Agenda packet — Ontario City Council, March 5, 2024 (part 2 of 2)

1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”).

No proposal will be accepted nor any contract entered into without proof of the proposer’s and subcontractors’ current registration with the DIR to perform public work.

Per the above requirement, following are proof of DIR registration of Transtech and its sub-consultants:

Name DIR No.

PRIME CONSULTANT: TRANSTECH ENGINEERS, Inc. 1000062980
SURVEY SUPPORT: VANLENCO, Inc. 1000050259
LANDSCAPE ARCHITECTURE SUPPORT: WITHERS & SANDGREN, Ltd. 1000571165 GEOTECHNICAL ENGINEERING SUPPORT: GEO-ADVANTEC, Inc. 1000017767 FUNDING / LABOR COMPLIANCE SUPPORT: AVANT GARDE, Inc. (DBE/WBE Firm) 1000441070 RIGHT-OF-WAY AND UTILITY CONSULTING SUPPORT, EPIC Land Solutions, Inc. 1000054135 ARCHITECTURAL, STRUCTURAL, MEP CONSULTING SUPPORT: IDS GROUP, Inc. 1000034536 ENVIRONMENTAL CONSULTING SUPPORT: IMPACT SCIENCES, Inc. (DBE/WBE Firm) 1000456902 HAZ-MAT TESTING CONSULTING SUPPORT: PROPERTY HEALTH, Inc. 1000806681

Please see below copies of DIR registration print outs from California Department of Industrial Relations.

PRIME CONSULTANT: TRANSTECH ENGINEERS, Inc.

SURVEY SUPPORT: VANLENCO, Inc. LANDSCAPE ARCHITECTURE SUPPORT: WITHERS & SANDGREN, Ltd., Inc.

Document Control Page 81 of 83
173

D&C22-019, PROJECT MANAGEMENT SERVICES
PROPOSAL – 13. Appendices 80

GEOTECHNICAL ENGINEERING SUPPORT: GEO-
ADVANTEC, Inc.

FUNDING / LABOR COMPLIANCE SUPPORT: AVANT
GARDE, Inc. (DBE/WBE Firm)

RIGHT-OF-WAY AND UTILITY CONSULTING SUPPORT, EPIC
Land Solutions, Inc.

ARCHITECTURAL, STRUCTURAL, MEP CONSULTING
SUPPORT: IDS GROUP, Inc.

ENVIRONMENTAL CONSULTING SUPPORT: IMPACT
SCIENCES, Inc. (DBE/WBE Firm)
HAZ-MAT TESTING CONSULTING SUPPORT: PROPERTY
HEALTH, Inc.

Document Control Page 82 of 83
174

D&C22-019, PROJECT MANAGEMENT SERVICES
PROPOSAL – 13. Appendices 81
b. Non-Collusion Declaration

TRANSTECH ENGINEERS, INC.

Transtech Engineers, Inc. Principal
February 21, 2023 Chino
California
Transtech Engineers, Inc.

Ali Cayir, Principal
February 21, 2023
Document Control Page 83 of 83
175
D&C22-019, PROJECT MANAGEMENT SERVICES
PROPOSAL – 8. Fee Proposal 69

8. Fee Proposal
Belo
w is Transtech’s Schedule of Hourly Rates.

Field Technician $80 - $90 Labor Compliance Analyst $140 - $145 Engineering Technician $90 - $100 Funds Coordinator $145 - $155 Assistant CAD Drafter $100 - $115 Office Engineer $140 - $150 Senior CAD Drafter $115 - $130 Construction Inspector $135 - $145 Associate Designer $130 - $145 Senior Construction Inspector $145 - $155 Senior Designer $145 - $160 Construction Manager $155 - $175 Design Project Manager $180 - $190 Resident Engineer $175 - $190 Assistant Engineer $110 - $120
Associate Civil Engineer $135 - $145 Public Works Inspector $135 - $145 Senior Civil Engineer $190 - $210 Senior Public Works Inspector $145 - $155 Traffic Analyst Technician $95 - $105 Supervising PW Inspector $155 - $165 Associate Traffic Analyst $140 - $150
Senior Traffic Analyst $150 - $160 Survey Analyst $140 - $145 Professional Transportation Planner $160 - $175 Senior Survey Analyst $145 - $150 Traffic Engineer Technician $90 - $100 2-Man Survey Crew $330 - $340 Associate Traffic Engineer $135 - $145 Survey & Mapping Specialist $175 - $185 Traffic Engineer $160 - $175 Licensed Land Surveyor $200 - $210 Senior Traffic Engineer $175 - $195
Project Manager $175 - $195 Funds Analyst $140 - $145
Senior Project Manager $195 - $215 Senior Funds Analyst $145 - $155 Deputy City Engineer $160 - $180 Grant Writer $160 - $170 City Engineer $180 - $195 Funds & Grant Project Manager $180 -- $190 Principal Engineer $195 - $215
Community Development Technician $75 - $85
Permit Technician $70 - $80 Planning Technician $85 - $95 Plan Check Technician/Analyst $100 - $120 Assistant Planner $95 - $115 Building Inspector $120 - $125 Associate Planner $115 - $135 Senior Inspector $125 - $135 Senior Planner $135 - $160 Plans Examiner/Checker $135 - $150 Planning Manager $160 - $180 Plan Check Engineer $150 - $160
Deputy Building Official $150 - $160 Administrative/Clerical $65 -- $75 Building Official $160 - $170 Project Accountant $75 -- $85 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FUNDING & GRANT WRITING

PLANNING

ADMINISTRATIVE STAFF

SURVEY AND MAPPING

PUBLIC WORKS INSPECTION

BUILDING & SAFETY

ENGINEERING CONSTRUCTION MANAGEMENT
Document Control Page 71 of 83
"EXHIBIT B"
176
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: 7
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR ON-CALL GEOTECHNICAL CONSULTING, MATERIALS

TESTING, AND SPECIAL INSPECTION SERVICES

CITY OF ONTARIO
Agenda Report
March
5, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, to provide on-call geotechnical consulting, materials testing, and special inspection services for the City Hall Expansion - Parking Structure Project in the amount of $461,981 for a total contract amount not-to-exceed $928,535.

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 this project. The proposed Amendment No. 4 for the geotechnical consulting, materials testing, and special inspection services for the City Hall Expansion – Parking Structure Project is a not to exceed amount of $461,981 for a total not-to-exceed contract amount of $928,535.

BACKGROUND & ANALYSIS:

Amendment No. 4 to the Professional Services Agreement with Kleinfelder, Inc. had previously been approved by the City Council on November 21, 2023. However, Staﬀ identiﬁed that the not-to-exceed contract amount of $511,746 listed on the agenda report and contract was incorrect. Staﬀ is now recommending approving Amendment No. 4 to the on-call Professional Services Agreement with Kleinfelder, Inc. to reﬂect the correct not-to-exceed contract amount of $928,535.

