actions o f the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequa te and independent consideration for the perfo rmance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment N o. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provis ions shall continue in full force and effect.

3.5 Integration. This Am endment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal comm unications between the Parties, which shall ha ve no relevance unless expressly incorporated herein. This is an integra ted amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND CALTEK TECHNOLOGIES, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO CALTEK TECHNOLOGIES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Tito Haes
Executive Director of Public Works
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
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EXHIBIT “C”

COMPENSATION

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1. Parties and Date.

This Amendment No. 5 to the Agreement (as defined herein) is made and entered as of ____________, by and between t he City of Ontario (“City”) and CalTek T echnologies a CORPORATION, “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered i nto an agreement entitled “Professional Services Agreement” dated March 2, 2022 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to provide for additional compensation of FOUR THOUSAND SIX HUNDRED SIXTY-THREE DOLLARS ($4,663). The Parties have heretofore entered into that Amendment No. 1 dated April 4, 2023, Amendment No. 2 dated July 18, 2023, Amendment No. 3 dated December 5, 2023, and Amendment No. 4 dated January 16, 2024.

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

3.2.1 of the Agreement.

3. Terms.

HUNDRED SEVENTY-TWO THOUSAND ONE HUNDRED SIXTY-NINE DOLLARS ($172,169) 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 comp ensated at the rates and manner set forth in this agreement.”

TWEEN THE CITY OF ONTARIO AND

CALTEK TECHNOLOGIES INC
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BB&K 2020

parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

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

3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Am endment represents th e en tirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal comm unications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integra ted amendment.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 5 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND CALTEK TECHNOLOGIES, INC.

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

CITY OF ONTARIO CALTEK TECHNOLOGIES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Tito Haes
Executive Director of Public Works
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
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EXHIBIT “C”

COMPENSATION

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378
Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH JCOS
DEVELOPMENT, INC. FOR THE JOHN GALVIN PARK RESTROOM RENOVATION

PROJECT

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize Change Order No. 2 to the Construction Contract with JCOS Development, Inc. (JCOS), of Buena Park, California, in the amount of $41,937 for a total not-to-exceed contract amount of $1,196,796, for the John Galvin Park Restroom Renovation Project; and B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Capital Projects-Measure Q Funds for the John Galvin Park Restroom Renovation Project. The proposed Change Order No. 2 will increase the contract amount by $41,937, funded by Measure Q, for a total not-to-exceed contract amount of $1,196,796.

BACKGROUND & ANALYSIS:

On March 21, 2023, the City Council approved a Construction Contract with JCOS for the John Galvin Park Restroom Renovation Project in the amount of $1,050,000 plus a 10% contingency of $105,000 for a total amount of $1,155,000. As the work progressed, JCOS uncovered an existing electrical run that was not to code and a new electrical run had to be installed. Change Order No. 1 addressed the issue but exhausted the contingency. Staﬀ recommends authorizing Change Order No. 2 in the amount of $41,937 to cover remaining construction soil inspections and an additional safety guardrail for the John Galvin Park Restroom Renovation Project.
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(BB&K 2020)

CITY OF ONTARIO

CHANGE ORDER
Project: John Galvin Park Prefab Restroom
Contract Date: April 1,2023
Change Order Number: 2
Change Order Date:

To: JCOS Development, Inc.
8201 Orangethorpe Ave. Suite D
Buena Park, Ca 90621
Attention: Jake Lee
THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK.

NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF ONTARIO.

The Contract is changed as follows:

Change Order # 6 – Guard rail and painting $12,242.59 Change Order # 7 – Soil inspections and testing $29,694 Contractor agrees to furni sh all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.

NOT VALID UNTIL SIGNED BY OWNER
In consideration of the change(s) described above, the Contract Price is adjusted as follows:

The original Contract Price was $__1,050,000___
Net change by previously authorized Change Orders $_104,859.14__ The Contract Price prior to this Change Order was $_1,154,859.14_ The Contract Price will be changed by this Change Order in the amount of $__41,936.59___ The new Contract Price including this Change Order will be $__1,196,795.73_ In consideration of the change(s) describe above, the Contract Time is adjusted as follows:

The Contract Time will be: increased decreased unchanged by _60__Days The Contract Time prior to this Change Order was _270_Days x
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(BB&K 2020)

The new Contract Time including this Change Order will be __320__ Days

Attachments: Change Order # 6 and Change Order # 7
Contractor accepts the terms and conditio ns stated herein as full and final settlement of any and all c laims arising from this Change O rder. The adjustments to the Contract Price and Contract Time in this Change Order constitutes the entire compensation and/or adjustm ent thereto due to Contracto r, including direct, in direct, consequential, and overhead (field and home office) cos ts, due to Contractor arising out of or related to the c hange in the Work covered by this Change Order . By signing this Change Order, Contrac tor agrees to accept the amount of the adjustment t o the Contract Price, and the adjustmen t of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the Work covered by this Change Order.

Accepted:

(Signature) Jake Lee, President Date

Approved:

(Signature) Tito Haes, Executive Director Public Works Date

Approved:

(Signature) Scott Ochoa, City Manager Date

381
Owner: CITY OF ONTARIO Job Site:
1333 S. BON VIEW 1072 N Grove Ave
ONTARIO, CA 91761
CC: Adrian Escamilla Proposal # 2023-ONTARIO-0001-6
SCOPE OF WORK:

1. Guard Rail $8,500.00
- provide and install 1-1/2 std.pipe (O.D 1-7/8) - ASTM A53 - provide and install 1/4"thk baseplate w/ (4) 3/8" simpson strong bolt2 (3" embd)

2. Painting $1,702.16
- provide and apply (1) coat of primer and (2) coats of paint for new guard rail Total Construction Cost $10,202.16
Profit & Overhead (15%) $1,800.38
Bond Fee (2%) $240.05
[Note]

1. Normal working hours applied!

2. Prevailing Wage Proejct

3. Bid does not include any non refundable deposits, fees, plan check, permit fees, & deputy inspection fee.

TWELVE THOUSAND TWO HUNDRED FORTY TWO Dollars & 59/100 Cents DateNameSignature
12/4/2023Jake J Lee
12,242.59$ JCOS’s total price to perform this work – complete in accordance with above specifications, in the amount of:

Buena Park, CA 90621
8201 Orangethorpe Ave., STE D.

CO Project Proposal
Project:
(714) 251.3023
CA License 1031043
John Galvin Park Restroom Renovation - Guard Rail & Painting John Galvin Park
Ontario, CA 91764
382
Item Description Quantity Unit Unit Price Amount Taxable Subtotal Total I Gurad Rail
1-1/2 std.pipe (O.D 1-7/8) - ASTM A53 1 LS $2,590.00 $2,590.00 1/4"thk baseplate w/ (4) 3/8" simpson strong bolt2 (3" embd) 1 LS $1,750.00 $1,750.00 Labor fabricate and install 32 HR $130.00 $4,160.00
Subtotal for I. Gurad Rail $8,500.00
II Painting
Material primer & Paint 1 LS $450.00 $450.00
Labor paint 16 HR $78.26 $1,252.16
Subtotal for II. Painting $1,702.16
III Subtotal for I & II $10,202.16
IV GC Profit & Overhead (15%) $1,800.38
V Bond Fee (III + IV)2% $240.05
CO 6 Grand Total $12,242.59
CO 6 Gurad Rail & Painting
Material
383
RFI No. 15
Work Order No.

Project John Galvin
SUBJECT:

Cost Impact: Yes
Time Impact: Yes
Request for Information
TO
10/06/2023

DATE ISSUED
Description of clarification/information required:

Please inform us such as following items,
David Kim

ISSUED BY
Response:

John Galvin Park

PROJECT NAME
Hand Rail Detail

ATTENTION
Specification Ref.

Authorized by:

Adrian Escamilla
Architect Date
CC:
[email protected]

NEED TO REPLY BY
Contract Drawing
Project Manager Date
415-987-7773

TELEPHONE NUMBER

FAX NUMBER
Shop Drawing Ref.

Responded by:

Information not indicated in drawings or specs
Interpretation of contract or bid documents
Conflict in contract or bid documents
Other:

Per client's request, hand rail needs to be installed on the curb to prevent falling accidents since the curb at ADA area is about 15inch height (Please see attached). Please provide detail/spec for hand rail to install on the curb. 1-1/2" DIA. STEEL PIPE W/ SMOOTH

WELD TO POST
1-1/2" DIA. STEEL PIPE HANDRAIL W/

SMOOTH WELD TO SUPPORT
(WHERE OCCURS)
1-1/2" DIA. STEEL PIPE HANDRAIL

SUPPORT W/ SMOOTH WELD TO POS
(WHERE OCCURS)
MIN.
3'-6"
34" MIN. - 38" MAX.
3'-0"
MAX.
4"
MAX.
4"
1-1/2" DIA. STEEL PIPE POST

FINISH SURFACE PER CIVIL

FOR POST EMBEDMENT,

REFER TO CIVIL DETAIL
2 C5.2

PROVIDE SURFACE MOUNT BASE

PLATE WITH CONCRETE ANCHORS

1. SEE DETAIL PROVIDED. OMIT HANDRAILS NOTED AS THIS

SURFACE IS NOT A RAMP REQUIRING HANDRAILS AND IT IS

UNDERSTOOD CITY IS REQUESTING A GUARDRAIL FOR
PRECAUTIONARY PURPOSES ACCORDINGLY.

