Agenda packet — Ontario City Council, May 7, 2024 (part 1 of 3)

CITY OF ONTARIO
Regular City Council/Housing
Authority/Industrial Development Authority
Meeting
MAY
7, 2024
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

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

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

All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

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

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

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20240507 Closed Session

ACCOMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

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

CALL TO ORDER (OPEN SESSION)
Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Council Member Valencia

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

ATTACHMENT:

20240507 Historic Preservation Month^02 Proclamation.docx

INVOCATION
Michelle Diaz, Alpha and Omega Ministries

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONIES

WATER CONSERVATION POSTER CONTEST
That the City Council present the selected winners of the annual Water Conservation Poster Contest.

RECOGNITION OF HISTORIC PRESERVATION MONTH IN THE CITY OF ONTARIO That the City Council proclaim the Month of May 2024 as Historic Preservation Month in the City of Ontario.

PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority/Industrial Development Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

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

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

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

1. APPROVAL OF MINUTES

ATTACHMENT:

20240402 Meeting Minutes (Not Official Until Approved)

ATTACHMENT:

20240405 Study Session Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT AND ADOPT

A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES) AND TO AUTHORIZE THE LEVY OF

SPECIAL TAXES

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

CONSENT CALENDAR

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

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 2 minutes.

Minutes for the regular meetings of the City Council and Housing Authority of April 2, 2024, and study session on April 5, 2024, and approving same as on ﬁle in the Records Management Department.

Bills March 29, 2024 through April 18, 2024, and Payroll March 24, 2024 through April 6, 2024.

That the City Council consider and:

A
.

Accept a written petition (on ﬁle with the Records Management Department) from DPIF3
CA 36 ONTARIO RANCH, LLC
("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
B
.

Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

CFD No. 68 Rich Haven Industrial Services^01^RESO^RM

ATTACHMENT:

CFD No. 68 Rich Haven Industrial services^01A EXH A Boundary Map

ATTACHMENT:

CFD No. 68 Rich Haven Industrial Services^01B EXH C, RMA.pdf

4. A PROFESSIONAL SERVICES AGREEMENT FOR HAZARDOUS MATERIALS COLLECTION AND DISPOSAL SERVICES WITH GRAYMAR ENVIRONMENTAL SERVICES, INC.

ATTACHMENT:

Agreement.docx

5. A RESOLUTION APPROVING FIRE DEPARTMENT CLASSIFICATIONS BE ADDED TO THE

CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM

ATTACHMENT:

Fire Resources to CFAA RESO^RM

6. AUTHORIZE THE PURCHASE OF WI-FI EQUIPMENT, INSTALLATION, AND SUPPORT WITH

SMARTWAVE TECHNOLOGIES, LLC AS PART OF THE CITYWIDE WI-FI EXPANSION AND

REFRESH PROJECT

ATTACHMENT:

04092024 Ontario Master WiFi Estimate AB.xlsx
-
Group.pdf

ATTACHMENT:

San Bernardino Pricing.pdf

7. AN AMENDMENT TO THE SERVICE ORDER WITH CARAHSOFT FOR THE QUALTRICS EX

FOUNDATIONAL SOFTWARE
scheduled City Council meeting on Tuesday, June 18, 2024.

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

INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX.

That the City Council authorize the City Manager or his designee to execute a General Services Agreement for up to ﬁve years with GrayMar Environmental Services, Inc, located in Moses Lake, Washington, for Hazardous Materials Collection and Disposal Collection Services, for an amount not-to-exceed $2,271,500.

That the City Council adopt a Resolution approving additional Fire Department classiﬁcations to the terms and conditions for Fire Department responses to the California Fire and Rescue Mutual Aid System requests to assist State of California and Federal Fire agencies ("outside emergency support").

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

APPROVING THE TERMS AND CONDITIONS FOR FIRE DEPARTMENT RESPONSE

AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT.

That the City Council authorize the City Manager or his designee to execute the purchase of
equipment, installation and support with SmartWave Technologies, LLC, of Alpharetta, GA, in an amount not-to-exceed $450,000.

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

8. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SLIM'S KEY SHOP FOR

THE PROCUREMENT OF KEYS AND LOCKSMITH SERVICES

ATTACHMENT:

Slim's Key Shop Amendment _3 -

3.29.24.pdf

9. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD

10. APPROVAL OF A SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING FOR

THE ONTARIO POLICE MANAGEMENT GROUP IN ACCORDANCE WITH MODIFICATIONS

REQUIRED BY CALPERS

ATTACHMENT:

Resolution Amending MOU for PMG (Baltimore revised version of May 2 2024 with Track Changes)-c1.docx

ATTACHMENT:

PMG Side Letter - Management Incentive Pay
That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Service Order with Carahsoft, of Reston, Virginia, for the use of Qualtrics CoreXM EX Foundational software module in the amount of $86,079, with the unilateral option to extend the Service Order for up to one successive one-year period (Fiscal Year 2025-26) at a cost of $90,383, for a total not-to-exceed amount of $276,225 consistent with City Council approved budgets.

That the City Council authorize the City Manager or his designee to execute Amendment No. 3 to the Goods and Services Agreement with Slim’s Key Shop, of Rancho Cucamonga, California, in the amount of $70,000, for a total not-to-exceed contract amount of $219,000, and to extend the term to June 30, 2025, for the procurement of key and locksmith services.

That the City Council take the following actions:

A
.

Award Bid No. 1765 and authorize the purchase and delivery of two (2) Ford F-250 Pickup Trucks from Peoria Ford, of Peoria, Arizona, in the amount of $196,961, plus a 10% contingency of $19,696 for a total amount not-to-exceed of $216,657 for the Fire Department; and
B
.

Award Bid No. 1767 and authorize the purchase and delivery of six (6) Ford Explorer XLT Sport Utility Vehicles (SUVs) from Peoria Ford, of Peoria, Arizona, in the amount of $317,337 plus a 10% contingency of $31,734 for a total amount not-to-exceed of $349,071 for the Fire Department.

That the City Council, by motion, adopt a Resolution to approve a side letter amending the City of Ontario ("City") and Ontario Police Management Group ("OPMG") Memorandum of Understanding from July 1, 2023 to June 30, 2027 in accordance with modiﬁcations required by the California Public Employees Retirement System (CalPERS) to ensure that pension beneﬁts are properly calculated.

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

APPROVING A SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ONTARIO POLICE MANAGEMENT GROUP.

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

11. APPROVAL OF AMENDED COMPENSATION AND BENEFITS PROFILE FOR THE DEPARTMENT

HEAD EMPLOYEE GROUP IN ACCORDANCE WITH MODIFICATIONS REQUIRED BY CALPERS

ATTACHMENT:

Amending PROFILE for DH 01^RESO^RM.docx

ATTACHMENT:

Department Head Compensation and Benefits Profile 2024
DRAFT2.pdf

12. A RESOLUTION APPROVING AND ADOPTING THE CITY OF ONTARIO'S 2024 EMERGENCY

OPERATIONS PLAN

ATTACHMENT:

Emergency Operation Plan^RESO^RM

ATTACHMENT:

2023-24_CityofOntario_EOP_V7.pdf

13. A MAINTENANCE SERVICES AGREEMENT WITH SUPERIOR PAVEMENT MARKINGS FOR

THERMOPLASTIC TRAFFIC MARKING SERVICES

ATTACHMENT:

Superior Pavement Markings - Thermoplastic Contract SM2024-2

14. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIPS ("HOME"), AND EMERGENCY SOLUTIONS GRANT ("ESG") PROGRAMS FOR FISCAL YEAR 2024-25
That the City Council, by motion, adopt a Resolution to approve an amended Compensation and Beneﬁts Proﬁle (Proﬁle) for the Department Head Group in accordance with modiﬁcations required by the California Public Employees Retirement System (CALPERS) to ensure that pension benefits are properly calculated.

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

APPROVING AN AMENDED COMPENSATION AND BENEFITS PROFILE FOR EMPLOYEES IN THE DEPARTMENT HEAD GROUP.

That the City Council adopt a Resolution approving the City of Ontario's 2024 Emergency Operations Plan (EOP) update in accordance with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE 2024 EMERGENCY OPERATIONS PLAN.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Contract No. SM 2024-2 with Superior Pavement Markings, of Cypress, California, to provide thermoplastic traﬃc marking services in an amount of $95,000 per year for a three-year term, for a total contract amount not-to-exceed $285,000; and B
.