The City Hall Expansion includes a new Fire Station 01, Fire Administration Building, New City Hall Annex, and a Parking Structure. Kleinfelder, Inc. completed the Phase 1 Geotechnical Survey for the City Hall Parking Structure and is familiar with the project scope. Construction of the City Hall Parking Structure will require additional geo-technical surveys along with special inspections. 177
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BB&K 2020

AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
KLEINFELDER, INC.

1. Parties and Date.

This Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and be tween the City of Ontario (“City”) and Kleinfelder, Inc, a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “On-Call Material Testing & Geotechnical Engineering Services” dated March 7, 2023 (“Agreement”).

2.2 Amendment Purpose. T he City and Consultant desire to amend the Agreement to add Special Inspection and additional Geotechnical Services for D&C22-012 City Hall Parking Structure and increase the not to exceed amount by FOUR HUNDRED SIXTY-ONE THOUSA ND NINE HUNDRED EIGHTY-ONE DOLLARS ($461,981.00). The Parties have heretofore ente red into the Amendment No. 1 d ated April 4 , 2023, Amendment No. 2 dat ed May 2 , 2023, Amendment No. 3 dated May 17, 2023,

2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 3.2.4 of the Agreement.

3. Terms.

3.1 Amendment. S ection 3.2.1, Exhibit A of the Agree ment is hereby amen ded in its entirety to read as follows:

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates se t forth in Exhibit " A" 178
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BB&K 2020

and attached hereto and incorporated herein by reference. The t otal compensation shall not exceed Nine Hundred Twenty -Eight Thousand Five Hundred Thirty -Five Dollars ($928,535) 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 co mpensated at the rates and manner set forth in this Agreement.

Exhibit “A” – Scope of Services is hereby amended t o add Attachment A which is here to and incorporated herein by reference. All ot her previously added or deleted scope of services are retained in their entirety.

3.2 Continuing Effect of A greement. 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 a ctions of 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. T he Parties hereto irrevocably stipulate and agree that they have each re ceived adequate and independent consi deration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdicti on, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the en tirety of the Parties’ un derstanding relating to the subject of this Amendment, in cluding written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an inte grated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROVIDE MATERIAL TESTING AND

GEOTECHNICAL ENGINEERING SERVICES BETWEEN THE CITY OF ONTARIO AND KLEINFELDER, 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 KLEINFELDER, 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

180

620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185

September 11, 2023
Kleinfelder Proposal No.: MW180685.001P

City of Ontario
Mr. Daniel Beers
1333 S. Bon View Avenue
Ontario, California 91761

SUBJECT: Request for Additional Authorization to Provide Special Inspection and Materials Testing Services
Parking Structure & Storm Drain Installation Project
Intersection at East D Street and North Sultana Avenue
Ontario, California 91764

Dear Mr. Beers:

Kleinfelder Inc. is pleased to present this request for additional authorization to provide special inspection and materials testing services for the subject project. Kleinfelder has recently completed a geotechnical investigation on this site which consisted of document research, performance of onsite borings, laboratory testing, engineering evaluation, and report preparation.

Our knowledge of the existing site conditions provides additional benefits to the City as the project moves into construction. This request for additional authorization includes a description of our understanding of the project, our proposed scope of services, and our estimated fees.

Kleinfelder is committed to providing quality service to its clients, commensurate with their wants, needs, and desired level of risk. If a portion of this request for additional authorization does not meet your needs, or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals.

Modifications such as changes in scope, methodology, and scheduling may result in changes to the risks assumed by the client, as well as adjustments to our fees.

The purpose of our services is to provide quality assurance inspection and testing to assess compliance with the project plans and specifications during construction. This request for additional authorization is based on our knowledge of the project and recent experience with similar type projects. The following information forms the basis of this request for additional authorization and cost estimate.

PROJECT UNDERSTANDING

Kleinfelder understands that the City of Ontario plans to construct a new 6½ -story above ground parking structure south of the proposed Fire Station No. 1 located southwest of the intersection at East D Street and North Sultana Avenue. We anticipate that the design-build parking structure will be constructed with reinforced concrete and encompass an approximately 48,750 square foot area. Additionally, the property includes an existing 24-inch storm drain line and existing drainage Attachment "A"
181

KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185 system located on North Sultana Avenue. Given the redevelopment of the property, the City plans to discontinue the existing storm drain line and install a new storm drain connecting to the existing drainage infrastructure on North Sultana Avenue.

During construction, the project will require onsit e testing and observation services for soil and asphalt as well as onsite inspection services durin g placement of rebar, masonry components, concrete, and post-tensioning. We understand onsite welding inspections for the manufactured stairs may also be required. At the time of our req uest for additional authorization preparation, a construction schedule, project plans, and project specifications were not available for our review.

SCOPE OF SERVICES

Kleinfelder will provide special inspection and materials testing services on an as-requested basis for the parking structure and storm drain installat ion project. Our services will include onsite observation, inspection, and materials testing during site grading, utility trench backfill, site and trench paving, reinforcing steel and tendon placement, Por tland cement concrete placement, structural masonry placement, post-tensioning, bolting, welding, and all associated laboratory testing.

During construction we anticipate assisting the City of Ontario with contractor submittal reviews. We anticipate these reviews will include proposed Port land cement concrete mix designs. Following completion of our special inspection and materials testing services we will prepare final summary reports of our observations, inspections, and materials testing services.

Our services will be coordinated with the City’s on site representatives. The overall proposed scope of Kleinfelder services are provided in the f ollowing tasks which provide the basis of our cost estimate.

SPECIAL INSPECTION & MATERIALS TESTING SERVICES

Site Grading & Utility Trench Backfill
We will provide a field technician working under th e supervision of a Geotechnical Engineer to perform observation and compaction testing services during site grading and utility trench backfill activities. This service will also include onsite o bservation and testing during placement of aggregate base. In general, our services will be provided on a continuous basis during site grading and utility trench backfill operations.

During construction, samples of the engineered fill soils and aggregate base will be collected for laboratory maximum density/optimum moisture content determinations. Additionally, samples of pipe bedding materials will be collected for laboratory sand equivalent value testing. We anticipate samples of aggregate base will be collected for R-v alue determinations, sand equivalent value, sieve analysis, and Los Angeles abrasion testing to assess conformance with data provided in the geotechnical report and/or contractor submittals.

Structure Access/Trench Paving
Our services will include preparation of the subsur face materials prior to surface paving and monitoring of the surfacing materials upon arrival to the site. Our representative will notify the City Inspector immediately should conditions exceed acce pted ranges for the material type placed.

In-place density testing and monitoring of construc tion materials will be performed continuously during placement activities. Samples of the constru ction materials will be collected daily for 182

KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185 laboratory testing. At this time, we anticipate tha t vehicular access to the parking structure and storm drain trench paving will consist of placement of asphalt concrete on crushed aggregate base. Field sampling and laboratory testing for asphalt paving is expected to include stability value (S-value), laboratory test maximum density (LTMD), binder content, and gradation on composite samples. Should Portland cement concrete be utilize d as the surfacing material for vehicular access to the parking structure, we will perform on site sampling and preparation of field cast specimens for laboratory compressive strength determinations.