MATT ACTON - HOLT ARCHITECTURE
11/16/2023
384
Hand Rail Location
Appox.15in
19'-0"
385
The baseplate will be welded @ site

4. ANY DEMOLITION WORKS

5. ANY STAINLESS STEEL & ALUMINUM WORKS
1 Materials used to be
PRICE
A. 42" guardrail - Approx 19LF $ 8,500.00
SCOPE OF WORK - Prevailing wage
ITEM # DESCRIPTION
BID PROPOSAL / CONTRACT Quote.23.166
MIGU Steel and Iron Works, Inc
6833 Suva Street
Bell Gardens, CA 90201
Tel. 562-977-7956
Lic #1009430, C51 [email protected]

PROPOSAL TO
DATE

ADDRESS
8201 Orangethorpe Ave. STE D., Buena Park, CA 90621

LOCATION
Mr. Jake. J Lee
Price: Eight Thousand Five Hundred & 00/100 Dollars $ 8,500.00 Tel. 714-251-3023 E-mail. [email protected] Dec 4th, 2023 Fabrication & installation
1-1/2 std.pipe (O.D 1-7/8) - ASTM A53

3. COST OF DEPUTY INSPECTION & TEST (SHOP AND/OR SITE)
TOTAL $ 8,500.00
EXCLUSION :

1. ANY WORK NOT MENTIONED ABOVE SCOPE OF WORK.

2. ANY PERMIT INCLUDE STREET PERMIT FOR CRAIN OR DELIVERY TRUCK & TRAFFIC CONTROL.

JCOS Development, Inc

PROJECT NAME

JOHN GALVIN PARK
ATTENTION TEL & E-mail

8. ANY NON-SHIRINK GROUTING WORKS
Alex Mock Mr. Jake. J Lee

HOP DEPPED GALVANIZING, FINISH PAINTING & POWDER COATING Note. This proposal may be withdrawn by us if not accepted within 30 Days .

6. By : MIGU Steel and Iron Works, Inc. By : JCOS Development, Inc

7. ANY CONCRETE WOKS
Provide 1/4"thk baseplate w/ (4) 3/8" simpson strong bolt2 (3" embd) 2 Labor
MIGU Steel & Iron Works, Inc. hereby propose to furnish labor and materials listed below, according to plans and specification all terms and conditions for sum of :
386
Owner: CITY OF ONTARIO Job Site:
1333 S. BON VIEW 1072 N Grove Ave
ONTARIO, CA 91761
CC: Adrian Escamilla Proposal # 2023-ONTARIO-0001-7
SCOPE OF WORK:

1. Soil Inspection/Test
-3rd party soil inspection/compaction test based on SPECIFICATIONS AND CONTRACT DOCUMENTS for bidding the project ; SECTION 31 23 13, EXCAVATION AND FILL, 3.08 INSPECTION AND TESTING Total Construction Cost 24,745.00$
Profit & Overhead (15%) 4,366.76$
Bond Fee (2%) 582.24 $
[Note]

1. Normal working hours applied!

2. Prevailing Wage Proejct

3. Bid does not include any non refundable deposits, fees, plan check, permit fees, & deputy inspection fee.

TWENTY NINE THOUSAND SIX HUNDRED NINETY FOUR Dollars & 10/100 Cents Buena Park, CA 90621
8201 Orangethorpe Ave., STE D.

CO Project Proposal
Project:
(714) 251.3023
CA License 1031043
John Galvin Park Restroom Renovation - Soil Inspection & Test John Galvin Park
Ontario, CA 91764
11/30/2023Jake J Lee
29,694.00$ JCOS’s total price to perform this work – complete in accordance with above specifications, in the amount of:

DateNameSignature
387
Item Description Quantity Unit Unit Price Amount Taxable Subtotal Total I Soil Inspection & Test
Field Services Soils Inspector, 09/18/23, David Pasos 4 HR $150.00 $600.00 Field Services Soils Inspector, 09/20/23, Donte Harp 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 09/22/23, Chris McGee 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 10/05/23, Jayson Huett 4 HR $150.00 $600.00 Field Services Soils Inspector, 10/06/23, Jayson Huett 4 HR $150.00 $600.00 Laboratory Technician, 10/11/23, Miguel Guardado 4 HR $150.00 $600.00 Field Services Soils Inspector, 10/18/23, Jayson Huett 4 HR $150.00 $600.00 Field Services Soils Inspector, 10/23/23, Jayson Huett 4 HR $150.00 $600.00 Field Services Soils Inspector, 10/30/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 10/31/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/01/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/02/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/03/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/06/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/07/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/08/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/09/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/10/23, Jayson Huett 4 HR $150.00 $600.00 Laboratory Native Soil/Import Base-Proctor Test ASTM D1557 3 EA $115.00 $345.00 Professional Project Administration, Clerical 4 HR $70.00 $280.00 Professional Professional Civil Engineer 4 HR $180.00 $720.00 Field Services Soils Inspector, 11/13/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/14/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/15/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/16/23, Jayson Huett 8 HR $150.00 $1,200.00 Field Services Soils Inspector, 11/17/23, Jayson Huett 8 HR $150.00 $1,200.00 Subtotal for I. Soil Inspection & Test $24,745.00
II GC Profit & Overhead (15%) $4,366.76
III Bond Fee (I + II)2% $582.24
CO 7 Grand Total $29,694.00
CO 7 Soil Inspection & Test
388
JOHN GALVIN PARK 31 23 13 – EXCAVATION AND FILL
CITY OF ONTARIO 7 OF 8

3.07 COMPACTING
A. Each layer of fill material shall be compacted by tamping, sheepsfoot rollers, or pneumatic- tired rollers to provide specified relative compaction. At inaccessible locations, provide specified compaction by manually held, operated and directed compaction equipment.

B. Install and compact sand bedding to provide a uniform bearing under the full length of piping and conduits.

C. Unless otherwise indicated, compact each layer of fill material to a relative compaction of at least ninety percent.

D. When fill materials, or a combination of fill materials, are encountered or provided which develop densely packed surfaces as a result of installation or compacting operations, scarify each layer of compacted fill before installing the next succeeding layer.

3.08 INSPECTION AND TESTING
A. The Geotechnical Engineer will inspect and test excavations, sample material quality for testing as set required in Part 2, and observe installation and compaction of fill materials.

B. The Geotechnical Engineer will sample imported fill materials from their designated source and submit samples to the independent approved testing laboratory before delivery to the Project site.

C. Installation of backfill shall be observed by the Geotechnical Engineer.

D. The Geotechnical Engineer will inspect and test excavation Work before the installation of fill and other materials.

E. Compaction: Test compaction in accordance with ASTM D1557, Method C.

F. The Project Inspector will inspect foundation excavations when completed and ready for forms, after forms are in place, and before first placement of concrete.

3.09 PROTECTION
A. Protect the Work of this Section until Substantial Completion.

3.10 CLEANING
A. Remove rubbish, debris, and waste materials and legally dispose of off the Project site.

END OF SECTION
389
9/25/23, 6:14 PM Mail - David Kim - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADRhYWNlNDc1LTM3MWUtNGNjMS1iNjcxLWE5YmM3MTkzNDE3MQAQAE45qxAuzULXuV27Fp7w8y… 1/2 Re: Testing / Reports
David Kim <[email protected]>
Mon 9/25/2023 5:17 PM
To:Adrian Escamilla <[email protected]>
Hi Adrian,
Thank you.

David Kim l Project Engineer
JCOS Development, Inc.
8201 Orangethorpe Ave., STE D.

Buena Park, CA 90621
415.987.7773
[email protected]
From: Adrian Escamilla <[email protected]>
Sent: Monday, September 25, 2023 5:12 PM
To: David Kim <[email protected]>
Subject: RE: Tesng / Reports

Please add on the next change order

Thanks

Adrian Escamilla
City of Ontario | Design and Construction|Project Manager 1333 S Bon View Ontario Ca 91761
Cell # 909 841 - 1841
Oﬃce # 909 395 - 2635

From: David Kim <[email protected]>
Sent: Monday, September 18, 2023 6:19 PM
To: Adrian Escamilla <[email protected]>
Subject: Re: Tesng / Reports

Hi Adrian,

Please see attached. If you have any questions, please let me know.

Thank you.

David Kim l Project Engineer
JCOS Development, Inc.
8201 Orangethorpe Ave., STE D.

Buena Park, CA 90621
390
9/25/23, 6:14 PM Mail - David Kim - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADRhYWNlNDc1LTM3MWUtNGNjMS1iNjcxLWE5YmM3MTkzNDE3MQAQAE45qxAuzULXuV27Fp7w8y… 2/2 415.987.7773
[email protected]
From: Adrian Escamilla <[email protected]>
Sent: Monday, September 18, 2023 5:21 PM
To: David Kim <[email protected]>
Subject: Tesng / Reports

Please review the tech specs for testing. Please send me the attachment you showed me today.