Authorize the City Manager or his designee to execute the optional two (2) one-year extensions to the Maintenance Services Agreement in a total not-to-exceed amount of $475,000 consistent with future budgets adopted by the City Council.

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

_Draft OYAP 20240402.pdf

ATTACHMENT:

EXHIBIT A.pdf

15. GOODS AND EQUIPMENT PURCHASE AGREEMENTS WITH SIERRA CONTAINER GROUP AND MCLAUGHLIN WASTE EQUIPMENT, INC. FOR 32, 64, AND 96 GALLON AUTOMATED

CONTAINERS AND COMMERCIAL COLLECTION BINS

ATTACHMENT:

McLaughlin Goods and Equipment Purchase Agreement Bins 2024 AA

ATTACHMENT:

Sierra Goods and Equipment Purchase Agreement Containers - AA

16. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR ON-CALL DOOR AND GATE MAINTENANCE AND REPAIR

SERVICES

ATTACHMENT:

South Coast Industrial Door Inc. Amendment No. 1.pdf

17. PURCHASE OF ADDITIONAL SOFTWARE LICENSES WITH WORKDAY, INC That the City Council take the following actions:

A
.

Approve the One-Year Action Plan for Fiscal Year 2024-25 for the Community Development Block Grant ("CDBG"), HOME Investment Partnerships ("HOME"), and Emergency Solutions Grant ("ESG") Programs (on ﬁle in the Records Management Department);
B
.

Direct Staﬀ to prepare and transmit the ﬁnal documents to the U.S. Department of Housing and Urban Development ("HUD"); and
C
.

Authorize the City Manager, or his designee, to take all actions necessary or desirable to implement the One-Year Action Plan for Fiscal Year 2024-25 and Subrecipient Agreements.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a Goods and Equipment Purchase Agreement with Sierra Container Group, of Ocala, Florida, for 32, 64, and 96 Gallon Automated Containers for a total contract amount not-to-exceed $4,500,000 for up to five (5) years; and
B
.

Authorize the City Manager or his designee to execute a Goods and Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc., of Lockeford, California, for Commercial Collection Bins for a total contract amount not-to-exceed $5,000,000 for up to five (5) years.

That the City Council authorize the City Manager or his designee to execute Amendment No. 1, exercising the optional two (2) one-year extensions to the Maintenance Services Agreement with South Coast Industrial Door, Inc., of Corona, California, in the amount of $225,000, for a total not-to-exceed contract amount of $850,000. If the City desires to exercise the second option year, the total contract not-to-exceed amount will be $1,075,000.

That the City Council approve and authorize the City Manager or his designee to execute the purchase of additional software licenses with Workday, Inc., of Pleasanton, California, for a CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

Workday_Software License_Subscription_City of Ontario.pdf

18. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WESTERN ALLIED

CORPORATION FOR ON-CALL HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)

MAINTENANCE AND REPAIR SERVICES

ATTACHMENT:

Western Allied Corporation Amendment No. 2.pdf

19. A WATER PURCHASE AND STORAGE LETTER AGREEMENT BETWEEN THE CITY OF ONTARIO

AND WESTERN MUNICIPAL WATER DISTRICT

ATTACHMENT:

Water Purchase Letter Agreement - Western-Ontario

20. PROCLAMATION OF MAY 18, 2024 AS KIDS TO PARKS DAY

ATTACHMENT:

PROCLAMATION OF MAY 18, 2024 AS KIDS TO PARKS DAY

21. A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO DESIGNATE PORTIONS

OF D STREET, PLUM AVENUE, CHERRY AVENUE AND SULTANA AVENUE AS A RESIDENTIAL

PERMIT PARKING ZONE
total not-to-exceed $154,570.

That the City Council authorize the City Manager or his designee to execute Amendment No. 2 exercising the optional two (2) one-year extensions to the Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, for on-call heating, ventilation and air conditioning (HVAC) maintenance and repair services in the amount of $600,000, for a total not-to-exceed contract amount of $2,160,000 for the ﬁrst option year. If the City desires to exercise the second option year, the total not-to-exceed contract amount will be $2,760,000.

That the City Council approve and authorize the City Manager or designee to execute a Water Purchase and Storage Letter Agreement with Western Municipal Water District (Western Water), located in Riverside, California, for the sale of 3,000 acre-feet of existing groundwater in the Chino Basin in the amount of $2,331,000.

That the City Council proclaim May 18, 2024 as Kids to Parks Day in the City of Ontario.

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

That the City Council conduct a Public Hearing and adopt a Resolution to designate portions of
D Street, Plum Avenue, Cherry Avenue, and Sultana Avenue as a residential permit parking zone for the benefit of adjacent residences.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

EXHIBIT_A.pdf

ATTACHMENT:

20240507 Permit Parking Zone Resolution^RESO^RM.doc

22. RESOLUTIONS AUTHORIZING A LOAN AGREEMENT, A PURCHASE AND SALE AGREEMENT

FOR LAND PARCELS AND OTHER RELATED DOCUMENTS BETWEEN THE CITY OF ONTARIO

AND THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY

ATTACHMENT:

20240507 Ontario IDA Loan 01^CITY^RESO^RM.docx

ATTACHMENT:

20240507 Ontario IDA Loan 02^OIDA^RESO^RM.docx

ORDERING THE DESIGNATION OF PORTIONS OF D STREET, PLUM AVENUE, CHERRY AVENUE, AND SULTANA AVENUE AS A RESIDENTIAL PERMIT PARKING ZONE.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council and Ontario Industrial Development Authority take the following actions:

A
.

Consider and adopt a Resolution authorizing the execution and delivery of a loan agreement, a purchase and sale agreement for land parcels and other related documents in connection with providing a loan on behalf of the City's investing funds to the Ontario Industrial Development Authority for the purpose of releasing restrictive covenants imposed by the United States Federal Aviation Administration on certain properties owned by the City and to be purchased by the Authority.

B
.

That the Board of Directors of the Ontario Industrial Development Authority consider and adopt a Resolution authorizing the execution and delivery of a loan agreement, a purchase and sale agreement for land parcels and other related documents in connection with borrowing money from the lending funds of the City for the acquisition of real property from the City for the purpose of releasing restrictive covenants imposed by the United States Federal Aviation Administration on certain properties owned by the City and to be purchased by the Authority.

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

AUTHORIZING EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A PURCHASE

AND SALE AGREEMENT FOR LAND PARCELS AND OTHER RELATED DOCUMENTS IN

CONNECTION WITH PROVIDING A LOAN ON BEHALF OF ITS INVESTING FUNDS

WITH THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY, THE SALE OF REAL PROPERTY AND CERTAIN OTHER ACTIONS RELATING THERETO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING

EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A PURCHASE AND SALE

AGREEMENT FOR LAND PARCELS AND OTHER RELATED DOCUMENTS IN

CONNECTION WITH THE ACQUISITION OF REAL PROPERTY FROM THE CITY AND CERTAIN OTHER ACTIONS RELATING THERETO.

CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

20240507 Ontario IDA Loan^03 Loan Agreement.pdf

ATTACHMENT:

Purchase and Sale Agreement - City to Industrial Development Authority 5-7-2021.pdf

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority/Industrial Development Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) May 7, 2024
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
12 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:

SUBJECT:

WATER CONSERVATION POSTER CONTEST

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council present the selected winners of the annual Water Conservation Poster Contest.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

There is no direct impact associated with this action.

BACKGROUND & ANALYSIS:

Over the past 6 years, the City of Ontario has promoted water conservation through the annual Water Conservation Poster Contest. This contest serves as an excellent platform for nurturing environmental consciousness among Ontario's youth and fostering a sense of pride and responsibility in protecting our precious water resources. With over 600 entries, the enthusiasm and engagement from Ontario’s youth is truly admirable.