Portland Cement Concrete Placement
Kleinfelder will provide ACI certified field techni cians and ICC certified special inspectors to observe and test structural concrete. Our inspector s will observe placement, sample, and test structural concrete used in footings, columns, beam s, slab-on-grade, and post tensioned decks.

Our field services will include monitoring of slump, mix-design identification, temperature testing, time of batching/placement, mixing time, and casting of concrete cylinders for compression testing of structural concrete delivered to the site. We will pick up and deliver concrete specimens to our laboratory for compressive strength testing.

We have assumed that Portland cement concrete batch plant inspection will not be required. If requested, Kleinfelder can provide batch plant inspection after receiving appropriate authorization from the City. We anticipate that the contractor will provide the proper submittals for concrete that will eliminate the need for qualification testing by us, therefore our fee does not include testing of concrete aggregates for acceptance testing.

Placement of Reinforcing Steel and Tendons
Kleinfelder will provide an ICC certified special i nspector to inspect placement of the reinforcing steel and post-tensioned tendons prior to placement of concrete. Reinforcing steel is checked for size, spacing, type, grade, identification, placement, and configuration. Tendons are checked for size, type, identification, spacing, profile, and a lignment. Stressing of tendons will be observed on a continuous basis and stresses and elongations will be recorded. We will also collect samples of reinforcing steel and tendons which will be tran sported to our facility for laboratory testing as required by the project plans and specifications.

Structural Masonry Observation
During the lay-up of masonry units, our ICC certified special inspector will inspect reinforcing steel utilized during masonry construction activities for size, grade, vertical and horizonal placement, and clearances. Additionally, they will observe if cleanouts are provided for the first course of each pour if high lift method is used, mortar ingre dients and batching techniques, and they will prepare mortar compression test specimens for laboratory testing.

During grouting observations, our inspector will ob serve the grout mix for conformance to the approved mix design, slump is in general accordance with specifications, and consolidation during placement and later during reconsolidation. Our ins pector will monitor time between batching of grout, flow of grout throughout wall, grout pour he ight, and they will prepare grout specimens and/or prisms.

Our inspector will collect samples of mortar, grout, and composite masonry prisms following field curing for transportation to our laboratory for fur ther curing and determination of compressive strength.

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KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185 Field Welding and Bolting Inspection
During field welding observations, our ICC certifie d special inspector will check all welders’ certifications and the Welding Procedure System (WP S). We will inspect joints for proper preparation, including bevel, root faces, and root opening. Continuous inspection will be performed on complete and partial joint penetration groove welds, multiple pass fillet welds, slot welds, and single pass fillet welds as required by the contract documents.

At this time, we anticipate that structural steel components will be fabricated in a City of Los Angeles approved fabrication shop and will reduce onsite we lding inspections and eliminate the need for fabrication shop inspection services by Kleinfelder.

During high strength bolting observation, we will r eview type of joint specified, check bolts, nuts, and washers for compliance to project specifications, review the procedure for installation of bolts, monitor the installation of bolts to verify the sel ected installation procedure is properly used to tighten and torque the bolts per the project requirements.

LABORATORY TESTING SERVICES

Our laboratory testing will be conducted in general accordance with ASTM procedures. Samples collected from the job site will be secured and delivered to our local Ontario laboratory for testing as required. Our budget for materials testing inclu des laboratory maximum density/optimum moisture content; sieve analysis; sand equivalent v alue; Los Angeles abrasion; asphalt stability value; asphalt binder content and gradation; labora tory test maximum density; R-value determinations; compressive strength testing of con crete, masonry block, masonry mortar, masonry prisms, and masonry grout; tension, elongat ion, and bend testing of reinforcing steel; and tension and elongation for PT strands to check conformance with the project specifications.

Laboratory testing will be performed in accordance with the plans, specifications, and local jurisdictional requirements to evaluate whether the materials comply with project requirements and are suitable for their intended use. Results of laboratory testing will be reviewed and prepared in typewritten reports for submittal to the appropriate City staff, project manager, and designated team members. Results of tests indicating material not meeting minimum project requirements will be immediately communicated with the project design professionals.

PROJECT MANAGEMENT & ADMINISTRATION

Kleinfelder’s Project Manager, Mr. Mike Dorsch, wil l coordinate our services with the City and other stakeholders. Mr. Dorsch will be supported with in-house special inspectors and technicians from our local Ontario office and laboratory having the appropriate experience and certifications necessary to perform observations, inspections, and materials testing services on the project site.

Construction Meetings
Our proposed scope of services and fee estimate inc ludes attendance at a pre-construction conference. During this meeting we will identify th e project team members, their project roles for development of a distribution list of our reports, review the construction schedule, and discuss potential construction concerns. We have also included attendance during additional construction meetings to be held during construction activities.

184

KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185 Technical Management
Kleinfelder will provide technical consultation. Th ese services may include field observations, research, as requested engineering review, interpre tation of laboratory results, communication, and generation of requested professional recommendations.

DFRs summarizing the work performed and conformance of the work with the project requirements will be reviewed by our project manage r. Items found in non-compliance with the project requirements will be brought to the attenti on of the general contractor’s construction superintendent, and the City’s representative immediately upon findings.

Final Reports
Upon completion of the parking structure pad, a final pad report will be provided detailing in-place density and moisture results for all tests taken. A t the completion of the project, a final summary report will be prepared to document all our special inspection and materials testing services.

As-Needed Additional Consultation
If needed, we can provide other services that may b e required during construction, such as reviewing structural design calculations, material submittals (in addition to those previously mentioned) and responding to requests for information (RFIs). If requested, these services will be invoiced at our approved fee rates with the City of Ontario.

ASSUMPTIONS

During our request for additional authorization pre paration certain assumptions were required based on the available information provided. The following assumptions were made based on the provided information:

• No construction schedule, project plans, and/or pr oject specifications were provided at the time of request for additional authorization preparation; • Work will be performed during normal business hour s, typically between 6 AM and 5 PM; • Overtime services will not be required (more than eight hours per day, Saturday, Sunday, holidays, etc.);
• Work is subject to payment of California Prevailin g Wages; • Laboratory and field testing will be performed is general accordance with ASTM standards; • The cost of any equipment (i.e. scaffold, scissor lifts, telescopic booms, ladders, shoring, etc.) to gain access to any area requiring inspecti on or sampling of materials is not included in this request for additional authorization;
• We are not providing fabrication shop inspection a nd/or batch plant inspection for asphalt concrete or Portland cement concrete;
• Out of town travel (more than 50 miles from the pr oject site) and/or lodging will not be required;
• Preparation of supplemental reports and addendum l etters and review of plans and specifications are not included in our fee; and
• Responses to review agencies or additional work th at may be requested by reviewing agencies are not included.
185

KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185 It should be noted our services will not include: ( 1) supervision, direction, or acceptance of the contractor's work; (2) interpretation or modificati on of the project plans or specifications; (3) submittal of test results or reports to any reg ulatory agency (unless specifically requested by the client in writing); or (4) job site safety.