Thanks

Adrian Escamilla
City of Ontario | Design and Construction|Project Manager 1333 S Bon View Ontario Ca 91761
Cell # 909 841 - 1841
Oﬃce # 909 395 - 2635

391
California Testing & Inspections
15957 Vermont Ave, Paramount, CA 90723 | T (213) 748-4900 www.caltestinspection.com
INVOICE 3810 Net 30-days
Date: 11/17/23
Period: 09/15/23 - 11/10/23
JCOS Development
Project: John Galvin Park, City of Ontatio
Attn. David Kim, Project Manager
Description Qty Unit Rate Amount
Field Services
Soils Inspector, 09/18/23, David Pasos4 Hr $150.00 $600.00 Soils Inspector, 09/20/23, Donte Harp8 Hr $150.00 $1,200.00 Soils Inspector, 09/22/23, Chris McGee8 Hr $150.00 $1,200.00 Soils Inspector, 10/05/23, Jayson Huett4 Hr $150.00 $600.00 Soils Inspector, 10/06/23, Jayson Huett4 Hr $150.00 $600.00 Laboratory Technician, 10/11/23, Miguel Guardado4 Hr $150.00 $600.00 Soils Inspector, 10/18/23, Jayson Huett4 Hr $150.00 $600.00 Soils Inspector, 10/23/23, Jayson Huett4 Hr $150.00 $600.00 Soils Inspector, 10/30/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 10/31/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/01/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/02/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/03/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/06/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/07/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/08/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/09/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/10/23, Jayson Huett4 Hr $150.00 $600.00 Laboratory Services
Native Soil/Import Base-Proctor Test ASTM D15573 Ea $115.00 $345.00 Professional Services
Project Administration, Clerical4 Hr $70.00 $280.00
Professional Civil Engineer4 Hr $180.00 $720.00
Total Invoice: $18,745.00

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California Testing & Inspections
15957 Vermont Ave, Paramount, CA 90723 | T (213) 748-4900 www.caltestinspection.com
INVOICE 3816 Net 30-days
Date: 11/29/23
Period: 11/11/23 - 11/29/23
JCOS Development
Project: John Galvin Park, City of Ontatio
Attn. David Kim, Project Manager
Description Qty Unit Rate Amount
Field Services
Soils Inspector, 11/13/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/14/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/15/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/16/23, Jayson Huett8 Hr $150.00 $1,200.00 Soils Inspector, 11/17/23, Jayson Huett8 Hr $150.00 $1,200.00 Total Invoice: $6,000.00
Balance
Invoice #3810, Due 12/16/23 $18,745.00
Total due for this project: $24,745.00

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Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH MARK CHRISTOPHER CHEVROLET, INC. FOR THE PROCUREMENT OF GMC AND

CHEVROLET ORIGINAL EQUIPMENT MANUFACTURER PARTS AND SERVICES

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 3 to the Goods and Services Agreement with Mark Christopher Chevrolet, Inc., of Ontario, California, for the procurement of GMC and Chevrolet Original Equipment Manufacturer (OEM) parts and services in the amount of $60,000, for a total not-to-exceed contract amount of $360,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Equipment Services Fund for the procurement of GMC and Chevrolet OEM parts and services. The proposed Amendment No. 3 will increase the contract amount by $60,000 for a total not-to-exceed contract amount of $360,000.

BACKGROUND & ANALYSIS:

The City owns, operates, and routinely maintains and repairs over 700 vehicles and pieces of equipment to keep them safe and operational. The Fleet Services Department relies on vendors to supply parts and perform certain repairs to our fleet.

In July 2019, the City solicited bids for GMC and Chevrolet OEM parts and repairs for the City’s ﬂeet. 139 vendors were notiﬁed but no bids were received through the City’s electronic bid management system.

Under title 2 Chapter 6 Section 2-6.20 of the Ontario Municipal Code, if no bids are received through the formal or informal procedure, the project may be performed by the employees of the City force account or negotiated contract without further complying with this Chapter. After researching several ﬁrms and performing reference checks, Staﬀ recommended awarding a one-year agreement with four (4) additional one-year terms to Mark Christopher Chevrolet, Inc. for GMC and Chevrolet OEM parts and services. Due to supply chain shortages, price increases in raw materials, and an increased workload, Staﬀ now recommends increasing the total authorized contract amount to ensure the Fleet Services Department can continue to maintain and service vehicles quickly and keep them operational. 394
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BB&K 2020

AMENDMENT NO. 3 TO THE GOODS AND SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

MARK CHRISTOHER CHEVROLET

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Mark Christopher Chevrolet , a Corporation ‘Contractor”. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Goods and Services” dated July 1, 2019 (“Agreement”).

2.2 Amendment Purpose . T he City and Contractor desire to amend the Agreement to increase compensation by $60,000. The Parties have heretofore entered into Amendment No. 1 dated July 1, 2020 and Amendment No. 2 dated June 1, 2021.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 2.1,

12.9, and 12.17 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1 of the Agreement is her eby amended in its en tirety to read as follows:
"“Compensation. Vendor shall rec eive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rate s set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Sixty Thousand Dollars ($360,000) without written approval of City Manager. Ex tra Work may be authorized, as described below, and if authorized, w ill be compensated at the rate s and manner set forth in this Agreement.”
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3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement rema in in full force and effect and shall govern the a ctions of the parties under this Amen dment No. 3. From and after the date of this Amendment No. 3 whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate a nd agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, ille gal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Am endment represents the entirety of the Parties’ un derstanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integra ted amendment.

[SIGNATURES ON FOLLOWING PAGE]

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 3 TO GOODS AND SERVICE

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND MARK CHRISTOPHER CHEVROLET

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO MARK CHRISTOPHER CHEVROLET
By:

Its:

Printed Name:

By:

Its:

Printed Name:

If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

397
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH AMREP

MANUFACTURING COMPANY FOR PARTS AND REPAIRS OF REFUSE TRUCK BODIES

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 3 to the Goods and Services Agreement with AMREP Manufacturing Company, of Ontario, California, for parts and repairs of refuse truck bodies in the amount of $360,000, for a total not-to-exceed contract amount of $2,010,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Proposed Budget includes appropriations in the Equipment Services Fund for parts and repairs of refuse truck bodies. The proposed Amendment will increase the contract amount by $360,000 for a total not-to-exceed contract amount of $2,010,000.

BACKGROUND & ANALYSIS:

The Public Works Agency maintains the vehicles and equipment used by various City departments including the Integrated Waste ﬂeet. To ensure these vehicles and equipment are safe to operate, maintenance and repairs are needed on a regular basis. Due to the specialized parts on the Integrated Waste ﬂeet and equipment, there is a limited number of authorized vendors that can provide them.

On July 2, 2019, City Council approved AMREP Manufacturing Company as a pre-authorized vendor for the supply of parts and manufacturing of refuse truck bodies and approved a ﬁve-year Goods and Service Agreement. Since then, AMREP Manufacturing Company has provided excellence service to the Fleet Services Department for both parts supply and repairs of the Integrated Waste ﬂeet. Due to supply chain shortages and price increases in raw materials, Staﬀ recommends increasing the total authorized compensation to ensure the Fleet Services Department can continue to maintain and repair vehicles quickly and keep them operational so they can provide services to the City of Ontario residents.
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BB&K 2020

AMENDMENT NO. 3 TO THE GOODS AND SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

AMREP MANUFACTURING COMPANY, LLC

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Amrep Manufacturing Company, a Corporation “Contractor”. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “ Goods and Services” dated July 2019 (“Agreement”).

2.2 Amendment Purpose . T he City and Contractor desire to amend the Agreement to increase compensation by $ 360,000. The Parties have heretofor e entered in to A mendment No. 1 dated January 9, 2021, Amendment No.2 July 19, 2022

2.3 Amendment Authority . This Amendment No. 3 is authorized pursuant to Section

12.17 of the Agreement.

3. Terms.

3.1 Amendment. Sectionnb3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Compensation” Vendor shall rec eive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rate s set forth in Exhibit “C” attached hereto and in corporated herein by reference. The total compensation shall not exceed Two Million Ten Thousand Dollars ($2,010,000) without written approval of City Manager. Ex tra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
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3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement rema in in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.3 Adequate Consideration. The Parties hereto irrevocably stip ulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invali d, illegal, or otherwise unenforce able by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. NO. 3 TO GOODS AND SERVICE

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND AMREP MANUFACTURING COMPANY, LLC

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO AMREP MANUFACTURING COMPANY,
LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

401
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CITRUS MOTORS ONTARIO, INC. FOR THE PROCUREMENT OF FORD ORIGINAL

EQUIPMENT MANUFACTURER PARTS AND REPAIR SERVICES

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the Goods and Services Agreement with Citrus Motors Ontario, Inc., of Ontario, California, in the amount of $160,000, for a total not-to-exceed contract amount of $690,000 for the procurement of Ford Original Equipment Manufacturer (OEM) parts and repair services.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Equipment Services Fund for procurement of Ford OEM parts and repair services. The proposed Amendment No. 5 will increase the contract amount by $160,000 for a total not-to-exceed contract amount of $690,000.

BACKGROUND & ANALYSIS:

The City owns, operates, and routinely maintains and repairs over 700 vehicles and pieces of equipment to keep them safe and operational. The Fleet Services Department relies on its vendors to supply parts and perform certain repairs to our fleet.

In July 2019, the City Council awarded a one-year agreement with four (4) additional one-year terms to Citrus Motors Ontario, Inc. Since then, Citrus Motors Ontario, Inc., has met or exceeded expectations of the Fleet Services Department for Ford OEM parts and repair services. Due to supply chain shortages and price increases in raw materials, Staﬀ now recommends increasing the total authorized contract amount to ensure the Fleet Services Department can continue to maintain and service vehicles quickly and keep them operational. 402
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BB&K 2020

AMENDMENT NO. 5 TO THE GOODS AND SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CITRUS MOTORS

1. Parties and Date.

This Amendment No. 5 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City o f Ontario (“City”) and Citrus Motors , a Corporation ‘Contractor”. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Goods and Services” dated July 1 , 2019 (“Agreement”).