The selection of winners from grade levels kindergarten to 6th grade reﬂects a commitment to recognizing and encouraging young talent and creativity at all ages in advocating for water conservation. This initiative not only raises awareness about the importance of water conservation, but also empowers students to actively contribute to sustainability eﬀorts in their community. We would like to honor and thank all of this year's participants and recognize the following students, grade level K to 6th as winners:

Name
Elementary School
King Ford
Vista Grande
Isabella Mejia Velado
Vista Grande
Kristen Nunez Guifarro
Vista Grande
Annette Perez
Central Language
Victoria Crandell
Berlyn
13 Benjamin Mendivil
Berlyn
Kelly Jo
Corona
Serenity Salas
Corona
Adiel Cervantes
Corona
Emiliano Gonzalez
Corona
Emma Banuelos
Vista Grande
Ivan Cervantes
Corona
Ana Camara Dzib
Vista Grande
Christopher Ochoa
Vista Grande
Luke Perez
Vista Grande
Jacqueline Reyna
Hawthorne
Abigail Delgadillo
Vista Grande
Audrey Cosio
Vista Grande
Vanessa Alencastro
Vista Grande
Melia Santy
Vista Grande
Aranza Castro
Vista Grande

The City of Ontario is appreciative of the eﬀorts of all the student entries, and for the support given by the school administrators, teachers, and parents.
14 Department: Planning
Prepared By: Elly Antuna
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:

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

SUBJECT:

RECOGNITION OF HISTORIC PRESERVATION MONTH IN THE CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council proclaim the Month of May 2024 as Historic Preservation Month in the City of Ontario.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

Since 1971, the National Trust for Historic Preservation has conducted nationwide campaigns to celebrate historical places and showcase preservation activities. In 2005, the National Trust began designating the month of May as Historic Preservation Month. The goals of Historic Preservation Month are to promote historical places for the purpose of instilling national and community pride, promoting heritage tourism, and showcasing the social and economic beneﬁts of historic preservation. This year, the City is celebrating historic preservation month by continuing the “Model Colony” Awards program and presentation.

This year’s theme for Historic Preservation Month and the Model Colony Awards is “Progress and Preservation.” The theme will explore how Ontario’s past provides the path for a promising and vibrant future. Active preservation programs play a vital role in identifying and safeguarding cultural heritage, ensuring that historic sites can adapt and thrive alongside evolving community needs.

In
keeping with this year’s theme, Model Colony Award winners will display their award recognition with a yard sign on their properties to showcase these historic places. Additionally, a short video has been prepared highlighting the evolution of historic resources through adaptive reuse while preserving those features that make them meaningful. The awards ceremony will be conducted at a City Council meeting in June.
15 PROCLAMATION
WHEREAS, "Progress and Preservation” is the theme for Historic Preservation Month 2024, sponsored by the City of Ontario; and
WHEREAS, the City’s character and history are reflected in its cultural, historical, and architectural heritage with an emphasis on the “Model Colony” as declared by an Act of the Congress of the United States in 1903 and presented at the St. Louis World’s Fair in 1904; and WHEREAS, the City’s historical foundation should be preserved and promoted in order to foster an understanding of the City’s past, and provide future generations the opportunity to appreciate, enjoy, and understand Ontario’s rich heritage; and
WHEREAS, historic preservation is an effective tool for managing smart growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and
WHEREAS, historic preservation provides an opportunity for the citizens of Ontario to be involved in the community and participate in the revitalization of the City; and WHEREAS, HISTORIC PRESERVATION MONTH provides an opportunity to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, May 2024, has been proclaimed HISTORIC PRESERVATION MONTH in the United States; and
NOW, THEREFORE, the City of Ontario, its City Council and staff members do declare the month of May 2024 as

HISTORIC PRESERVATION MONTH
Given this 7th day of May, 2024, by the Ontario City Council Paul S. Leon, Mayor
Debra Porada, Mayor Pro Tem
Alan D. Wapner
Jim W. Bowman
Ruben Valencia
Council Members
16 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
April 2, 2024
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, April 2, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER

Mayor Leon called the joint meetings to order at 6:00 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: None.

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest announced by the City Council.

CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 6:03 p.m. for discussion of the following:

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No. CIVSB2328325.

GC 54956.9(d)(1), CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 218-111-06; 13115 South Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Huaiqing Ren and Xia Cui, Husband and Wife as Joint Tenants; Under negotiation: Price and terms of payment.

GC 54956.9 (d)(4), CONFERENCE WITH LEGAL COUNSEL, POTENTIAL INITIATION OF LITIGATION: One (1) case.
17 Ontario City Council/Ontario Housing Authority
Regular MeeƟng Minutes – April 2, 2024

Page 2 of 7 ends

OPEN MEETING CALLED TO ORDER

Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Wapner.

INVOCATION

The invocation was led by Pastor Taylor Kern of the Ontario United Reformed Church.

REPORT ON CLOSED SESSION

City Attorney Duran stated there was no reportable action.

PUBLIC COMMENTS

Assistant City Clerk Isbell announced there were no written public comments.

Mayor Leon called upon the first speaker:

Rafael Legido, spoke regarding construction tax fraud affecting the community.

Aaron Matthiesen, spoke regarding security measures at John Galvin Park.

Karen Haughey, spoke regarding an open invitation to Supervisor Curt Hagman’s job fair event.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

CONSENT CALENDAR

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar.

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of March 5, 2024, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved Bills March 1, 2024 through March 14, 2024, in the amount of $22,330,391.30, and Payroll February 25, 2024 through March 9, 2024 in the amount of $5,336,740.77.
18 Ontario City Council/Ontario Housing Authority
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Page 3 of 7 ends

3. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES LOCATED WITHIN TRACT MAP NO. 18916

AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO
AVENUE

The City Council adopted a Resolution ordering the summary vacation of an easement for street purposes located within Tract Map No. 18916 at the southwest corner of Archibald Avenue and Chino Avenue.

RESOLUTION NO. 2024-014 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF

AN EASEMENT FOR PUBLIC STREET PURPOSES LOCATED WITHIN TRACT MAP NO. 18916 AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE.

4. A RESOLUTION ORDERING THE SUMMARY VACATION OF THE RIGHT-OF-

WAY AND EASEMENT FOR PUBLIC UTILITY PURPOSES IN EAST EAMES

STREET, EAST POLLOCK STREET, SOUTH JACOBSON AVENUE, AND EAST

LAUTNER DRIVE AND RECONVEYING ANY OF THE CITY'S INTEREST

THEREIN

The City Council adopted a Resolution ordering the summary vacation of the right- of-way and public utility easements located within Tract Map No. 20134 in East Eames Street, East Pollock Street, South Jacobson Avenue, and East Lautner Drive near the southwest corner of Mill Creek Avenue and Chino Avenue and reconveying any of the City’s interest therein and authorized the City Manager to execute the documents necessary to evidence the vacation and the reconveyance of the City’s interest therein.

RESOLUTION NO. 2024-015 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF

THE RIGHT-OF-WAY AND EASEMENT FOR PUBLIC UTILITY PURPOSES IN

EAST EAMES STREET, EAST POLLOCK STREET, SOUTH JACOBSON

AVENUE, AND EAST LAUTNER DRIVE AND RECONVEYING ANY OF THE CITY’S INTEREST THEREIN

5. DESIGN SERVICES AGREEMENTS FOR ON-CALL TRANSPORTATION

PLANNING AND TRAFFIC ENGINEERING DESIGN SERVICES

The City Council approved a three-year Design Services Agreements with six firms to provide On-Call Transportation Planning and Traffic Engineering Design Services in the amount of $200,000 per year for a three-year total not to exceed $600,000 for each firm; and authorized the City Manager, or his designee, to execute said Agreements and future amendments within the authorization limits. 19 Ontario City Council/Ontario Housing Authority
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Page 4 of 7 ends

6. AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH

TELCON SERVICES, LLC FOR THE ONTARIONET BROADBAND

INTEGRATION TECHNICAL SERVICE PROJECT

The City Council approved Amendment No. 1 to the Professional Services Agreement with Telcon Services, LLC of Idaho, for additional broadband design, engineering, project management, and inspection services for the OntarioNet Broadband Integration Technical Service Project and ongoing expansion efforts in the amount of $680,000, plus a contingency in the amount of $180,000, for a revised not-to-exceed total of $2,060,000; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits

7. AUTHORIZE THE PURCHASE OF HAZARDOUS MATERIALS RESPONSE

TRAINING PROPS WITH ADVANCED ENTERTAINMENT TECHNOLOGY FOR

THE ONTARIO FIRE DEPARTMENT HAZMAT TEAM

The City Council authorized the City Manager, or his designee, to execute the purchase of Hazardous Materials Response Training Props from Advanced Entertainment Technology, of Monrovia, CA, in the amount of $451,465.