ESTIMATED FEE

We propose our services be compensated on a time-an d-expense basis as shown in our attached fee estimate. For the scope of work outlin ed above, we will use the current approved rates associated with our on-call contract with the City of Ontario. We have estimated an approximate budget of $461,981.
00 for this project, as reflected in the attached time-and-expense Table 1 - Fee Estimate. It should be noted that the fee rates shown in Table 1 - Fee Estimate are inclusive of standard equipment charges. We do not anticipate using equipment that is non-standard (coring equipment, rebar locators, or other non-standard equipment) for this project.

A “show-up” fee for scheduled services that are canceled after arrival if any, will incur a two-hour minimum charge. All field inspection and testing se rvices are based on portal-to-portal from our local Ontario office and laboratory and will be bil led in accordance with the Basis of Charges on the attached Table 1 - Fee Estimate.

It should be noted that the fees above do not antic ipate overtime or double time work on the project. The rates associated with overtime and double time work are 1.5 and 2.0 times the listed hourly rates in Table 1 - Fee Estimate. Overtime for our services is defined as work on the project by a single person in excess of eight hours per day . Double time for our services is defined as time worked in excess of 12 hours per day (M-F), in excess of 12 hours per day on Saturday, and all time worked on Sundays and holidays. Overtime work can significantly impact our testing and inspection budget for the project. While we will be diligent in our attempts to keep overtime to a minimum, please be aware that contractor scheduling and performance are the primary causes for overtime work. Proficient contractor performance and scheduling minimizes additional testing and inspection time, consequently resulting in lower total fees. In the event conditions arise which are beyond our control, were unknown at the time th is request for additional authorization was prepared, unanticipated based on the available info rmation, or differ significantly from the assumptions shown below, we may need to revise our scope of work and estimated fees to complete the project. Should this occur, we will co ntact you for authorization before exceeding the project budget.

Our estimate is provided on a time-and-expense basi s. It should be noted that our total fees on the project can fluctuate for a variety of unpredicted reasons beyond our control including weather conditions, the quality and performance of the cons truction materials used, and the contractor’s team, as well as the contractor’s approach and sche duling of construction sequences.

Jurisdictional requirements not identified at the outset of the project, or other unpredictable events that develop over the course of the project, can co ntribute to additional unplanned inspection or unanticipated engineering consultation not factored into our estimate.

AUTHORIZATION

We anticipate that the City of Ontario will sign th e attached Request for Additional Authorization form referencing our Professional Services Agreemen t (Amendment Number 19). Provided that the approval for this request is consistent with previously negotiated terms and conditions, we will 186

KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185 execute and return an executed original copy to you for your records. If there is a need for any change in the scope of work or schedule described i n this request for additional authorization or changes to the terms and conditions of those previo usly negotiated, please call us immediately.

Changes may require revision of the proposed fee, w hich will be communicated to you upon assessment of the requested changes' effect on the fee.

All information gathered by Kleinfelder is considered confidential and will be released only to those specified by the construction documents, or to othe rs upon written authorization by the client, or as required by law.

Kleinfelder offers a range of assessment and engine ering services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive assessment or engineering yields more information, which may help understand and manage the degree of risk.

Since such detailed services involve greater expens e, our clients participate in determining the level of service that provides adequate information for their purposes at an acceptable level of risk. Acceptance of this change order will indicate that the City of Ontario has reviewed the scope of services and determined that it does not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in a change in fees.

LIMITATIONS

The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for fieldwork will require modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mit igate these unanticipated conditions, if applicable.

Our work will be performed in a manner consistent w ith that level of care and skill ordinarily exercised by other members of Kleinfelder’s profess ion practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinion and recommendations will be based on a limited number o f observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the service s, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely respon sible for the direction and quality of the work, adherence to plans and specifications, and repair of defects.

This request for additional authorization is valid for a period of 90 days from the date of the request for additional authorization unless a longer period is specifically required in which case that time frame will apply. This request for additional autho rization was prepared specifically for the client and its designated representatives and may not be p rovided to others without Kleinfelder’s express permission.

The fee specified in this request for additional au thorization is based upon the assumption that the site will be accessible to field personnel. If weather, access, or site conditions restrict our field operations, we may need to revise our fee estimate.

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KLEINFELDER 620 S. Magnolia Bldg. G, Ontario, CA 91762 p | 909-.657.1716 f | 909.988.0185

CLOSURE

We appreciate the opportunity to submit this request for additional authorization and look forward to working with you on this project. If there is a need for any change in the scope of service or schedule described in this request for additional a uthorization, or if you have any questions or require additional information, please call the undersigned at 909.657.1721.

Sincerely,

KLEINFELDER

Mike Dorsch Dany Hanna, PE
Project Manager Client Account Manager

Attachments:

Table 1 – Fee Estimate
Request for Additional Authorization Form

188

MW180685.001P/ONT23P158153 September 11, 2023
Copyright 2023 Kleinfelder www.kleinfelder.com