2.2 Amendment Purpose . The City and Contractor desire to amend the Agreement to increase compensation by $1 60,000. The Parties have heretofor e entered in to A mendment No . 1 dated July 2020, Amendment No. 2 dated June 28, 2021, Amendment No. 3 dated September 23, 2022, and Amendment No. 4 dated August 4, 2023.

2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 2.1,

12.9, and 12.17 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1 of the Agreement is hereby amended in its en tirety to read as follows:
“Compensation. Vendor shall rec eive compensation, including authorized reimbursements, for all Services rendered under this Agreement at t he rates set forth in Exhibit “C” attached hereto and in corporated herein by reference. The total compensation shall not exceed Six Hundred and Ninety Thousand Dollars ($690,000) without written approval of City Manager. 403
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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 Continuing Effect of Agreement . Except as amended by this Amendment No. 5, all other provisions of the Agreement rema in in full force and ef fect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3.5 Integration. This Am endment represents the entir ety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integra ted amendment.

[SIGNATURES ON FOLLOWING PAGE]

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 5 TO GOODS AND SERVICE

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND CITRUS MOTORS

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

CITY OF ONTARIO CITRUS MOTORS
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

405
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Gina Gomez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

A MAINTENANCE SERVICES AGREEMENT WITH PRO-CRAFT CONSTRUCTION, INC.

AND 24-HOUR EXPRESS SERVICES, INC. FOR ON-CALL PLUMBING SERVICES

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a three-year Maintenance Services Agreement with Pro-Craft Construction, Inc., of Redlands, California, for on-call plumbing services in the amount of $450,000; and authorize the option to extend the agreements for up to two additional one-year terms; and
B
.

Authorize the City Manager or his designee to execute a three-year Maintenance Services Agreement with 24-Hour Express Services, Inc., of Murrieta, California, for on-call plumbing services in the amount of $450,000; and authorize the option to extend the agreements for up to two additional one-year terms.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Facilities & Parks Maintenance Funds for plumbing services and unanticipated repairs. The estimated cost for each Maintenance Services Agreement is $150,000 per year for a total annual cost of $300,000 for both Agreements. The total contract amounts for Pro-Craft Construction, Inc. and 24-Hr Express Services, Inc., shall not exceed $450,000 per Agreement over the 3-year term, for a combined total not-to-exceed amount of $900,000.

At the City's discretion, two (2) additional one-year extensions may be exercised per contract in an amount of $150,000 per year for a total contract amount not-to-exceed $750,000 per contract for a combined total not-to-exceed amount of $1,500,000.
406
BACKGROUND & ANALYSIS:

The Municipal Services Department is responsible for the maintenance and repair of 35 city-owned and operated buildings, not including park restrooms, concession stands, monuments, etc. Due to aging infrastructure, high volumes of service requests from both the public and City Staﬀ, vandalism, and other factors, there are times the City requires on-call services to deal with various issues that may arise. Many types of work require licensed professionals to perform maintenance and repair services with specialized equipment according to strict standards that City Staﬀ cannot always perform. Having an on-call plumbing company allows the City to quickly perform work needed to ensure we are providing a safe environment and minimizing impact to the public and City operations.

The City solicited proposals from vendors in October 2023 for on-call plumbing services. Proposals were received from the following companies through the City’s electronic bid management system in response to Bid No. 1698:

Vendor
Location
Line Item Bid Amount
Pro-Craft Construction, Inc.

Murrieta, CA
$3,866
24-Hour Express Services, Inc.

Redlands, CA
$4,245

After reviewing the responses, Staﬀ determined that Pro-Craft Construction, Inc., and 24-Hour Express Services, Inc., submitted proposals that met all the speciﬁcations required of the On-Call Plumbing Construction Agreement. Staﬀ recommends awarding Pro-Craft Construction, Inc., and 24-Hour Express Services, Inc., based on the proposal, credentials, pricing, references, and ability to respond to urgencies in a timely manner. With the Citywide growth we ﬁnd it beneﬁcial to have two on-call plumbing contractors to minimize disruptions to City operations. Staﬀ will use the lowest priced contractor based on availability.
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BB&K (2023) - 1 - MAINTENANCE SERVICES AGREEMENT

ITY OF ONTARIO

MAINTENANCE 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 24 HR Express Services, Inc., a S-Corporation, with its principal place of business at 26047 Jefferson Ave. #D, Murrieta, CA 92562 ("Contractor").

City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing p lumbing repair services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. The following license classifications are required for this Project: C36-Plumbing Contractor.

2.2 Project.

City desires to engage Contractor to render such services for the On Call and Urgency Plumbing Repair Services FM2023-1 project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 G eneral Scope of Services . Contractor 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 maintenance 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 January 16, 2024 to January 15, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and 408
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BB&K (2023) - 2 - MAINTENANCE SERVICES AGREEMENT

deadlines. The parties may, by mutual, written consent, extend the term of this Contract by amendment for two (2) optional one (1) year terms, if necessary to complete services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Fifty Thousand Dollars ($450,000) without written approval of City’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 P ayment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.2.3 D
eductions . City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement ; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.2.4 R eimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.2.5 E xtra Work . At any time during the term of this Agreement, City may request that Contractor 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.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3 Responsibilities of Contractor.

3.3.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income 409
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BB&K (2023) - 3 - MAINTENANCE SERVICES AGREEMENT

tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

3.3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 C onformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.3.4 Cit y ’s Repres entative. The City hereby designates Vivian Quintana, Facilities Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.3.5 C ontractor ’s Representative. Contractor hereby designates Mike Weimann, President, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative” ). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.6 C
oordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.3.7 S tandard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to 410
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the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.8 Period of Performance.

3.3.8.1 Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.8.2 Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subconsultants, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.3.8.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.3.10 Law
s and Regulations; Employee/Labor Certifications.

3.3.10.1 Compliance with Laws . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations 411
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of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.2 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

3.3.10.3 E
mployment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.4 E mployment Eligibility: Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3. 3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.5 E
qual Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee 412
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or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.7 W
ater Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Con trol Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Tr
aining. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.3.11 I
nsurance .
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3.3.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.3.11.2 M inimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) M
inimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Auto mobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) M
inimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) N
otices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) A
dditional Insured . The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 414
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3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) G eneral Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) A
utomobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respec t to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance, deductible, or self- insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) W
orkers ’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insur ance policy which arise from work performed by the Contractor. (D) A ll Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of 415
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warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.3.11.5 D
eductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.3.11.6 S
ubcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.3.11.7 A cceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.3.11.8 V erification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be rec eived and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.3.11.9 R
eporting of Claims . Contractor shall report to the City, in addition to Contractor’ s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.3.12 S afety . Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 416
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exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devic es, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.13 Bonds.

3.3.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.2 P
ayment Bond . If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.3 B
ond Provisions . Should, in City ’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.3.13.4 S
urety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A. M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3.14 W
ork Site .
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3.3.14.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsur face improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.3.14.2 Fi eld Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.3.15 Los
s and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.3.16 W arranty . Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a peri od of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City , the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 418
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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor ’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 Re
gis tration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

3.4.3 Re
gistration/DIR Co mpliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting f rom such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4.4 Labor
Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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BB&K (2023) - 13 - MAINTENANCE SERVICES AGREEMENT

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.2 E
ffect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.3 A
dditional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.6.2 A
dditional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be 420
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BB&K (2023) - 14 - MAINTENANCE SERVICES AGREEMENT

restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.7 General Provisions.

3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 I
ndependent Contractors and Subcontracting.

3.7.2.1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unles s approved by the City as set forth in Section 3.7.2 .2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 P rior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 De
livery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

24-HR
EXPRESS SEVICES, INC.
26047 JEFFERSON AVE. # D
MURRIETA, CA 92562
Attn: MIKE WEIMANN, PRESIDENT
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Vivian Quintana, Facilities Manager
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.5 A
ttorneys’ Fees . If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.7.6 Ti
me of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.7 Cit y ’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

3.7.8 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.9 A ssignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.7.10 C
onstruction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.7.11 A
mendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 422
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BB&K (2023) - 16 - MAINTENANCE SERVICES AGREEMENT

3.7.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.7.13 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.7.14 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.15 P rohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.16 C
ooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.17 A uthority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.18 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.19 E ntire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

SIGNATURES NEXT PAGE

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND 24-HR EXPRESS SERVICES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ONTARIO 24-HR EXPRESS SERVICES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number
Approved By:

SCOTT OCHOA

CITY MANAGER
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED
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BB&K (2023) Exhibit A-1 MAINTENANCE SERVICES AGREEMENT

EXHIBIT “A”

SCOPE OF SERVICES
PLUMBING CONTRACTOR shall have immediate access to all labor, tools, material, equipment, etc. to complete the work per this agreement.

General Work Conditions and Availability
• Plumbing Contractor shall be knowledgeable in all plumbing aspects; Punctual, Respectful, Clean, and Neat
• Plumbing Contractor shall verify the location of all utilities prior to repair or maintenance and shall be held liable for all damages incurred due to Plumbing Contractor's work-related operations.
• Plumbing Contractor must remain within the maintenance areas to the best of their ability, protect property and facilities adjacent to the maintenance areas, and shall leave the maintenance area clean and in a presentable condition.