8. AN AMENDMENT TO THE INTERNET SERVICE ORDER WITH CENTURYLINK

COMMUNICATIONS, LLC FOR INTERNET SERVICE UPGRADES

The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Internet Service Order, with CenturyLink Communications, LLC d/b/a Lumen Technologies Group, of Louisiana, to upgrade internet backhaul bandwidth services from 1 Gbps to 10 Gbps for the OntarioNet network in the amount of $332,559 plus a 15% contingency of $49,884 for a total not-to-exceed contract amount of $382,443, including expenditures of $35,019 within the current term.

9. A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT WITH SLS PROPERTY SOLUTIONS. INC. FOR EMERGENCY ON-CALL BOARD UPS AND

ABATEMENT

The City Council authorized Change Order No. 1 to the construction agreement with SLS Property Solutions, Inc. of Santa Ana, CA for emergency on-call board ups and abatements, increasing the not-to-exceed amount to $150,000 per fiscal year and the total not-to-exceed amount to $400,000 for the initial term of the agreement; and authorized the City Manager, or his designee, to execute said Agreement and future change orders within the authorization limits

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GHD INC. FOR THE DESIGN OF UT1019 WELL 50 TREATMENT FACILITY

PROJECT

20 Ontario City Council/Ontario Housing Authority
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Page 5 of 7 ends

The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to Professional Services Agreement with GHD Inc., of Irvine, California, for professional design services of UT1019 Well No. 50 Treatment Facility Project in the amount of $82,908, plus a 15% contingency of $12,436, for a total amount of $95,344 for a new total not- to-exceed amount of $494,654, and a term from June 7, 2022 to June 6, 2025.

11. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH DPIF3 CA 36 ONTARIO RANCH. LLC REGARDING

COMMUNITY FACILITIES DISTRICT FORMATION FOR ASSESSOR PARCEL NUMBERS (LD PARCEL 1) 0218-211-31 AND (LD PARCEL 2) FEE IN-LIEU

The City Council took the following actions:

A. Adopted a Resolution Approving an Agreement regarding Community Facilities District Formation for Assessor Parcel Number (LD Parcel 1) 0218-211-31 and Fee In-Lieu (the “Agreement”) between the City of Ontario and DPIF3 CA 36 Ontario Ranch, LLC (the “Developer”); and B. Authorized the City Manager, or his designee, to finalize, execute and record said Agreement.

RESOLUTION NO. 2024-016 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND

DELIVERY OF AN AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT FORMATION FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-31 AND (LD PARCEL 2) 0218-211-30 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND DPIF3 CA ONTARIO RANCH, LLC.

12. AN ORDINANCE APPROVING FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT FOR A 1.22-ACRE PARCEL OF LAND LOCATED AT 218 EAST D STREET: SUBMITTED BY EUCLID INVESTMENT GROUP, LLC.

The City Council adopted an Ordinance Approving File No. PUD23-002, the Downtown Ontario Luxury Apartments (Phase II) Planned Unit Development, establishing development standards and design guidelines to facilitate a multiple- family residential development at 218 East D Street. Introduction and first reading took place at the regular meeting of the City Council of the City of Ontario held March 19, 2024.

ORDINANCE NO. 3272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-002, A PLANNED

UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE PROJECT SITE, LOCATED AT 218 EAST D STREET WITHIN THE MU-1 (MIXED USE DOWNTOWN) ZONING DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14.

21 Ontario City Council/Ontario Housing Authority
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Page 6 of 7 ends

13. AN ORDINANCE APPROVING THE WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-006) ON A 5.81-ACRE PROJECT SITE

LOCATED AT THE NORTHEAST CORNER OF MOUNTAIN AVENUE AND

FOURTH STREET, SUBMITTED BY JAT LAND DEVELOPMENT

The City Council adopted an Ordinance approving the Watermarke Ontario Planned Unit Development (File No. PUD22-006). Introduction and first reading took place at the regular meeting of the City Council of the City of Ontario held March 19, 2024.

ORDINANCE NO. 3273 AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA APPROVING FILE NO. PUD22-006, THE WATERMARKE ONTARIO

PLANNED UNIT DEVELOPMENT, ESTABLISHING DEVELOPMENT
STANDARDS AND DESIGN GUIDELINES FOR A 5.81-ACRE PROJECT SITE

LOCATED AT THE NORTHEAST CORNER OF MOUNTAIN AVENUE AND
FOURTH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS:
1008-513-16, 1008-522-01, 1008-522-02, AND 1008-522-03.

STAFF MATTERS:

City Manager Ochoa made no announcements.

COUNCIL MATTERS:

Council Member Valencia congratulated the Ontario Police Department for their victory at the Baker to Vegas event.

Council Member Bowman thanked Staff for a successful State of the City event.

Council Member Wapner thanked Staff for a successful State of the City event.

Mayor pro Tem Porada thanked City staff for a successful State of the City event and expressed her gratitude for all the volunteers.

Mayor Leon thanked Staff for a successful State of the City event and gave remarks on the event’s popularity.

ADJOURNMENT:

Mayor Leon adjourned the meetings of the Joint Agencies at 6:47 p.m. and announced the next regular meeting was scheduled for April 16, 2024.

22 Ontario City Council/Ontario Housing Authority
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Page 7 of 7 ends

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR

23 ONTARIO CITY COUNCIL

STUDY SESSION

MINUTES
April 5, 2024
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The special meeting/study session of the Ontario City Council was held on Friday, April 5, 2024 at the Ovitt Family Library, 215 E. C Street Ontario, California.

CALL TO ORDER

Mayor Leon called the joint meetings to order at 10:41 a.m.

ROLL CALL

PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman.

ABSENT: Council/Authority Members: Ruben Valencia.

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

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Leon.

PUBLIC COMMENTS

There were no public comments.

STUDY SESSION

1. ONTARIO CITY LIBRARY STUDY SESSION

The City Council heard a presentation regarding the Ontario City Library from California State Librarian Greg Lucas and reviewed corresponding reports.

ADJOURNMENT:

Mayor Leon adjourned the study session at 11:47 a.m.

24 Ontario City Council Study Session
Special MeeƟng Minutes – April 5, 2024

Page 2 of 2 ends

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT

AND ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES)

AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and:

A
.

Accept a written petition (on ﬁle with the Records Management Department) from DPIF3 CA
36 ONTARIO RANCH, LLC
("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
B
.

Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, June 18, 2024.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

Mello-Roos ﬁnancing in the Rich Haven Industrial Services development is projected to generate approximately $251,085 per year, at build-out, to fund administrative fees and municipal services. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

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

Municipal services that may be funded by a community facilities district include: police protection 26 services, ﬁre protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads, open space, ﬂood and storm drain protection services, maintenance and operation of ﬁber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or tangible property with an estimated useful life of ﬁve or more years that is owned by the governmental entity. Under the Mello-Roos Act, the initial steps in the formation of a community facilities district to ﬁnance municipal services are to adopt a Resolution declaring the intention to establish a community facilities district and authorize the levy of special tax.

DPIF3 CA 36 ONTARIO RANCH, LLC,
has provided a written petition to the City requesting the formation of a community facilities district, along with a deposit pursuant to a Deposit Agreement dated May 1, 2023, for the Rich Haven Industrial Services project. The project will be an industrial development of approximately 52.97 gross acres located south of Schaefer Avenue, north of Ontario Ranch Road, west of Hamner Avenue, and east of Mill Creek Avenue. As proposed, the project is anticipated to include 1,003,918 square feet of industrial space at build-out.

Included, as part of the Resolution of Intention, is the proposed Rate and Method of Apportionment of Special Tax for the district. The term and structure of the Rate and Method of Apportionment of Special Tax for the Rich Haven Industrial Services project is consistent with the City Council’s adopted Mello-Roos local goals and policies.