TABLE 1 – FEE ESTIMATE

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Intersection of East D Street and North Sultana Avenue
PARKING STRUCTURE PROJECT Number of Visits Hours Each Visit Total Rate Cost (Days) (Hours) (Hours)
Special Inspection and Materials Testing Services
Soil/Asphalt Technician 40 8 320 $138.00 $44,160.00
Reinforced Concrete Inspector 130 8 1040 $138.00 $143,520.00 ACI Concrete Technician 40 8 320 $138.00 $44,160.00
PT Concrete Inspector (2 inspectors per stressing event) 44 8 352 $138.00 $48,576.00 Structural Masonry Inspector 30 8 240 $138.00 $33,120.00 Welding & Bolting Inspector 15 8 120 $138.00 $16,560.00 Sample Pick-up 50 2 100 $105.00 $10,500.00
ESTIMATED SUBTOTAL $340,596.00
Total Rate Cost
(Units/Ea.)
Laboratory Testing Services
Masonry Grout Compression (Assume 15 sets of 4) 60 $40.00 $2,400.00 Masonry Mortar Compression (Assume 6 sets of 4) 24 $40.00 $960.00 Masonry Prism Compression (Assume 6 sets of 3) 18 $150.00 $2,700.00 CMU Absorption and Received Moisture 9 $120.00 $1,080.00 CMU Compression 9 $125.00 $1,125.00
CMU Dimension Verification 9 $55.00 $495.00
Non-Shrink Grout Compression (assume 3 sets of 3) 9 $40.00 $360.00 Concrete Compression (Assume 85 sets of 5) 425 $40.00 $17,000.00 Modified Proctor 8 $290.00 $2,320.00
Modified Proctor Oversize Correction 4 $90.00 $360.00
Metal Bend 50 $55.00 $2,750.00
Rebar Tensile, up to No. 11 50 $120.00 $6,000.00
PT Strand Tensile 15 $205.00 $3,075.00
Bolt Assembly Suite (Bolt, Nut, Washer) 3 $285.00 $855.00 Hveem Stability without Compaction 2 $220.00 $440.00
Unit Weight, Hveem Method 2 $370.00 $740.00
AC Content by Extraction 2 $260.00 $520.00
Gradation of Extracted Aggregate 2 $150.00 $300.00
ESTIMATED SUBTOTAL $43,480.00
Total Rate Cost
Project Management & Administration (Hours/Units)
Project Manager (Planning, Project Management, Review of Project Documents, Meetings) 85 $200.00 $17,000.00 Geotechnical Engineer (Review, Consultation, Meetings) 20 $210.00 $4,200.00 Project Administrator 45 $135.00 $6,075.00
Project Coordination 30 $105.00 $3,150.00
Parking Structure Pad Report (Lump Sum) 1 $2,000.00 $2,000.00 Final Observation and Testing Summary Report (Lump Sum) 1 $3,000.00 $3,000.00 ESTIMATED SUBTOTAL $35,425.00
PARKING STRUCTURE PROJECT - ESTIMATED TOTAL FEE $419,501.00 STORM DRAIN INSTALLATION PROJECT Number of Visits Hours Each Visit Total Rate Cost (Days) (Hours) (Hours)
Materials Testing Services
Soil/Asphalt Technician 30 8 240 $138.00 $33,120.00
ESTIMATED SUBTOTAL $33,120.00
Total Rate Cost
(Units/Ea.)
Laboratory Testing Services
Modified Proctor 3 $290.00 $870.00
Sieve Analysis (Coarse & Fine) 1 $200.00 $200.00
Sand Equivalent Value 2 $180.00 $360.00
R-Value 1 $390.00 $390.00
Los Angeles Abrasion, Small Aggregate 1 $240.00 $240.00 Hveem Stability without Compaction 2 $220.00 $440.00
Unit Weight, Hveem Method 2 $370.00 $740.00
AC Content by Extraction 2 $260.00 $520.00
Gradation of Extracted Aggregate 2 $150.00 $300.00
ESTIMATED SUBTOTAL $4,060.00
Total Rate Cost
Project Management & Administration (Hours/Units)
Project Manager (Planning, Project Management, Review of Project Documents, Meetings) 10 $200.00 $2,000.00 Geotechnical Engineer (Review, Consultation, Meetings) 4 $210.00 $840.00 Project Administrator 8 $135.00 $1,080.00
Project Coordination 6 $105.00 $630.00
Final Observation and Testing Summary Report (Lump Sum) 1 $750.00 $750.00 ESTIMATED SUBTOTAL $5,300.00
STORM DRAIN INSTALLATION PROJECT - ESTIMATED TOTAL FEE $42,480.00 PARKING STRUCTURE & STORM DRAIN INSTALLATION PROJECT - ESTIMATED TOTAL FEE $461,981.00 (Portal-to-Portal from Kleinfelder's Ontario Office)

HOURS WORKED HOURS / PREMIUMS BILLED
Show up / work cancelled 2
0 - 8 Actual Hours Worked
8 - 12 and Saturday Time and One-Half
Greater than 12, Sundays, and Holidays Double Time
Table 1 - Fee Estimate
Special Inspection and Materials Testing Services
Parking Structure & Storm Drain Installation Project
Ontario, California 91764
This fee estimate assumes that prevailing wage laws apply to the subject project

BASIS OF CHARGES
MW180685.001P/ONT23P158153
Copyright 2023 Kleinfelder Page 1 of 1 September 11, 2023 190

MW180685.001P/ONT23P158153 September 11, 2023
Copyright 2023 Kleinfelder www.kleinfelder.com

REQUEST FOR ADDITIONAL AUTHORIZATION FORM

191

Request for Additional Authorization

Issued pursuant to the Professional Service Agreement and Amendment No. 19 by and between the City of Ontario and Kleinfelder, Inc. (Kleinfelder).

Client Name: City of Ontario
Kleinfelder Project No: 20230123.002A
Project Name: Proposed Parking Structure Project (D Street Parking Structure) Work Order Type: (Check One)

Time-and-Materials
Fixed-Price
Kleinfelder Office: Ontario
Kleinfelder Contact Name: Mike Dorsch

1. SCOPE OF WORK: Added special inspection and materials testing services. See attached document for a detailed description of proposed services.

2. LOCATION/CLIENT FACILITY INVOLVED: Intersection a t East D Street and North Sultana Avenue in the City of Ontario.

3. PERIOD OF PERFORMANCE: As requested.

4. AUTHORIZED FUNDING: See below.
• Original Project Cost: $35,074.
00 • Requested Additional Authorization Fee : $461,981.00 • New Project Total: $497,055.00

5. SPECIAL PROVISIONS: N/A
NOTICE TO PROCEED IS GIVEN ON (DATE) : September 11, 2023

CLIENT: CITY OF ONTARIO KLEINFELDER, INC.:

By: ___________________________________ By: __________________________________ Printed Name : Printed Name : Mike Dorsch

Title: Title: Project Manager
Address: Address: 620 S. Magnolia Avenue, Building G Ontario, CA 91762

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Department: Utilities
Prepared By: Courtney Jones
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: 8
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STETSON ENGINEERING INC. FOR THE EVALUATION OF AN ADVANCED WASTEWATER

PURIFICATION FACILITY ALTERNATIVE SUPPLY PROGRAM PROJECT

CITY OF ONTARIO
Agenda Report
March
5, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with Stetson Engineering Inc., of Covina, California, for the Evaluation of an Advanced Wastewater Puriﬁcation Facility Alternative Supply Program Project for $150,000, for a new total not-to-exceed contract amount of $336,148 and a term from July 19, 2022 to January 1, 2025.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

Proposed Amendment No. 1 to Stetson Engineering Inc., is for $150,000, for a revised total not-to-exceed amount of $336,148. The Fiscal Year 2023-24 Adopted Capital Improvement Budget includes appropriations from the Water Capital Fund for this project. There is no fiscal impact to the General Fund.

BACKGROUND & ANALYSIS:

This work builds upon the results of the Evaluation of an Advanced Wastewater Puriﬁcation Facility Alternative Supply Program Project awarded to Stetson Engineering Inc. by the City Council on July 19, 2022. A Title XVI Feasibility Study Report is being developed in order for the United States Bureau of Reclamation (USBR) to transmit the study to Congress for consideration of potential grant funding. The City of Ontario desires to develop local water supply in the Chino Groundwater Basin using advanced treated wastewater. The Pure Ontario Water (POW) Project concept will be further developed in this USBR Title XVI Feasibility Study. With uncertainty in imported water supplies from the State Water Project during drought years, the development of new local water supplies provides reliability to support growth while maximizing use of recycled 193
water for both local and State-wide beneﬁt. “New” supplies in this region can be reliably developed by utilizing wastewater flows that would otherwise be “wasted”.