In the event improvements of the facilities are damaged, they shal l be replaced with new materials equal or better to the original. Plumbing Contractor shall repair such damage at their expense.

• Have the necessary equipment to perform videotaping of sewer and water lines, locating underground sewer and water lines, hydro jetting and pumping out sewer and water lines as noted below.
• Identify and perform basic and major repairs of plumbing leaks or breaks; solder and braze copper lines; open clogged lines and drains; replace washers, gaskets and other minor parts.

Time Responses
• Plumbing Contractor is required to provide City with a 24- hour emergency number for contract outside normal working hours. The response to an emergency call-out by the Plumbing Contractor shall not be more than two (2) hours.

Equipment. Materials & Required Specifications
• Copper, PVC, Iron, Pex
• Plumbing Contractor must be able to record and submit videos in MJPEG format or better.
• Camera Resolution Specifications:
o Pipe Range: 2", 3", 4", 6"
o Minimum 100 ft cable
o Self-leveling color camera with LED lighting
o Minimum Video Resolution 656(H) x 492(V) NTSC
o 512 Hz Sonde for locating / marking
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BB&K (2023) Exhibit A-2 MAINTENANCE SERVICES AGREEMENT

• Chain Flail Nozzle:
o Pipe Range: 2", 3", 4", 6"
o Minimum l 00 ft cable
o Self-leveling color camera with LED lighting
o Minimum Video Resolution 656(H) x 492(V) NTSC
o 512 Hz Sonde for locating / marking
• Plumbing contractor must have immediate access to a lateral jetter that is at minimum 8.0 GPM, 3000 PSI, 3/8th hose, and CARB compliant.

Sewer Related Plumbing Calls
• Troubleshoot, investigate, and identify breaks and offsets in sewer lines with proper markings.
• Investigate and identify areas of low pressure and its cause(s). • Be able to hydro jet the City's Mainline and other sewer lines as instructed by authorized City staff.
• Be able to remove roots from sewer lines.
• Be able to install property cleanouts and manholes as directed by authorized City staff.

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BB&K (2023) Exhibit B-1 MAINTENANCE SERVICES AGREEMENT

EXHIBIT “B”

SCHEDULE OF SERVICES

ON CALL AND URGENCY PLUMBING REPAIR SERVICES

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BB&K (2023) Exhibit C-1 MAINTENANCE SERVICES AGREEMENT

EXHIBIT “C”

COMPENSATION
BID SCHEDULE 1
ON – CALL AND URGENCY PLUMBING REPAIR SERVICES
AT
VARIOUS CITY LOCATIONS FM 2023-1
January 16, 2024 - January 15, 2027

NO. LABOR RATES PER HOUR
1 Regular Hours (Mon -Fri) per worker $175.00 Based on Prevailing Wage
2 Regular Hours (Mon -Fri) two workers $350.00 Based on Prevailing Wage
3 After Hours (and weekends) per worker $262.50 Based on Prevailing Wage
4 After Hours (and weekends) two workers $525.00 Based on Prevailing Wage
5 3 Year – percentage Markup for Materials
Supplies, and Parts
% 15% Markup
Note: Include all miscellaneous cost for
equipment, truck, etc.
$85 Flat trip charge
$195 Hydro-Jetter
$195 Camera & Locator
$135 Leak Detection Equipment

**Please ensure the rates you are proposing are consistent with the most recent prevailing wage rates set forth by the Department of Industrial Relations

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BB&K (2023) Exhibit C-2 MAINTENANCE SERVICES AGREEMENT

BID SCHEDULE 2
ON – CALL AND URGENCY PLUMBING REPAIR SERVICES
AT
VARIOUS CITY LOCATIONS FM 2023-1
January 16, 2027 - January 15, 2028, 1st OPTIONAL YEAR

CONTRACT

NO. LABOR RATES PER HOUR
1 Regular Hours (Mon -Fri) per worker $192.50 Based on Prevailing Wage
2 Regular Hours (Mon -Fri) two workers $385.00 Based on Prevailing Wage
3 After Hours (and weekends) per worker $288.75 Based on Prevailing Wage
4 After Hours (and weekends) two workers $577.50 Based on Prevailing Wage
5 3 Year – percentage Markup for Materials
Supplies, and Parts

15% Markup
Note: Include all miscellaneous cost for
equipment, truck, etc.
$85 Flat trip charge
$195 Hydro-Jetter
$195 Camera & Locator
$135 Leak Detection Equipment

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BB&K (2023) Exhibit C-3 MAINTENANCE SERVICES AGREEMENT

BID SCHEDULE 3
ON – CALL AND URGENCY PLUMBING REPAIR SERVICES
AT
VARIOUS CITY LOCATIONS FM 2023-1
January 16, 2028 - January 15, 2029, 2ND OPTIONAL YEAR

CONTRACT

15% Markup
Note: Include all miscellaneous cost for
equipment, truck, etc.
$85 Flat trip charge
$195 Hydro-Jetter
$195 Camera & Locator
$135 Leak Detection Equipment

**Please ensure the rates you are proposing are consistent with the most recent prevailing wage rates set forth by the Department of Industrial Relations

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BB&K (2023) Exhibit C-4 MAINTENANCE SERVICES AGREEMENT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ontario (hereinafter designated as the “City”), has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

BB&K (2023) Exhibit C-5 MAINTENANCE SERVICES AGREEMENT

pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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BB&K (2023) Exhibit C-6 MAINTENANCE SERVICES AGREEMENT

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

433
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BB&K (2023) - 1 - MAINTENANCE SERVICES AGREEMENT

ITY OF ONTARIO

MAINTENANCE 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 Pro-Craft Construction, Inc., a California Corporation, with its principal place of business at 500 Iowa Street, Redlands, CA 92373 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the On Call and Urgency Plumbing Repair Services FM2023-1 project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 G
eneral Scope of Services . Contractor 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 maintenance 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 January 16, 2024 to January 15, 2027, unless earlier terminated as provided herein. Contractor shall complete the 434
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BB&K (2023) - 2 - MAINTENANCE SERVICES AGREEMENT

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 Contract by amendment for two (2) optional one (1) year terms, if necessary to complete services.

3.2 Compensation.

3.2.3 D eductions . City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement ; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.2.4 R eimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3 Responsibilities of Contractor.

BB&K (2023) - 3 - MAINTENANCE SERVICES AGREEMENT

respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

3.3.3 C
onformance to Applicable Requirements . Al l work prepared by Contractor shall be subject to the approval of City.

3.3.4 Cit y ’s Representative. The City hereby designates Vivian Quintana, Facilities Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.3.5 C ontractor ’s Representative. Contractor hereby designates Christopher Mcfayden, President, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative” ). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.6 C oordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

BB&K (2023) - 4 - MAINTENANCE SERVICES AGREEMENT

the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.8 Period of Performance.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the perform ance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.3.10 Law
s and Regulations; Employee/Labor Certifications.

BB&K (2023) - 5 - MAINTENANCE SERVICES AGREEMENT

3.3.10.2 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

3.3.10.3 E
mployment Eligibility; Subcontractors, Sub -subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub -subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.5 E
qual Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee 438
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BB&K (2023) - 6 - MAINTENANCE SERVICES AGREEMENT

3.3.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, e missions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.7 W
ater Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Tr
aining. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.3.11 I
nsurance .
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3.3.11.2 M
inimum Req uirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) M
inimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) N
otices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) A
dditional Insured . The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 440
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3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) G eneral Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) A
utomobile Liabil ity. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance, deductible, or self- insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) W
orkers ’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) A
ll Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of 441
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warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.8 V erification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A ) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.13 Bonds.

3.3.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in t he amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.3 B
ond Provisions . Should, in Cit y’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.3.13.4 S
urety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3.14 W ork Site .
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3.3.14.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.3.16 W arranty . Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, re gardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City , the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 444
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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor ’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 R
egistrat ion/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

3.4.3 Re
gistration/DIR Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

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3.5 Termination of Agreement.

3.6 Indemnification.

3.6.2 A dditional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be 446
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restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.7 General Provisions.

3.7.2 I
ndependent Contractors and Subcontracting.

3.7.2.1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2 .2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, r ules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 P
rior Approval Required. Contractor shall not use any
Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

Contractor:

PRO-CRAFT
CONSTRUCTION, INC.
500 IOWA STREET
REDLANDS, CA 92373
Attn: CHRISTOPHER MCFAYDEN, PRESIDENT
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Vivian Quintana, Facilities Manager
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3.7.4 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests f or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.5 A
ttorneys’ Fee s. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.7.6 Ti
me of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.7 Cit y ’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

3.7.8 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.11 A
mendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 448
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3.7.13 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.7.16 C
ooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.18 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

SIGNATURES NEXT PAGE

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND PRO-CRAFT CONSTRUCTION, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ONTARIO PRO-CRAFT CONSTRUCTION, INC

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number
Approved By:

SCOTT OCHOA

CITY MANAGER
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED
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BB&K (2023) Exhibit A-1 MAINTENANCE SERVICES AGREEMENT

EXHIBIT “A”

SCOPE OF SERVICES
PLUMBING CONTRACTOR shall have immediate access to all labor, tools, material, equipment, etc. to complete the work per this agreement.