City Staﬀ has discussed the proposed Rate and Method of Apportionment of Special Tax with the landowner. As proposed, the Resolution of Intention to establish the district and to levy special taxes will set a public hearing date on the formation of the community facilities district for the regularly scheduled City Council meeting on Tuesday, June 18, 2024. 27 4163-1917-4727.3
RESOLUTION NO. ________

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

CALIFORNIA, OF INTENTION TO ESTABLISH A COMMUNITY

FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN

INDUSTRIAL SERVICES) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX THEREIN
WHEREAS, Section 53318 of the Mello-Roos Community Facilities Act of 1982 (the “Act”) provides that proceedings for the establishment of a community facilities district shall be instituted by a legislative body of a local agency when a petition requesting the institution of the proceedings signed by the owners of not less than 10% of the area of land proposed to be included within the community facilities district and not proposed to be exempt from the special tax, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of services to be financed by the community facilities district is filed with the clerk of the legislative body; and
WHEREAS, Section 53318 of the Act further provides that such a petition may not be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving such petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a community facilities district pursuant to the Act; and
WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”), has received from DPIF3 CA 36 ONTARIO RANCH, LLC (the “Landowner”) a written petition (the “Petition”), requesting the City Council to institute proceedings pursuant to the Act to establish a community facilities district (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax within the Community Facilities District, describing the boundaries of the territory that is proposed for inclusion in the Community Facilities District and specifying the types of services to be financed by the Community Facilities District; and WHEREAS, in connection with such request to institute proceedings to establish the Community Facilities District, the Landowner paid a fee in an amount that the City Council has determined is sufficient to compensate the City Council for all cost incurred in conducting proceedings to create the Community Facilities District pursuant to the Act; and
WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax;
28 2
4163-1917-4727.3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. The City Council hereby finds that the Petition is signed by the landowner owning the requisite area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the Special Tax.

Section 3. The City Council proposes to establish the Community Facilities District under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the map showing the proposed Community Facilities District (the “Boundary Map”) on file in the office of the City Clerk of the City (the “City Clerk”), a copy of which is attached hereto as Exhibit A, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to sign the original Boundary Map and record, or cause to be recorded, the Boundary Map with all proper endorsements thereon in the office of the San Bernardino County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

Section 4. The name proposed for the Community Facilities District is “City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services).” Section 5. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit B hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit B hereto. No facilities are proposed to be financed by the Community Facilities District.

Section 6. The City Council proposes that, except where funds are otherwise available, the Community Facilities District be authorized to annually levy within the Community Facilities District a special tax (the “Special Tax”) sufficient to pay for all Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District. The rate, method of apportionment and manner of collection of the Special Tax in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit C, which is by this reference incorporated herein. The obligation to pay the Special Tax may not be prepaid and permanently satisfied. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

Section 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District 29 3
4163-1917-4727.3
before the Community Facilities District is created. The Services may not supplant services already available within that territory when the Community Facilities District is created.

Section 8. The City Council hereby fixes Tuesday, June 18, 2024, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District; provided, that, in the event the June 18, 2024 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

Section 9. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District. Publication of said notice shall be completed at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain all of the information prescribed by Section 53322 of the Act.

Section 10. The authorization to levy the Special Tax shall be submitted to the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be a vote by the landowners in the Community Facilities District conducted by mail or hand-delivered ballots, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District.

Section 11. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Services is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the Services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Services. Such officers are hereby also directed to estimate the fair and reasonable cost of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing.

Section 12. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

Section 13. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
30 4
4163-1917-4727.3
Section 14. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 7th day of May, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
31 5
4163-1917-4727.3

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 May 7, 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 May 7, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
32 A-1
4163-1917-4727.3

EXHIBIT A

BOUNDARY MAP
33 B-1
4163-1917-4727.3

EXHIBIT B

SERVICES AND INCIDENTAL EXPENSES
Services
The types of City services to be financed by the Community Facilities District are police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services , maintenance and operation of fiber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the costs associated with the creation of the Community Facilities District, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. 34 4163-1917-4727.3

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
35 City of Ontario Community Facilities
District No. 68 (Rich Haven
Industrial Services)
Assessor's Parcel Lot Line
LEGEND
36 City of Ontario CFD No. 68 1 March 25, 2024

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 68
(RICH HAVEN INDUSTRIAL SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services) (“CFD No. 68”) and collected each Fiscal Year commencing in Fiscal Year 2024-25, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below. All of the real property in CFD No. 68, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS

The terms as may hereinafter be set forth have the following meanings:

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 of Part 1 of Division 2 of Title 5 of the California Government Code.

“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 68: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 68 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 68 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 68; and amounts estimated or advanced by the City or CFD No. 68 for any other administrative purposes of CFD No. 68, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification.

“CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein.
37 City of Ontario CFD No. 68 2 March 25, 2024

“CFD No. 68” means City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services).

“City” means the City of Ontario, California.

“City Council” means the City Council of the City, acting as the legislative body of CFD No. 68.

“County” means the County of San Bernardino.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Gated Community Attached Dwelling Unit” means a Unit within any residential building containing two or more dwelling units (including attached condominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets.

“Land Use Class” means any of the classes listed in Table 1 below.

“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 68 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.

“Maximum Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum Special Tax determined in accordance with Section C below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property.

“Multiple Family Dwelling Unit” means a Unit within any residential building containing two or more dwelling units, including attached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units.

“Non-Residential” means any buildings that are for commercial lodging use, commercial retail use, institutional use (e.g., churches, private schools), commercial restaurant use, office use, or industrial use.

“Non-Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2022, and before May 1 of the prior Fiscal Year, for a Non-Residential use.

“Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 68 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

38 City of Ontario CFD No. 68 3 March 25, 2024
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property.

“Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 68 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.

“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.

“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2022, and before May 1 of the prior Fiscal Year.

“Services” means the services authorized to be financed, in whole or in part, by CFD No. 68, including: police protection services; fire protection and suppression services; ambulance and paramedic services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

“Single Family Detached Dwelling Unit” means any residential building containing only one Unit on one legal lot, including single family residences and single family detached residential condominium units.

“Special Tax” means the special tax authorized by the qualified electors of CFD No. 68 to be levied within the boundaries of CFD No. 68.

“Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost of the Services, Administrative Expenses, and an amount equal to Special Tax delinquencies based on the historical delinquency rate for Special Taxes, as determined by the CFD Administrator.

“Square Footage” or “Sq. Ft.” means, with respect to a building of Non-Residential Property, the gross floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 68, for such building, plus any square footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building.

“State” means the State of California.

39 City of Ontario CFD No. 68 4 March 25, 2024
“Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property and Non-Residential Property within the boundaries of CFD No. 68 which are not exempt from the Special Tax pursuant to law or Section E below.

“Unit” means an individual single-family detached or attached home, townhome, condominium, apartment unit, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, beginning with Fiscal Year 2024-25, all Taxable Property within CFD No. 68 shall be classified as Residential Property (Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit) or Non- Residential Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

The Maximum Special Tax for each Assessor’s Parcel classified as Taxable Property shall be determined by reference to Table 1 below.

TABLE 1

MAXIMUM SPECIAL TAX

Land Use Class Maximum Special Tax
Fiscal Year 2024-25
Residential Property:

Single Family Detached Dwelling Unit $1,501.46 per Unit Multiple Family Dwelling Unit $1,301.19 per Unit
Gated Community Attached Dwelling Unit $1,091.19 per Unit Non-Residential Property $0.273800 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2025, the Maximum Special Tax to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

In some instances an Assessor’s Parcel of Taxable Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Residential Property and Square Footage of Non- Residential Property (based on the applicable building permits, final subdivision map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. 40 City of Ontario CFD No. 68 5 March 25, 2024

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 2024-25, the CFD Administrator shall determine the Special Tax Requirement. The Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Taxable Property up to 100% of the applicable Maximum Special Tax for such Assessor’s Parcel, until the Special Tax Requirement is satisfied. However, the Special Tax levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax levied in the prior Fiscal Year.

E. EXEMPTIONS
Notwithstanding anything in this Rate and Method of Apportionment to the contrary, no Special Tax shall be levied on Public Property or Property Owner Association Property.

No Special Tax shall be levied on Lower Income Household Welfare Exemption Property; provided, however, that if, in any Fiscal Year, applicable law does not require that Lower Income Household Welfare Exemption Property be exempt from some portion, or all, of the Special Tax, such portion, or all, of the Special Tax shall be levied on such property in accordance with this Rate and Method of Apportionment based on the Land Use Class to which the Assessor’s Parcel is assigned.

F. APPEALS

Any property owner may file a written appeal of the Special Tax with CFD No. 68 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error.

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council, whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. 41 City of Ontario CFD No. 68 6 March 25, 2024

G. MANNER OF COLLECTION

The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Taxes may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners.

H. TERM OF SPECIAL TAX

The Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 68.