This Feasibility Study will meet all the requirements detailed in Reclamation Manual Directives and Standards WTR-11-01. The POW will utilize fully advanced treated wastewater that has been produced in the Chino Basin and is compliant with local wastewater and recycled water permit regulations. The product water from full

advanced wastewater treatment may be used beneﬁcially
for indirect potable reuse through direct injection into groundwater storage for future use. The POW will include full advanced treatment in the Advanced Wastewater Puriﬁcation Facility (AWPF) and will be evaluated for diﬀerent alternative capacity scenarios. A feasibility level design and cost estimate for the POW and schedule of implementation will be included in this Project, compliant with USBR guidelines.

The scope of work also includes supporting services for responding to any USBR comments the City of Ontario may receive after submitting the Feasibility Study to USBR.

On April 2022, a proposal from Stetson Engineering Inc. of Covina, California was received for Professional Services for the Evaluation of an Advanced Wastewater Puriﬁcation Facility Alternative Supply Program. An additional proposal was received October 2023, for continuation of Professional Services for the Evaluation of an Advanced Wastewater Puriﬁcation Facility Alternative Supply Program Project.

Stetson Engineering Inc. is recommended as a sole source to provide these continued services based on their proposal and unique detailed knowledge after successful completion of the previous contract for the Wastewater and Recycled Water Regulatory Review Project. 194
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Department: Engineering
Prepared By: Angela Truong
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20449 LOCATED AT THE SOUTHEAST

CORNER OF HAVEN AVENUE AND ONTARIO RANCH ROAD

CITY OF ONTARIO
Agenda Report
March
5, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20449 located at the southeast corner of Haven Avenue and Ontario Ranch Road.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct ﬁscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Final Tract Map No. 20449, consisting of 92 numbered lots and 55 lettered lots on approximately 33 acres of land, as shown on Exhibit A, has been submitted by the Developer, BrookCal Ontario, LLC. Tentative Tract Map No. 20449 was approved by the Planning Commission on April 26, 2022.

Improvements will include streets, storm drain, domestic water main, recycled water main, sewer main, ﬁber optic conduits, streetlights, raised landscape median and parkway landscaping with irrigation. All landscape improvements will be consistent with current City approved drought measures.

The Developer has entered into an Improvement Agreement with the City for Final Tract Map No. 20449 and has posted adequate security to ensure construction of the required improvements. 205

This project meets all conditions of the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
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EXHIBIT ATM 20449BROOKFIELD PROPERTIESPROJECTSITECITY OF ONTARIOCOUNTY OF RIVERSIDE INTERSTATE15
CALIFORNIA60

VICINITY MAP
84 85 87
18 19 20 22 23
69 2 3 5 6 7 15 10 11 12 14
57 58 59 61 62 65 66 67 70
33 38 37 36 34
51 50 49 54 53 46 45 44 42 41
78 79 81
8 9 17 40 47 48 55
86 68 80 60 21 35 13 43 4 52
82 83 88
28 39LOT H 32 31 25 30 29 72 73 74LOT X 77LOT N 1 16 24
71 64 63 56

LOT ILOT ARLOT ATLOT AV
89LOT AJLOT ALLOT ANLOT PLOT QLOT VLOT WLOT ULOT KLOT LLOT MLOT ELOT FLOT GLOT CLOT ACLOT DLOT AB 75 76LOT YLOT SLOT R 27 26

LOT TLOT OLOT AY
LOT JLOT ALUPINE STREETLOT BLOT AALOT Z 92

CLIFF ROSE STREETLOT AHLOT ADLOT AILOT ASLOT AKLOT AELOT AFLOT AMLOT AWLOT AU LOT AQ

LOT APLOT AO

LOT AAC
LOT AABLOT AG 90 91LOT AZLOT AAA

HAVEN AVENUE

LIMECREST PASEO

WILD FLAX PASEO

CALLIANDRA PASEOWINWOOD PASEOCLEOME PASEO

SERISSA PASEOSUNFLOWER PASEOYARROW PASEO

ONTARIO RANCH ROAD
LOT AX
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RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20449

LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND
ONTARIO RANCH ROAD.

WHEREAS, Tentative Tract Map No. 20449 submitted for approval by BrookCal Ontario, LLC, was approved by the Planning Commission of the City of Ontario on April 26, 2022; and
WHEREAS, Tentative Tract Map No. 20449 consists of 92 numbered lots and 55 lettered lots, in the City of Ontario, County of San Bernardino, State of California, being a portion of the West half of the Northwest quarter of Section 13, Township 2 South, Range 7 West, San Bernardino Meridian; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20449, BrookCal Ontario, LLC, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and WHEREAS, the requirement for the preparation of Covenants, Conditions and Restriction (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Tract Map; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.

3. That Final Tract Map No. 20449 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED this 5th day of March 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST, BEST & KREIGER LLP

CITY ATTORNEY
209

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held March 5, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held March 5, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Department: Utilities
Prepared By: Dennis Mejia
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: 10
SUBJECT:

A CONSTRUCTION CONTRACT WITH MAMCO INC., A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICE INC., AND AMENDMENTS TO

THE PROFESSIONAL SERVICES AGREEMENTS WITH ANSER ADVISORY MANAGEMENT LLC AND KLEINFELDER INC., FOR THE ARCHIBALD SEWER

DIVERSION PROJECT

CITY OF ONTARIO
Agenda Report
March
5, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT1016 to Mamco Inc., of Perris, California, for the construction of the Archibald Sewer Diversion Project, in the amount of $3,666,666 plus a 15% contingency of $550,000, for a total not-to-exceed amount of $4,216,666, a term of 200 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 $129,000 for construction engineering services and a term from March 5, 2024 to March 31, 2026.

C
.

Approve and authorize the City Manager, or designee to execute Amendment No. 10 to the Professional Services Agreement with ANSER Advisory Management LLC DBA Wallace and Associates Consulting Inc., of Santa Ana, California, to amend the Agreement amount by $137,660 for a new total not-to-exceed amount of $2,172,433 for construction management and inspection services and a term from March 5, 2024 to October 1, 2024.

D
.

Approve and authorize the City Manager, or designee to execute Amendment No. 5 to the Professional Services Agreement with Kleinfelder Inc., of Ontario, California, to amend the Agreement amount by $87,951 for a new total not-to-exceed amount of $1,016,486 for geotechnical and material testing services and a term from March 5, 2024 to June 30, 2025.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy 285
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 $3,666,666 plus a 15% contingency of $550,000 for a total not-to-exceed amount of $4,216,666. Proposed Professional Services Agreement to Stantec Consulting Services Inc. is for a total not-to-exceed amount of $129,000. Proposed Amendment No. 10 to ANSER Advisory Management, LLC DBA Wallace and Associates Consulting Inc., increases the Agreement by $137,660, for a new total not-to-exceed amount of $2,172,433. Proposed Amendment No. 5 to Kleinfelder Inc., increases the Agreement by $87,951, for a new total not-to-exceed amount of $1,016,486. The total cost for the recommended action is $4,571,277.