In the event improvements of the facilities are damaged, they shal l be replaced with new materials equal or better to the original. Plumbing Contractor shall repair such damage at their expense.

BB&K (2023) Exhibit A-2 MAINTENANCE SERVICES AGREEMENT

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BB&K (2023) Exhibit B-1 MAINTENANCE SERVICES AGREEMENT

EXHIBIT “B”

SCHEDULE OF SERVICES

ON CALL AND URGENCY PLUMBING REPAIR SERVICES

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BB&K (2023) Exhibit C-1 MAINTENANCE SERVICES AGREEMENT

EXHIBIT “C”

COMPENSATION
BID SCHEDULE 1
ON – CALL AND URGENCY PLUMBING REPAIR SERVICES
AT
VARIOUS CITY LOCATIONS FM 2023-1
January 16, 2024 - January 15, 2027

NO. LABOR RATES PER HOUR
1 Regular Hours (Mon -Fri) per worker $175.00
2 Regular Hours (Mon -Fri) two workers $349.00
3 After Hours (and weekends) per worker $241.00
4 After Hours (and weekends) two workers $481.00
5 3 Year – percentage Markup for Materials
Supplies, and Parts

15% Markup
Note: Include all miscellaneous cost for
equipment, truck, etc.

See Attachment

**Please ensure the rates you are proposing are consistent with the most recent prevailing wage rates set forth by the Department of Industrial Relations

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BB&K (2023) Exhibit C-2 MAINTENANCE SERVICES AGREEMENT

BID SCHEDULE 2
ON – CALL AND URGENCY PLUMBING REPAIR SERVICES
AT
VARIOUS CITY LOCATIONS FM 2023-1
January 16, 2027- January 15, 2028, 1st OPTIONAL YEAR

CONTRACT

NO. LABOR RATES PER HOUR
1 Regular Hours (Mon -Fri) per worker $179.00
2 Regular Hours (Mon -Fri) two workers $359.00
3 After Hours (and weekends) per worker $245.00
4 After Hours (and weekends) two workers $490.00
5 3 Year – percentage Markup for Materials
Supplies, and Parts

15% Markup
Note: Include all miscellaneous cost for
equipment, truck, etc.

See Attachment

**Please ensure the rates you are proposing are consistent with the most recent prevailing wage rates set forth by the Department of Industrial Relations

455
46700.00100\40935194.1

BB&K (2023) Exhibit C-3 MAINTENANCE SERVICES AGREEMENT

BID SCHEDULE 3
ON – CALL AND URGENCY PLUMBING REPAIR SERVICES
AT
VARIOUS CITY LOCATIONS FM 2023-1
January 16, 2028 - January 15, 2029, 2ND OPTIONAL YEAR

CONTRACT

NO. LABOR RATES PER HOUR
1 Regular Hours (Mon -Fri) per worker $184.00
2 Regular Hours (Mon -Fri) two workers $368.00
3 After Hours (and weekends) per worker $250.00
4 After Hours (and weekends) two workers $500.00
5 3 Year – percentage Markup for Materials
Supplies, and Parts

15% Markup
Note: Include all miscellaneous cost for
equipment, truck, etc.

See Attachment

**Please ensure the rates you are proposing are consistent with the most recent prevailing wage rates set forth by the Department of Industrial Relations

456
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BB&K (2023) Exhibit C-4 MAINTENANCE SERVICES AGREEMENT

457
46700.00100\40935194.1

BB&K (2023) Exhibit C-5 MAINTENANCE SERVICES AGREEMENT

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BB&K (2023) Exhibit C-6 MAINTENANCE SERVICES AGREEMENT

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BB&K (2023) Exhibit C-7 MAINTENANCE SERVICES AGREEMENT

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 460
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BB&K (2023) Exhibit C-8 MAINTENANCE SERVICES AGREEMENT

relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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BB&K (2023) Exhibit C-9 MAINTENANCE SERVICES AGREEMENT

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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Department: Police Department
Prepared By: Nicole Alvarez
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT:

PURCHASE AND IMPLEMENTATION OF AUTOMATED LICENSE PLATE

RECONGITION SYSTEM

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That City Council authorize the City Manager or his designee to execute all documents necessary for the purchase and implementation of twenty Automated License Plate Recognition (ALPR) cameras from Flock Systems of Atlanta, GA in the amount of $1,487,500.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Information Technology budget for the subscription-based system of $2,500 per camera, for a total yearly cost of $295,800. The Fiscal Year 2023-24 includes appropriations from the Capital Project Fund (Measure Q) for the purchase of twenty new Flock cameras for the Real Time Information Center. The proposed contract and yearly subscription cost will have a not-to-exceed amount of $1,487,500.

BACKGROUND & ANALYSIS:

The Ontario Police and Information Technology (IT) Departments intend to purchase and enhance the Automated License Plate Recognition (ALPR) system already deployed throughout the City. With the additional equipment, the subscription-based ALPR system will total 106 pole-mounted cameras that will be used by the Police Department to monitor, assist in solving crimes, collect evidence for criminal prosecution and monitor “Amber Alerts.”

The Ontario Police Department utilizes the FLOCK License plate reader system regularly. The most common use of the system is automated alerting of stolen vehicles. When one of the 86 already installed cameras receive notiﬁcation on a stolen vehicle license plate, the police dispatch center is immediately notiﬁed. A picture of the plate and vehicle is delivered for conﬁrmation. To date, the Police Department have received 1,213 notiﬁcations and recovered over 200 stolen vehicles.

Another beneﬁt to the FLOCK system is the investigative value to apprehend suspects related to crimes. This tool is imperative to the successful ﬁling of cases with the San Bernardino County District Attorney’s Office.

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By renewing this contract now, the Police and IT Departments will be securing the previously quoted price of $2,500 per camera for 5 years. This will also streamline the contract process with Flock by adding all subscriptions to one contract.
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Department: Management Services
Prepared By: Jordan T Villwock
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT:

A PROFESSIONAL SERVICES AGREEMENT WITH CARDO CONSULTING, INC. TO

ASSIST IN THE IMPLEMENTATION AND COORDINATION OF THE NEW FIRE

AMBULANCE PROGRAM

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorizes the City Manager or designee, to approve a Professional Services Agreement with Cardo Consulting, Inc., of Temecula, California, for the implementation and coordination of the new Fire Ambulance Program for a not-to-exceed contract amount of $390,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The cost of year one is $120,000, year two is $90,000, for a total not-to-exceed amount of $210,000. The contract allows for two additional one year extensions. If exercised, the cost of year three would not exceed $90,000, and the cost of year four would also not exceed $90,000. If both option years are exercised, the new total contract not-to-exceed amount of $390,000 will be added to the General Fund in future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

In 2020, the City of Ontario began experiencing more frequent delays in ambulance response times. Since this problem was seen throughout the County of San Bernardino, the Consolidated Fire (CONFIRE) JPA responded to the County of San Bernardino Request for Proposals for Ambulance Services and proposed a public/private partnership. On December 5, 2023, the County of San Bernardino selected a new ambulance provider and awarded the contract to CONFIRE. In preparation for the new service model, as a participating CONFIRE agency, CARDO Consulting, Inc., would assist the City in the implementation and coordination of the new Fire Ambulance Program, provide technical recommendation to the Ontario Fire Department, and provide updates to the City on budget, policies, and procedures within the CONFIRE Emergency Medical Services Division.
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BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ____th day of January , 2024, 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 Cardo Consulting Inc., a California Corporation ("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 professional consulting, and emergency medical project management services to public clients, is licensed in the State of California, is familiar with the plans of City, and has the necessary qualifications to provide such services.

2.2 Project.

City desires to engage Consultant to render such professional services for the implementation and transition of the City’s Fire Ambulance and Emergency Medical Services (“EMS”) program from a private provider, American Medical Response, to a public-private partnership lead by the Consolidated Fire Agencies (“CONFIRE”) ("Project") as set forth in this Agreement.

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 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 for two (2) years from January 17, 2024 to January 16, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Project and all Services within the term of this Agreement, and shall meet any agreed upon schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, for all Services rendered under this Agreement at the rates set forth in this section. The total compensation shall be $10,000 per month in year one and $7,500 per month in year two for all work performed inclusive of all costs not-to-exceed $210,000 for the initial term. If option years are exercised, it is understood that compensation will be at or below year two’s compensation which will be determined when option years are exercised. 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 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.

3.2.3 No Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses.

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.

3.3 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, 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.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to 500
BB&K (2023) -3- PROFESSIONAL SERVICES AGREEMENT
meet the Schedule of Services.

3.3.3 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Ray Gayk, President.

3.3.4 City's Representative. The City hereby designates Darlene Sanchez, Assistant City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Any changes to the Scope of Services shall be made only by written agreement between Consultant and City Manager, City's Representative, their designee.

3.3.5 Consultant's Representative. Consultant hereby designates Ray Gayk, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct all Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.6 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as used by professionals in the same discipline in the State of California.

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all of its employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.3.8 Period of Performance.

3.3.8.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.8.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.8.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.9 Laws and Regulations; Employee/Labor Certification.