42 Department: Fire Department
Prepared By: Janny Phan
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

A PROFESSIONAL SERVICES AGREEMENT FOR HAZARDOUS MATERIALS

COLLECTION AND DISPOSAL SERVICES WITH GRAYMAR ENVIRONMENTAL SERVICES, INC.

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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 Current Budget includes appropriations in the General Fund, Equipment Services Fund, Water Operating Fund, and Facilities Maintenance Fund for containment, collection, and disposal of hazardous materials. Funding for these services is included in the operating budgets for the Fire Department, Police Department, Public Works Agency, and the Ontario Municipal Utilities Company. The recommended Agreement is $413,000 per year plus a 10% contingency of $41,300 for a total annual not-to-exceed cost of $454,300. At the City's discretion, four (4) additional one-year extensions may be exercised for a total contract amount not-to-exceed $2,271,500 over the five-year term.

BACKGROUND & ANALYSIS:

The Ontario Fire Department's Hazardous Materials team and Fire Investigators routinely respond to calls for service involving the illegal or accidental release of hazardous waste or materials on public property. These incidents require immediate action to contain and dispose of the hazardous materials. Examples include motor oil spills, abandoned paint cans, and household solvents. Additionally, the City's household hazardous waste program and ﬂeet maintenance program generate materials and waste products that must be properly disposed of in accordance with State and Federal regulations. As a result, the Ontario Municipal Utilities Company and the Public Works Agency each independently contracted for hazardous waste removal services at regular intervals.

43 On March 17, 2020, the City Council approved a maximum four-year term Agreement for hazardous materials collection and disposal services. That Agreement utilized a coordinated contracting approach to address the needs throughout the City with primary responsibility for contract management residing with the Fire Department. With the current Agreement expiring June 30, 2024, the City solicited proposals through the City's bid management system in February 2024 to support this broader approach to hazardous materials collection and disposal. Three proposals were submitted from the 132 potential bidders. Staﬀ reviewed proposals for required licenses, content, clarity, experience, cost, and references. GrayMar Environmental Services, Inc., located in Moses Lake, Washington, was recommended by a review committee consisting of representatives from various City departments that utilize hazardous materials collection and disposal services. The selection committee found GrayMar Environmental Services, Inc. to be highly qualiﬁed, and highly recommended and found their overall pricing to be favorable relative to the other proposals. Staﬀ is recommending an Agreement with GrayMar Environmental Services, Inc. for one-year, with four (4) optional one-year terms at a total not-to-exceed of $2,271,500 for the five-year Agreement. 44 46700.00100\40935197.1
BB&K (2023) 1 AGREEMENT FOR GENERAL SERVICES

1. PARTIES AND DATE
This Agreement for General Services (“Agreement”) is made and entered as of ____________, by and between the 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 GrayMar Environmental Services, Inc., a Corporation with its principal place of business at 601 S. Pioneer Way Ste F218, Moses Lake, WA 98837 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS

2.01 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Hazardous Waste Collection and Disposal Services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing these types of services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.02 Project.

City desires to engage Contractor to render such services for the Hazardous Waste Collection and Disposal Services (“Project”) as set forth in this Agreement.

3. TERMS

3.01 Scope of Services and Term.
a. General Scope of Services. Contractor 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 services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City (“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 45 46700.00100\40935197.1
BB&K (2023) 2 AGREEMENT FOR GENERAL SERVICES
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. b. Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2025, 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 4 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.02 Compensation.
a. Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four-Hundred Thirteen Thousand Dollars ($413,000) without written approval of City 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. b. Payment 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 forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. c. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
d. Extra 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.

3.03 Responsibilities of Contractor.
a. 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 of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any 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. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. 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 46 46700.00100\40935197.1
BB&K (2023) 3 AGREEMENT FOR GENERAL SERVICES
taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
b. Schedule of Services/Time for Performance.
i. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Contractor represents that it has the skilled 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. ii. 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 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.
iii. 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. c. Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
d. Substitution of Key Personnel. Contractor 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, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as 47 46700.00100\40935197.1
BB&K (2023) 4 AGREEMENT FOR GENERAL SERVICES
follows: Dean Matsuoka, General Manager, and Terrence Wood, Technical Services Manager.
e. City's Representative. City hereby designatesMike Wedell, Fire Deputy Chief, 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 City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee. f. Contractor's Representative. Contractor hereby designates Dean Matsuoka, General Manager, and Terrence Wood, Technical Services Manager, 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 Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or 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. g. Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.
h. Standard 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 contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the 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. 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 any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by 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 City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
i. Laws and Regulations. 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 of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the 48 46700.00100\40935197.1
BB&K (2023) 5 AGREEMENT FOR GENERAL SERVICES
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. j. Insurance.
i. Time for Compliance. Contractor 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, 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. ii. Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, 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, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) 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. (2) Automobile Liability Insurance with MCS-90 endorsement:

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.
(3) 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. (4) Pollution Liability: Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one period.
iii. Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) 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. 49 46700.00100\40935197.1
BB&K (2023) 6 AGREEMENT FOR GENERAL SERVICES
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor 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. (2) Automobile Liability: (1) Additional Insured: 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. (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. (3) 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.
iv. 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.
v. Waiver of Subrogation. All required insurance coverages 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 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, and shall require similar written express waivers and insurance clauses from each of its subcontractors. vi. 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.
vii. Evidence of Insurance. The Contractor, 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 50 46700.00100\40935197.1
BB&K (2023) 7 AGREEMENT FOR GENERAL SERVICES
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 required coverage, 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.
viii. 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.
ix. Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
x. 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. xi. Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, 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 Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) 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.
(5) 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 Contractor from liability in excess of such coverage, nor shall it limit the Contractor’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.
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BB&K (2023) 8 AGREEMENT FOR GENERAL SERVICES
(6) 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.
xii. Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors 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 subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors 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. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
k. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor 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. 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.

3.04 Labor Code Requirements.
a. Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). 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. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest 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. 52 46700.00100\40935197.1
BB&K (2023) 9 AGREEMENT FOR GENERAL SERVICES
b. Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. Compliance Monitoring. This Agreement 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. d. Labor Certification. By its signature hereunder, Contractor 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 Workers’ 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.

3.05 Termination of Agreement.
a. 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 fully and adequately rendered to City through the effective date of the termination, 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. b. Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, 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. c. 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.

3.06 Indemnification.
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BB&K (2023) 10 AGREEMENT FOR GENERAL SERVICES
a. 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 negligence or willful misconduct of the City.
b. Additional 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 restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.07 General Provisions.
a. Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged 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. b. Independent Contractors and Subcontracting.
i. 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 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, 54 46700.00100\40935197.1
BB&K (2023) 11 AGREEMENT FOR GENERAL SERVICES
including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
ii. Prior 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.
c. 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:

Contractor:

GrayMar Environmental Services, Inc.
601 S. Pioneer Way Ste F218
Moses Lake, WA 98837
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Mike Wedell, Fire Deputy Chief
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.
d. 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. e. 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. f. 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. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.
g. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. h. Time of Essence. Time is of the essence for each and every provision of this Agreement.
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BB&K (2023) 12 AGREEMENT FOR GENERAL SERVICES
i. City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project. j. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
k. Assignment or Transfer. 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. l. 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 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.
m. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. n. 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.
o. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. p. 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.
q. Prohibited 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. 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. 56 46700.00100\40935197.1
BB&K (2023) 13 AGREEMENT FOR GENERAL SERVICES
r. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
s. Authority 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. t. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
u. Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement. v. Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.
w. 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 and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. 57 46700.00100\40935197.1
BB&K (2023) 14 AGREEMENT FOR GENERAL SERVICES

SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF ONTARIO AND
GRAYMAR ENVIRONMENTAL SERVICES, 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 GRAYMAR ENVIRONMENTAL SERVICES,
INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
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BB&K (2023) 15 EXHIBIT A SCOPE OF SERVICES
EXHIBIT “A”

SCOPE OF SERVICES

HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES

BACKGROUND INFORMATION
Geographically, the City of Ontario covers approximately 50 square miles.

GENERAL INFORMATION

1. The service provider under this contract will provide services in connection with hazardous materials incidents as requested by the Ontario Fire Department (OFD) and services in connection with the proper disposal treatment or recycling of hazardous waste generated by the City of Ontario Community Life and Culture Agency, the Ontario Municipal Utilities Company at the Ontario Municipal Service Center, the Police Department, and Public Works. Contractor should provide sufficient and clean 55-gallon drums for waste containment.