The Fiscal Year 2023-24 Budget includes appropriations in the Sewer Capital Fund of $3,038,488 for the construction and construction support services for the Archibald Avenue Sewer Diversion project. This amount is funded through a contribution from the Old Model Colony (OMC) Local Adjacent Sewer Development Impact Fee (DIF) fund. If approved, the request for additional appropriations of $1,532,789 in the Sewer Capital Fund, of which $901,221 will be funded from a contribution from the OMC Local Adjacent Sewer DIF fund, will be included in a future budget update as needed.

BACKGROUND & ANALYSIS:

In the current Sewer Master Plan (SMP), the City of Ontario (City) has identiﬁed several areas of deﬁciencies in the existing sewer system and identiﬁed Capital Improvement Projects (CIPs) that are intended to mitigate these deﬁciencies. One of the deﬁcient areas is referred to as CIP Location No. 4, located along approximately 6,000 linear feet of 18-inch sewer in easements and street right-of-way beginning from Archibald Avenue approximately halfway between Francis Street and Cedar Street and ending in Philadelphia Street west of Hellman Avenue. The SMP identiﬁed that these existing sewers do not meet the City velocity design criteria at existing ﬂow conditions. The area includes development areas such as the Meredith International Center, Guasti Plaza, and Hofer Ranch. At build-out conditions, certain segments of the existing sewers will be undersized and will be hydraulically deﬁcient. This area includes two siphons – one crossing the Cucamonga Channel and the other crossing the West Cucamonga Channel south of Philadelphia Street. These siphons currently present maintenance issues with occurrences of debris buildup and are potential sewer overﬂow risks. This project will divert ﬂows and eliminate the need for these two siphons.

The project is located in two sites; Archibald Avenue (Francis Street to Cedar Street) and Philadelphia Street (Vineyard Avenue to Hellman Avenue). The work under this contract consists of installation of approximately 2,900 linear feet of 18-inch and 8-inch diameter sewer mains; installation of new sewer manholes; modiﬁcations of existing sewer manholes, laterals reconnections, connection to existing sewer systems at various street intersections; ﬂow management to maintain existing sewer service; implementation of traﬃc control during construction, concrete and asphalt concrete pavement repair and street restoration. Due to new sewer main interference, the project will also relocate approximately 250 linear feet of 12-inch 286
potable water pipe, including a temporary aboveground pipeline for water services, reconnection of water services, valves, and appurtenances; and pavement and concrete restoration.

On December 14, 2023, eight (8) bids were received for the UT1016 Archibald Sewer Diversion Project through the City’s electronic bid management system in response to Bid No. 1714. The bids ranged from a low bid amount of $3,666,666 to a high bid amount of $4,724,500. The lowest four (4) bids are summarized below:

Bidder
Location
Amount
Mamco Inc.

Perris, California
$3,666,666
Weka Inc.

Highland, California
$3,985,217
SEMA Construction Inc.

San Diego, California
$4,101,571.30
James W. Fowler Co.

Dallas Oregon
$4,122,220
Staﬀ reviewed bids for responsiveness and pricing and recommends awarding the Contract to Mamco Inc.

Support services will be required during construction of the Archibald Sewer Diversion Project.

Stantec Consulting Services Inc., will provide construction engineering services as they are the Engineer of Record for the project and developed the project plans and speciﬁcations. ANSER Advisory Management LLC DBA Wallace and Associates Consulting Inc., will provide construction management and inspection services. The City first contracted with ANSER Advisory Management in October of 2019 after an extensive Request for Proposal selection process for on-call project management services. Kleinfelder Inc., will provide geotechnical and material testing services. The City ﬁrst contracted with Kleinfelder Inc., in March 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.

ENVIROMENTAL REVIEW:

An Initial Study, a Negative Declaration or Mitigated Negative Declaration will not be necessary for the proposed projects per Article 19, section 15301, Class 1 – Existing Facilities. The project proposes a minor alteration to the existing sewer infrastructure within the speciﬁed street segments by replacing it with new sewer lines and associated components as described in the project description, generally in the same vicinity as the existing sewer lines. The project is maintenance in nature and will result in a new system that has increased durability and reliability for existing and future services.
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EXHIBIT A
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Attachment B
Exhibit "B" - Schedule of Services
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Amend. Task
No. No.
- 0

1.0 1.0

2.0 2.0

3.0 3.0

4.0 4.0

5.0 5.0
BB&K2020
46700.00100\33287662.1
Project Tltle
2022 Spring Alley CDBG Pavement
Rehabilitaiton Project
UT 1617-02 Well Abandonment 11, 15 & 17,
&26
UT1053 - AMI Antenna Project - Phase 1
Add $400,000 for a NTE of $466,554
D&C22-012 City Hall Parking Structure
UT1016 Archibald Sewer Diversion Project

Page 5 ends

Project Not to P.O.

Duration Exceed Fee Number
$18,440.00 Pending
$38,317.00 Pending
$66,554.00 Pending
$466,554.00 Pending
$928,535.00 Pending
$1,016,486.00 Pending
357
Department: Engineering
Prepared By: Tricia Maruki
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 13 OF THE ONTARIO MUNICIPAL

CODE RELATING TO THE FLOOD DAMAGE PREVENTION PROGRAM

CITY OF ONTARIO
Agenda Report
March
5, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance amending certain sections of Chapter 13 of the Ontario Municipal Code relating to the City's ﬂood damage prevention program.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

On February 20, 2024, the City Council introduced an Ordinance amending certain sections of the Flood Damage Prevention Program. The Federal Emergency Management Agency (FEMA) manages the National Flood Insurance Program and publishes maps with ﬂood insurance related information. The City is included in a recent Flood Insurance Rate Map (FIRM) update which automatically prompts a FEMA review of the City's current ﬂoodplain ordinance.

Based on discussions with FEMA, the proposed Ordinance includes language about Substantial Damage/Substantial Improvement determinations and is compliant with the current California Building Code elevation standards
. The proposed Ordinance has been reviewed by
FEMA, the City Engineer, and the City Attorney.

ENVIRONMENTAL REVIEW:

The Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) for the following reasons: The Ordinance is (1) not a “project” within the meaning of sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it has no potential for resulting in a direct or indirect physical change in the environment; and (2) is exempt under section 15061, subdivision (b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this Ordinance will have a signiﬁcant eﬀect on the environment.
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 13 OF

THE ONTARIO MUNICIPAL CODE RELATING TO THE FLOOD DAMAGE PREVENTION PROGRAM.