3.3.9.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.9.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed 502
BB&K (2023) -5- PROFESSIONAL SERVICES AGREEMENT
a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.9.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.9.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.9.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

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

3.3.10 Insurance.

3.3.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the 503
BB&K (2023) -6- PROFESSIONAL SERVICES AGREEMENT
indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.10.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional 504
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insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.10.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.10.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.10.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the 505
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required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.10.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.10.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.10.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.10.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
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3.3.10.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and 507
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harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except by providing written notice to City at least thirty (30) days before the effective date of such termination provided that the City may waive this notice period. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

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

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that 508
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arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the Services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

Consultant: Cardo Consulting, Inc.
[Address on File]
ATTN: Ray Gayk, President
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Darlene Sanchez, Assistant City Manager
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a 510
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party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant 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. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State 511
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of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 512
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3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
Cardo Consulting, Inc.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO Cardo Consulting, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

City Clerk
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BB&K (2023) Exhibit “A” PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"

SCOPE OF SERVICES
The City of Ontario agreed to become a contracting agency of CONFIRE, a Joint Powers Agency, to establish a Fire Ambulance program within the City’s jurisdiction. As a part of its contract, the City of Ontario is loaning CONFIRE up to $20 million dollars to assist in the implementation of the Fire Ambulance program. Cardo Consulting Inc., with Ray Gayk as its President, will be retained to assist in the implementation and coordination of the new Fire Ambulance program in order to continue providing necessary emergency services within the City. The scope of services in general will include the following:

1. The Consultant shall advise the City on how to navigate transitioning Fire Ambulance services between CONFIRE and the City’s current Fire Ambulance provider, American Medical Response, to ensure there’s no loss of service, efficiency, or quality.

2. The Consultant shall assist in an advisory role with various planning and system implementation endeavors related to the $20 million dollar CONFIRE loan, ensuring the City’s Fire Ambulance and emergency services needs are met.

3. The Consultant shall make recommendations to the Ontario Fire Department with regard to the technical aspects of establishing a Fire Ambulance program, including appropriate internal controls for strengthening safeguards to reduce risk, provide exceptional service, and utilize funds efficiently.

4. The Consultant shall provide status updates to City staff concerning CONFIRE’s implementation of the Fire Ambulance program and use of funds, advising the City on further action when necessary.

5. The Consultant shall advise in the review of CONFIRE’s budget during the transition, related Policies and Procedures, and identify deficiencies and weaknesses to make recommendations for improvements.

6. The Consultant shall advise City staff on any additional tasks/projects identified as related to the scope of services provided in this Exhibit. 515
BB&K (2023) Exhibit “C” PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"

SCHEDULE OF SERVICES
The contract is a two-year agreement spanning from January 17, 2024 through January 16, 2026, with the City having the option to renew this agreement automatically for no more than two (2) additional one-year terms. At the time each project is assigned, a mutually agreed upon time schedule will be determined. If it is determined that any project will take more time than the agreed upon schedule, the Consultant will notify the City’s representative of the change via email immediately after the determination is made.
516
Department: Management Services
Prepared By: Tricia Almiron
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 22
SUBJECT:

AN AMENDMENT TO THE AGREEMENT FOR THE JOINT EXERCISE OF POWERS

RELATIVE TO THE SAN BERNARDINO ASSOCIATED GOVERNMENTS

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments to for San Bernardino Associated Governments (SANBAG), now referred to as the San Bernardino Council of Governments (SBCOG), to increase membership dues by $27,553, for a total of $123,395.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The proposed Amendment No. 4 will increase the membership dues for the City of Ontario from $95,842 to $123,395 over a two-year period. If approved, appropriations in the General Fund will be requested during the budget process in Fiscal Year 2024-25 and Fiscal Year 2025-26.

BACKGROUND & ANALYSIS:

The purpose of the SBCOG is to address important regional issues that aﬀect its Member Agencies. This collective voice represents electeds from 24 cities and towns, and the San Bernardino County Board of Supervisors. Recognizing that many issues and concerns are not constrained by municipal boundaries, SBCOG provides a forum to reduce duplication of eﬀort and share information. This collaboration helps strengthen regional advocacy and funding opportunities in the San Bernardino County.

SBCOG is governed by a Joint Powers Authority (JPA) and has relied on funds from the Property Assessed Clean Energy/Home Energy Renovation Opportunity program to supplement dues. These programs are no longer an adequate option for funding and the JPA has agreed to increase member dues. The budget increase will be incremental over two years and will enhance work capacity. The new formula consists of 50% population and 50% General Fund Tax Revenues. The dues for the City of Ontario will increase by $27,553.

The existing JPA Agreement speciﬁes the particular method by which Member Agencies are to be assessed for membership dues. Currently, that method is to utilize a formula of 50% population and 50% assessed valuation. The JPA came to a consensus that the method of assessment is 517
outdated. To change the method and move forward with the preferred assessment, the JPA Agreement must be amended.

This Amendment to the SBCOG funding structure will fund the implementation of the Emergency Communication Nurse System, and research and preparation for creation of a Housing Trust. It will also provide grant writing for the Regional Early Action Program 2.0 (REAP 2.0) being funded through the California Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG).
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This Amendment No. 4 to the Agreement for the Joint Exercise of Powers (“Agreement”) Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Loma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.

RECITALS

1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;

2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and

3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and

4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and

5. WHEREAS, the Agreement’s funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.

NOW, THEREFORE, the parties hereto agree as follows:

1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments (“SBCOG”). All instances of “San Bernardino Associated Governments” in the Agreement are replaced with “San Bernardino Council of Governments.” All instances of “SANBAG” are replaced with “SBCOG.” All instances of “the Association” or “the association” in reference to the joint powers entity are replaced with “the COG.”

2. The article titled “ASSESSMENTS” is removed and replaced in its entirety with the following:

ASSESSMENTS

10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying how member agency dues shall be assessed, and will also allow for optional, subscription 519
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
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assessments that member agencies may opt in to on a voluntary basis, based on a Board- adopted budget or budget amendment and a subscription work program.

Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. Assessments shall be payable on or before August 1 for the fiscal year starting July 1.

In addition to the assessments referenced in the preceding paragraphs, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.

When such advances are made, they shall be repaid from the first available funds.

The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.

All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget.”

3. This Amendment No. 4 shall become binding upon each party hereto upon that party’s execution.

Signed and attested by the following:

Jurisdiction Date
City of Adelanto
City of Apple Valley
City of Barstow
City of Big Bear Lake
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
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JPA-Amndmnt4 3 of 3
City of Highland
City of Loma Linda
City of Montclair
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Town of Yucca Valley
County of San Bernardino
Board Adopted: January 3, 2024
521
New
Assessed Value Base Sales Tax + Total Current Assessment Total Current Population Fiscal Year Property Tax Original 2016 2022 Assessments 50% Population/ Assessments + Jurisdiction 2022 2022/2023 Revenues (1) Assessment (2) Assessment (3) Assessment (4) (2)+(3)+(4) 50% Revenue New Assessment (5) Adelanto 36,357 $3,011,709,510 8,290,201 $1,856 $5,337 $8,000 $15,193 $10,379 $25,572 Apple Valley 75,628 $7,557,490,866 25,206,081 $4,166 $5,337 $8,000 $17,503 $23,345 $40,848 Barstow 25,202 $1,724,738,920 19,590,846 $1,200 $5,337 $8,000 $14,537 $10,247 $24,784 Big Bear Lake 5,041 $4,416,276,035 18,299,262 $1,204 $5,337 $8,000 $14,541 $5,221 $19,762 Chino 91,998 $17,295,592,739 75,528,060 $6,985 $5,337 $8,000 $20,322 $38,292 $58,614 Chino Hills 77,964 $14,639,278,992 32,696,782 $5,915 $5,337 $8,000 $19,252 $25,546 $44,798 Colton 53,617 $5,016,940,896 31,398,593 $2,873 $5,337 $8,000 $16,210 $19,534 $35,744 Fontana 212,809 $27,019,267,552 108,183,439 $13,084 $5,337 $8,000 $26,421 $73,906 $100,327 Grand Terrace 13,042 $1,347,509,349 5,765,052 $729 $5,337 $8,000 $14,066 $4,339 $18,405 Hesperia 100,324 $8,075,905,550 23,814,083 $5,065 $5,337 $8,000 $18,402 $28,847 $47,249 Highland 56,546 $4,500,367,999 21,881,584 $2,843 $5,337 $8,000 $16,180 $18,124 $34,304 Loma Linda 25,349 $2,827,789,573 12,255,309 $1,466 $5,337 $8,000 $14,803 $8,664 $23,467 Montclair 37,846 $4,280,071,001 31,424,075 $2,203 $5,337 $8,000 $15,540 $15,830 $31,370 Needles 4,876 $495,248,695 8,921,710 $270 $5,337 $8,000 $13,607 $3,114 $16,721 Ontario 179,516 $36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 $95,842 $123,395 Rancho Cucamonga 174,476 $32,965,855,079 87,561,737 $13,287 $5,337 $8,000 $26,624 $60,344 $86,968 Redlands 72,585 $12,032,086,055 66,216,730 $5,129 $5,337 $8,000 $18,466 $31,673 $50,139 Rialto 103,954 $13,115,586,958 111,985,260 $6,372 $5,337 $8,000 $19,709 $49,142 $68,851 San Bernardino 220,840 $19,097,789,522 129,701,848 $11,462 $5,337 $8,000 $24,799 $80,540 $105,339 Twentynine Palms 27,685 $1,137,526,790 10,674,796 $1,139 $5,337 $8,000 $14,476 $8,865 $23,341 Upland 79,139 $11,532,952,948 41,173,743 $5,217 $5,337 $8,000 $18,554 $27,692 $46,246 Victorville 136,561 $11,444,656,207 65,149,801 $7,001 $5,337 $8,000 $20,338 $46,484 $66,822 Yucaipa 54,494 $5,524,015,696 19,954,046 $3,020 $5,337 $8,000 $16,357 $17,217 $33,574 Yucca Valley 21,813 $2,270,934,302 11,976,891 $1,223 $5,337 $8,000 $14,560 $7,771 $22,331 County 300,003 $42,962,663,648 1,122,622,000 $19,598 $5,330 $8,000 $32,928 $318,100 $351,028 2,187,665 $290,515,911,972 2,333,448,755 $137,523 $133,418 $200,000 $470,941 $1,029,059 $1,500,000 NOTES:
(1) Base sales tax (7.75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducted (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY2015/2016, the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year (5) $1.5M total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% Population/50% Revenue.

SBCOG General Assessment Dues & Potential Increase
522
Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Rudy Zeledon, Henry
Noh, Kimberly Ruddins
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT:

A PUBLIC HEARING TO CONSIDER FILE NO. PUD21-002, A PLANNED UNIT DEVELOPMENT FOR A 0.48-ACRE PARCEL OF LAND LOCATED AT 413 WEST

EMPORIA STREET SUBMITTED BY JWDA-MS ARCHITECTS

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance Approving File No. PUD21-002, the Emporia Work/Live Lofts Planned Unit Development, establishing development standards and design guidelines to facilitate joint work/live quarters at 413 West Emporia Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. Implementation of the Planned Unit Development would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impacts fees.

BACKGROUND & ANALYSIS:

On March 22, 2021, JWDA-MS Architects ﬁled an application for the proposed Emporia Work/Live Planned Unit Development (PUD), File No. PUD21-002. Subsequently, the Applicant submitted a Development Plan, File No. PDEV21-011, and a Conditional Use Permit, File No. PCUP23-011, to facilitate the construction and operation of nine (9) work/live loft units.

The Project site is comprised of 0.48-acres of unimproved land located at 413 West Emporia Street within the LUA-2N (Arts District- North) of the MU-1 (Downtown Mixed Use) zoning district. Land uses surrounding the Project site are also located within the LUA-2N (Arts District- North) of the MU- 1 (Downtown Mixed Use) zoning district and are characterized by a mixture of residential uses, light industrial, and commercial uses to the east and west; a 125-unit aﬀordable housing development, known as Emporia Family Housing, across Emporia Street to the north; and the Southern Paciﬁc Railroad Corridor to the south.
523

The Policy Plan (General Plan) of The Ontario Plan (TOP) speciﬁes that the Downtown Mixed-Use area to be implemented through the approval of an Area Plan or PUD prior to the development of properties. In compliance with this requirement, the Applicant has submitted the Emporia Work/Live Lofts PUD (included as Attachment A to the Ordinance), which is consistent with vision, goals, and policies of the Policy Plan. A Planned Unit Development is comparable to a Speciﬁc Plan in that it establishes development regulations that are unique to a speciﬁc area. However, unlike a Speciﬁc Plan, a Planned Unit Development is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

EMPORIA WORK/LIVE PLANNED UNIT DEVELOPMENT:

Key components of the Emporia
Work/Live Lofts PUD include the following:

Land Use and Development Regulations
— The MU-1 (Downtown Mixed Use) zoning district
allows for commercial and residential mixed-use development at a density of 25.1 to 75 dwelling units per acre and a building intensity of 2.0 Floor Area Ratio. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the Emporia Work/Live Lofts PUD allows for development of joint work and live quarters, with a maximum building height of 35 feet (3 stories).

Landscaping
— The landscaping concept is centered around the use of sustainable and low water use plant materials. As an example, varying species of evergreen and deciduous trees with interest in form and foliage color may be integrated in the landscape design. Pattern and planting should create a visible connection to pedestrian pathways and sidewalks. The PUD also requires the landscaping and irrigation be drought tolerant and meet the current Water Use Classiﬁcations of Landscape Species requirements. Due to building placement, the use of container landscapes is encouraged and may be used along street frontages.

Parking and Circulation
— Oﬀ-street parking requirements for the Project requires a minimum of 1 parking space per bedroom and 3 spaces per 1,000 gross ﬂoor area of works space. All parking space size and location requirements shall conform to the standards set forth in Section 6.03.045 (Off-street Parking Standards) of the Ontario Development Code.

Access to Mass Transit
— Omnitrans Route 61, also identiﬁed as the future West Valley Connector Bus Rapid Transit (BRT), has existing bus stops on West Holt Boulevard near South Vine Avenue and South Palm Avenue, which is less than one quarter of a mile from the Project site.

Architectural Character
— The PUD includes architectural design guidelines, speciﬁc to the downtown location and mixed-use building type, and establishes the following design principles:
• Create an architectural character that reﬂects the various styles within the historic downtown by using similar proportions, building details and building material; and • Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged. 524

HOUSING ELEMENT COMPLIANCE:

The Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan as the Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE
: The California State
Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council approved and adopted the ONT ALUCP, establishing the Airport Inﬂuence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Inﬂuence Area, as they relate to noise, safety, airspace protection, and overﬂight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overﬂight Notiﬁcation Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, ﬁnds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP.

ENVIRONMENTAL REVIEW:

The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-ﬁll Development Projects) of the CEQA Guidelines, and meets all of the following conditions:

• The proposed Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed-Use land use designation of the Policy Plan (General Plan) Land Use Map, and the LUA-2N (Arts District- North) of the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1/LUA-2N (Downtown Mixed Use/Arts District- North) zoning district and the related proposed Planned Unit Development, which, at the Project location, intends to accommodate a mixed-use development of housing and work spaces; • The Project occurs within city limits on a project site of no more than ﬁve acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.48-acres of land, which is surrounded by established development on all sides and consists of a mix of multi-family, commercial, and warehouse land uses;
• The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area that has been fully developed with a paved surface for vehicular parking, and as such is not suitable habitat for any endangered, rare, or threatened species. 525
Additionally, the site has not been identified on the federal or state designation maps; • Approval of the Project would not result in any signiﬁcant eﬀects relating to traﬃc, noise, air quality, or water quality. The work/live land use is similar to, and of no greater impact than other allowed uses and development projects within the LUA-2N (Arts District- North) of the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any signiﬁcant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the Air Quality and Health Risk Assessment, Noise Analysis, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project; • The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and • The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2.

PLANNING COMMISSION REVIEW:

On December 18, 2023, the Planning Commission conducted a public hearing and voted 5-0 to recommend that City Council approve the Emporia Work/Live Planned Unit Development. At the same meeting, the Planning Commission approved a
Development Plan (File No. PDEV21-011) to
construct 9 work/live units that consists of 252 square feet of ground ﬂoor commercial and 1,419 square feet of residential on the upper 2 levels of a mixed-use development and a Conditional Use Permit (File No. PCUP23-011) to establish and operate live/work units, contingent upon City Council approval of the subject Application. 526
Case Planner: Diane Ayala Hearing Body Date Decision Action Planning Director
Approval:

DAB 11/20/2023 Approve Recommend (File
PDEV21-011)
PC 12/18/2023
Recommend (File No.

PUD21-002) Final
(PCUP23-011 and
PDEV21-011)
Submittal Date: March 22, 2021 CC Final
FI
LE NOS: PUD21-002, PDEV21-011, and PCUP23-011
SUB
JECT: A public hearing to consider a Planned Unit Development (File No. PUD21- 002) in conjunction with a Development Plan (File No. PDEV21 -011) to construct 9 work/live units that consists of 252 square feet of ground floor commercial and 1,892 square feet of residential on the upper 2 levels of a mixed -use development and a Conditional Use Permit (File No. PCUP23-011) to establish and operate live/work units on

0.48 acres of land located at 413 West Emporia Street within LUA-2N (Arts District- North) of the MU-1 (Downtown Mixed Use) zoning district; submitted by JWDA-MS Architects. City Council action is required for File No. PUD21-002.

PRO
PERTY OWNER: David Liu
REC
OMMENDED ACTION: That the
Planning Commission consider and
recommend that the City Council
approve File No. PUD21 -002, and
approve File Nos PDEV21-011 and
PCUP23-011, pursuant to the facts and
reasons contained in the staff report and
attached resolutions, and subject to the
conditions of approval appended to the
attached resolutions as "Attachment A.”
PR
OJECT SETTING: The Project site is
comprised of 0.48 acres of unimproved
land located at 413 West Emporia Str eet
(see Figure 1: Project Location). Land uses
surrounding the P roject site are
characterized by a mixture of residential
uses, light industrial, and commercial uses
to the east and west ; a 125-unit
affordable housing development known
as Emporia Family Housing across
Emporia Street to the north; and the Southern Pacific Railroad Corridor to the south. The existing surrounding land uses, zoning, and Policy Plan ( general plan) and specific plan Figure 1: Project Location
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

AGENDA REPORT
December 18, 2023
Project
Site
Recommend
Approval /
Approve
02/06/2024
527
Planning Commission Agenda Report
File Nos.: PUD21-002, PDEV21-011, and PCUP23-011
December 18, 2023

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Ontario City CouncilJanuary 16, 2024

Ontario City Council
January 16, 2024