WHEREAS the City of Ontario by Ordinance Nos. 2109 (1980), 2409 (1988) and 2991 (2014) established the Flood Damage Prevention Program (“Program”), which is codified in Chapter 8-13 of the Ontario Municipal Code; and WHEREAS the Federal Emergency Management Agency (“FEMA”) manages the National Flood Insurance Program and publishes maps with flood insurance related information; and
WHEREAS FEMA undertook a review of the City’s current Flood Damage Prevention Program and has notified the City that it is not in compliance with current requirements; and
WHEREAS FEMA has recommended revisions to the City’s Program; and WHEREAS FEMA requires the City to incorporate updated regulations into the Program; and
WHEREAS the City wishes to amend certain sections of Chapter 13 of the Municipal Code to comply with the direction provided by FEMA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and are hereby incorporated herein by this reference.

SECTION 2. Amendment. Section 8-13.201 (“Definitions”) is hereby revised to read as follows:
“(g) “Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
(h) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
(i) “Breakaway walls” means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they 359
are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
(j) “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (k) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation of runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
(l) “Flood Boundary and Floodway Map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (m) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(n) “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (o) “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”). (p) “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
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(q) “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state and local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
(r) “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(s) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Also referred to as “regulatory floodway.”
(t) “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities. (u) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (v) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
(w) “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. “Manufactured home” does not include a “recreational vehicle.”
(x) “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (y) “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
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(z) “New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on after the effective date of a floodplain management regulation adopted by this community. (aa) “One hundred year flood” or “100-year flood” means a flood which has a one percent (1%) annual probability of being equaled or exceeded. It is identical to the “base flood,” which will be the term used throughout this chapter. (bb) “Person” means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
(cc) “Recreational vehicle” means a vehicle which is all of the following:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light- duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(dd) “Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise determining future similar violations, or reducing federal financial exposure with regard to the structure or other development.
(ee) “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
(ff) “Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH.
(gg) “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or 362
walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(hh) “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (ii) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(jj) (1) “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

(i) Before the improvement or repair is started; or

(ii) If the structure has been damaged and is being restored, before the damage occurred.

(2) For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(i) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(ii) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(kk) “Variation” means a grant of relief from the requirements of this chapter, which permits construction in a manner which would otherwise be prohibited by this chapter.
(ll) “Variance” means a grant of relief from the requirements of this chapter, which permits construction in a manner which would otherwise be prohibited by this chapter.”
(mm) “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.”
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SECTION 3. Amendment. Addition of subsection (5) to subsection (a) of Section 8-13.403 is hereby added to read as follows:
“(5) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.”
SECTION 4. Amendment. Subsection (f) of Section 8-13.403 is hereby added to read as follows:
“(f) Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Building Official, in coordination with the Floodplain Administrator, shall:
(1) Require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work to the satisfaction of the Building Official; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. (4) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.”
SECTION 5. Amendment. Subsection (c) of Section 8-13.501 (“Standards of construction.”) is hereby amended to read as follows:
“(1) New construction and substantial improvements of any structure shall have the lowest habitable floor, including basement, elevated to at least one (1) foot above the base flood elevation. Nonresidential structures may meet the standards in §8-13.501(c)(3). Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Building Official. 364
(2) New construction and substantial improvement of any structure in Zone AH or AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least one (1) foot higher than the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in § 8-13.501(c)(3). Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Building Official.
(3) Nonresidential construction shall either be elevated in conformance with §8-13.501(c)(1) or (2) or, together with attendant utility and sanitary facilities:
(i) Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to a minimum of one (1) foot above the base flood elevation,”
SECTION 6. Amendment. Subsection (d) of Section 8-13.601 (“Appeal board.”) is hereby deleted.

SECTION 7. Amendment. Subsection (a) of Section 8-13.504 (“Standards for manufactured homes.”) is hereby amended to read as follows:
“(a) Be elevated so that the lowest floor is a minimum of one (1) foot above the base flood elevation; and”
SECTION 8. Amendment. Subsection (a) of Section 8-13.602 (“Conditions for variance.”) is hereby amended to read as follows:
“(a) A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic structure, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code in conjunction with the provisions of this Ordinance.

SECTION 9. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, unconstitutional or otherwise struck-down by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more portions of this ordinance might be declared invalid.
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SECTION 10. This Ordinance shall be become effective thirty (30) days from its adoption.

SECTION 11. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 5th day of March 2024. ______________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3271 was duly introduced at a regular meeting of the City Council of the City of Ontario held February 20, 2024 and adopted at the regular meeting held March 5, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3271 duly passed and adopted by the Ontario City Council at their regular meeting held March 5, 2024 and that a summaries of the Ordinance were published on February 27. 2024, and March 12, 2024 in the Inland Valley Daily Bulletin newspaper.
_____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Department: Recreation & Community Services
Prepared By: Danielle Guevara
Staff Member Presenting:

Nicholas S. Gonzalez, Recreation & Community
Services Director
Approved By:

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

A GRANT APPLICATION FROM OMNITRANS MEASURE I FOR THE ONTARIO SILVER S.T.A.R.S. PROGRAM

CITY OF ONTARIO
Agenda Report
March
5, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute all documents necessary to apply for and accept a 2-year grant in the amount of $1,519,198 from Omnitrans Measure I for the Ontario Silver S.T.A.R.S. Program.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

After receiving approval from the City Council, the City of Ontario will apply for funding totaling $1,519,198 from Omnitrans through Measure I funding. This funding will be provided for the Fiscal Years 2024-25 and 2025-26. Upon approval, the allocation of $888,844 will be incorporated into the Fiscal Year 2024-25 Budget within the General Fund Grants fund and $630,354 will be added to the Fiscal Year 2025-26 Budget in the General Fund Grants fund. This Agreement requires a cash match of $170,205 from the General Fund, which will be absorbed into the Fiscal Year 2024-25 Adopted Budget.

BACKGROUND & ANALYSIS:

The Ontario Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) program is an appointment-based service that provides curb-to-curb transportation. The purpose of the program is to provide transportation to and from the Ontario Senior Center and other community centers within the City for senior-focused programming. The previous provider, the West End YMCA, withdrew transportation service in May 2023. To ensure there was no disruption in services, the City of Ontario's Recreation & Community Services Department absorbed operations of the transportation program in June 2023. This was made possible with 2023-24 Measure I funding from Omnitrans, which supports projects enhancing mobility for people with disabilities, seniors, and persons of low income. Currently, Omnitrans is the only other source of public transportation within the city limits. The Ontario Silver S.T.A.R.S. program operates Monday- Friday between 7:30 AM and 4:30 PM.

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The 2023-24 grant funds cover the operational costs of two vehicles, two full-time drivers, one part- time driver, and other operations-related expenses. If approved for a second grant cycle, the Recreation & Community Services Department will expand the program to meet the growing demand. Due to the success of the program and high demand among residents, the additional funding will enhance the program's capacity by allowing the Recreation & Community Services Department to purchase two additional vehicles (10-passenger vans with wheelchair lifts) and hire additional drivers, including one full-time and four part-time drivers. The additional full-time grant- funded positions will be temporary, contingent upon continued grant funding. T here will be no
direct impact to the General Fund.
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Ontario City CouncilMarch 5, 2024

Ontario City Council
March 5, 2024