The City of Ontario does not guarantee a specific volume of waste for Hazardous Waste Service. The Contractor can anticipate waste generated by the Community Life and Culture Agency, the Ontario Municipal Utilities Company and the Public Works Agency to include the following; aqueous cleaning solution, absorbent and oil, gasoline and water, asphalt tack oil, diesel fuel, waste oil, engine coolant, water based paint, diesel emulsion, and dirt.

Approximately 5,500 gallons of waste are generated annually by the City.

2. The Contractor will identify hazard, neutralize, contain, collect, remove, and dispose of chemicals, hazardous substances, bio-hazard waste, and other spilled or abandoned materials, including removal of contaminated surfaces. The Ontario Fire Department has full authority to determine the services to be performed by the Contractor if requested for emergency response services. The Ontario Municipal Utilities Company has full authority to determine the services to be performed by the contractor if requested for waste generated by vehicle equipment and facilities maintenance. The Police Department (OPD) has full authority to determine the services to be performed by the contractor if requested for waste pick up and disposal.

3. In some cases, it may be appropriate to have the Contractor provide the full range of services from identification through collection and disposal of the spilled materials. The Contractor’s services should be utilized whenever there is any question regarding employee, public, and environmental safety, or whenever their expertise, techniques, or equipment are needed.

4. Payment will be based upon the applicable Contractor’s attached price schedule for labor, materials, and equipment. Labor, materials and equipment rates shall remain fixed for one year. Any changes or additions to the listed rates are allowed only by mutual written agreement between City and the Contractor.

5. Contractor will mail itemized invoices for work performed to the City Accounts Payable Department. Invoices must reference current purchase order number. It is understood and agreed that payment will be made, based on agreed prices for actual services rendered and authorized by the City and will be made in arrears.
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BB&K (2023) 16 EXHIBIT A SCOPE OF SERVICES

6. The invoice must identify the date, time, location, incident number, name of person requesting service, and detailed information on the load of materials for the Community Life and Culture Agency, the Ontario Municipal Utilities Company, Fire, Police Departments, and the Public Works Agency.

STATEMENT OF WORK

1. The City will evaluate the circumstances involved at the scene to estimate the time necessary and the amount of equipment necessary for proper response to the emergency.

2. For emergency response services, the Contractor will respond within one half hour after being notified by the OFD to proceed with the work. The start of billing time shall not be based on arrival time. Billing shall start at the time of cleanup. The Contractor hereby agrees to dispatch forces and equipment to furnish all labor, materials, tools, equipment and incidentals to provide emergency services necessary to identify, neutralize, contain, collect, and remove chemicals, hazardous substances, and other materials, spilled abandoned or seized, including the removal of contaminated surfaces where necessary. Contractor will be on scene within ninety minutes of being dispatched unless mitigating circumstances prevent the Contractor from fulfilling this requirement (multiple calls, disaster condition). In the event the Contractor does not arrive on scene within the ninety minute response time, a penalty of $100.00 per hour, or any part of ninety minutes, will be deducted from the Contractors invoice as a City standby cost fee.

3. For services requested by the Community Life and Culture Agency and the Ontario Municipal Utilities Company, the Contractor will be notified by telephone and shall respond within three (3) working days to dispose, treat, or recycle waste generated by the City.

4. At the direction of an authorized City Representative, the Contractor must be able to pick up hazardous waste materials from the City’s contracted refuse disposal facility.

5. Registration with the California Environmental Protection Agency, Toxic Branch, and the San Bernardino County Environmental Health Department shall be kept current at all times.

6. Hazardous materials are defined in CCR Title 22, Section 2541, and CFR Title-49. When hazardous material is spilled or abandoned in the city limits, it must be cleaned up according to the appropriate regulatory agency requirements.

7. All removed materials and substances shall be safely collected, handled, transported, stored and disposed of in full compliance with all applicable federal, state, and local, ordinances, rules, and regulations according to the Resource Conservation and Recovery Act (RCRA).

8. Clean-up/salvage and/or disposal will be coordinated with the input received from responsible county and/or state regulatory agencies.

9. The City Official in charge at the spill site, or the personnel at the Public Works Site, will authorize the transfer of the hazardous waste by signing the Uniform Hazardous Waste Manifest and will immediately receive a copy of it.

10. The Contractor is required to provide the City accurate information on the type of transporting equipment used, route of movement, delays in transit, additional costs for temporary storage 60 46700.00100\40935197.1
BB&K (2023) 17 EXHIBIT A SCOPE OF SERVICES
should the disposal site be closed for the evening or weekend, disposal site delays such as requirements for full laboratory analysis, etc. and reasons for transporting to a disposal site farther away than the nearest site that is authorized by the United States Environmental Protection Agency and the California Department Health Services to handle the specific material spilled, abandoned, or collected.

11. Spilled, abandoned, or collected material may be transported to a registered transfer storage and disposal facility (TSDF) where it may be commingled with other clients waste for more efficient handling, cost saving, analysis, and transportation to a registered landfill or recycler.

In such cases, the total costs shall not exceed the estimated costs of handling, analysis, and handling directly from the site or the landfill or recycler. Contractors planning this shall include a TSDF price list for this work with their proposal and price list.

12. No later that 48 hours after completion of all work at the site, the Contractor will provide the City with an invoice of the actual cost involved in the abatement of the spill. Please refer back to General Information, Section 6, for invoicing requirements. The start of billing time shall not be based on arrival time. Billing shall start at the time of cleanup.

13. All labor, equipment, materials, and other items of work provided by the Contractor shall be documented.

TRAFFIC CONTROL AND SCENE SECURITY
Traffic control and scene security, including barricades, portable flashing beacons, detours, and/or any other traffic control devices when necessary to accomplish the contract work will be the responsibility of the City.

REQUEST FOR SERVICES
The Contractor will have staff on call at all times to receive requests for services and to advise the City personnel regarding immediate protective measures. The Contractor shall be prepared to dispatch technicians within one half hour after notice to proceed to analyze materials as necessary or to commence clean-up for emergency response services. Contractor will be on scene within ninety minutes of being notified and authorized to respond.

OTHER CONTRACTS
If the Contractor is not able to respond, it is the responsibility of the Contractor to provide an alternate properly licensed Company to fulfill the obligations of this contract. 61 STRAIGHT RATE/
NON-EMERGENT*

OVERTIME/
EMERGENT**LABOR RATES
EXHIBIT “B”

COMPENSATION

1. Laborer/Field Technician**** $ 92.05 $ 120.00

2. Lead Technician/Supervisor**** $ 97.00 $ 126.00

3. Equipment Operator**** $ 121.80 $ 159.00

4. Chemist/Hygienist $ 103.00 $ 125.00

5. Coordinator/Project Manager $ 114.00 $ 135.00
Special Note: **** denotes prevailing rate and positions

UNOPERATED EQUIPMENT RATES HOURLY RATE

1. 1/2 Ton Pickup Truck $ 65.00

2. One Ton Stake-bed Truck $ 95.00

3. 100 BBL Black Iron Vacuum Truck $ 130.00

4. 100 BBL Stainless Steel Acid Vacuum Truck $ 130.00

5. Front Loader/Backhoe $ 110.00

6. Roll-Off Single Bin Truck $ 120.00

7. Emergency Response Truck $ 95.00

8. 20-30 Drum Bobtail Van $ 95.00

9. 40-60 Semi-van $ 145.00
Emergent and Non-Emergent will determined and communicated by the City personnel to supplier.
*Straight time – 7:30 a.m. to 5:00 p.m. Monday through Friday **Overtime – Time other than straight time
62 FEE SCHEDULE - continued

MATERIAL RATES RATE

1. Absorbent/Vermiculite: 4 cubic Bag $ 60.00

2. Caustic Soda: 50 lb Bag $ 60.00

3. Simple Green / Degreaser $ 35.00 per gallon

4. 5 Gallon Open Top Poly Drum $ 35.00____________

5. 15 Gallon Open Top Poly Drum $ 62.00____________

6. 30 Gallon Open Top Poly Drum $ 85.00____________

7. 55 Gallon Open Top Poly Drum $ 132.00___________

8. 55 Gallon DOT Drum $ 120.00

9. 85-95 gallon DOT Recovery Drum $ 315.00 Metal

10. Level A Safety Suit $ 1,950.00 per change out

11. Level B Safety Suit $ 185.00 w/2 bottles air

12. Level C Safety Suit $ 55.00

13. Level D Personal Protective Clothing $ 30.00____________

14. 6 Mil Drum Liner $ 7.00 each

15. Try-Wall Boxes $ _135.00__________
Disposal Rate:

Cost + 15% (copy of TSDF invoice must be submitted with Contractor’s invoice) 63 FEE SCHEDULE – continued

CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price

PERSONNEL
Scheduled ER
Incident Commander HR 170.00 195.00
Senior Project Manager HR 144.00 165.00
Environmental Engineer HR 137.00 160.00
Environmental Scientist HR 137.00 160.00
Health and Safety Manager HR 124.00 145.00
Project Manager HR 114.00 135.00
Chemist HR 103.00 125.00
Project Coordinator HR 88.00 110.00
Supervisor (PREVAILING WAGE- SAN BENADINO COUNTY, CA) HR 97.00 126.00 Driver (PREVAILING WAGE - SAN BENADINO COUNTY, CA) HR 121.80 159.00 Equipment Operator (PREVAILING WAGE - SAN BENADINO HR 121.80 159.00COUNTY,CA) Vessel Operator (PREVAILING WAGE- SAN BENADINO COUNTY, HR 121.80 159.00CA) Confined Space Rescue Technician (PREVAILING WAGE - SAN HR 92.05 120.00BENADINO COUNTY, CA) Technician (PREVAILING WAGE - SAN BENADINO COUNTY, CA) HR 92.05 120.00 Office Administrator HR 50.00 60.00
Personnel Notes:

1. Minimum call-out is four (4) hours per person. Personnel are charged in half-hour increments. Charges are portal-to portal.

Z. Straight Time - Monday through Friday from 0700-1500, including a chargeable 1/Z hour meal break.

3. Overtime - Monday through Friday 1500 to 1900 and the 1st 8 hours on Saturday. OT= 1.S x the hourly rate.

4. Double Time - Monday through Friday from 1900-0700, all subsequent hours on Saturday, and all hours on Sunday and holidays. DT = 2.0 x the hourly rate.

5. Rate categories apply to personnel working during specified times of day regardless of the number of hours worked for the Client on that particular day.

6. Surcharges apply for remote sites and prevailing wage projects. Prevailing wage positions for the City of Ontario contract per RFP highlighted in Orange

PER DIEM / LODGING (PER PERSON)
Per Diem I DAY 55.00
Lodging (rate subject to surcharge) I DAY 225.00

EQUIPMENT- POWERED TRUCKS (NON-OPERATED)
Service Truck HR 65.00
Box Truck HR 95.00
Dump Truck, 5-Axle HR 120.00
Dump Truck w/Trailer, 8-Axle HR 150.00
Tractor w/End Dump Trailer HR 145.00
Tractor w/Dry Van HR 145.00
Tractor w/Flatbed/Lowboy Trailer HR 145.00
Tractor w/Roll Off Trailer HR 145.00
Roll Off Truck Straight HR 120.00
Tractor w/Vacuum Trailer HR 130.00
Vacuum Truck, Straight HR 125.00
64 CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price
Tractor w/7k-10k Gal Vacuum Trailer HR 225.00
High Powered Vacuum Truck/Guzzler/Vactor HR 325.00
Guzzler w/High Rail HR 365.00

SUPPORTEQUIPMENT
Emergency Response Trailer DAY 495.00
Technical Response Trailer DAY 950.00
Utility/ Support Trailer DAY 495.00
Incident Command Trailer DAY 1050.00
Dump Trailer DAY 295.00
Ramps, Roll Off Bin DAY 350.00
ATV DAY 450.00
Jetter Trailer HR 110.00
Skid Mounted Vacuum System HR 105.00
Trailer Mounted Mini-Guzzler HR 105.00
Pressure Washer DAY 425.00
Power Broom DAY 125.00
High Pressure Washer Surface Cleaner DAY 165.00
High Pressure Blaster - 10,000 PSI 150 HP HR 125.00
High Pressure Blaster - 20,000 PSI 150HP HR 195.00
High Pressure Blaster Dry Dump System DAY 1500.00
2D/Automated Nozzle (High Pressure Blaster) HR 65.00
3D / Automated Nozzle (High Pressure Blaster) HR 80.00
Hydroblaster Foot Pedal Day 165.00
Hydroblaster Hose FT 4.25
Portable Lights DAY 45.00
Light Tower, Towable DAY 350.00
Intrinsically Safe Drop Light DAY 95.00
Generator 3.5 to 7.5 kW DAY 295.00
Air Compressor 100-385 CFM DAY 285.00
1" - 4" Pump, Petroleum and Chemical DAY 285.00
Drum Vacuum DAY 240.00
Electric Drum Pump DAY 125.00

PNEUMATIC POWER TOOLS
3/4" Drill, Rotary Hammer DAY 91.00
Jackhammer, Up to 90Lb DAY 125.00
Pneumatic Chipping Gun DAY 95.00
Steel Nibbler, Pneumatic DAY 122.00

MARINE RESPONSE EQUIPMENT
Boat/Workskiffwithout Motor I DAY 250.00
Containment Boom - Per Foot Per Day I FT 3.15
Vessel, 12-14' with Motor HR 75.00
Vessel, 15-17' with Motor HR 125.00
Vessel, 18-22' with Motor HR 210.00
Vessel, 23-26' with Motor HR 285.00
65 CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price
Drum Skimmer DAY 1250.00
Weir Skimmer DAY 395.00
1/2" Dynamic Rope FT 1.50
VHF Marine Radio DAY 35.00
PFD's DAY 30.00

SAFETY MONITORING EQUIPMENT
4 Gas/5 Gas Meter DAY 325.00
Draeger Air Monitoring Pump DAY 165.00
Draeger Tube EA 65.00
Lumex RA915+ Mercury Vapor Analyzer DAY 1050.00
Mercury Vapor Analyzer DAY 950.00
Personal Air Pump DAY 125.00
Radiological Meter DAY 125.00
PIO Meter DAY 275.00

HOSES/PIPE
1" - 6" Pump Hose FT 2.00
4" Flex Hose FT 3.50
6" Flex Hose FT 5.50
Wash Hose, 1/2" x 50' DAY 15.00

HEAVY EQUIPMENT (NON-OPERATED)
Backhoe 110.00
I HR I
Mini Excavator 96.00
I HR I
Excavator 10 - 20 Ton HR 240.00
Excavator 21- 50 Ton HR 285.00
Excavator 51- 90 Ton HR 345.00
Excavator W/Shear Attachment HR 385.00
Loader, 3 Yard Bucket HR 185.00
Dozer (D6 or Equivalent) HR 225.00
Skidsteer HR 96.00
Water Truck HR 115.00
Roller, 66" or Equivalent HR 95.00
Plate Compactor HR 65.00

MATERIAL HANDLING/SUPPORT EQUIPMENT
Forklift HR 65.00
Telehandler HR 96.00
Pallet Jack DAY 45.00
Drum Dolly DAY 35.00
Skidsteer Fork Attachment DAY 225.00
Skidsteer Sweeper Attachment DAY 295.00
Skidsteer Drum Attachment DAY 225.00
Sawzall DAY 90.00
Impact Drill DAY 65.00
Cut-Off Saw DAY 160.00
66 CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price
Concrete Saw HR 50.00
I

SITE SUPPORT
Mercury Vacuum DAY 785.00
Wet Vacuum (Shop Vac) DAY 50.00
15 Gal HEPA Vacuum DAY 172.00
Filter Bags - 25 Micron EA 12.00
Filtration Bag for Mercury Vacuum EA 35.00
Air Scrubber /Negative Air Machine (up to 2.000 CFMJ DAY 375.00 Air Scrubber/Negative Air Machine Filter EA 195.00
6,000 Gal Poly Acid Tank DAY 155.00
12,000 Gal Poly Acid Tank DAY 195.00
20,000 Gal Frac Tank DAY 95.00
Spill Containment - Frac Tank DAY 75.00
Dewatering Box DAY 75.00
Roll Off Container DAY 35.00
Vacuum Box, Watertight DAY 95.00
Fogger DAY 250.00
Hudson Sprayer DAY 40.00
Tygard/Typatch FT 5.50
Tygard Secure System EA 350.00
Dunnage Bags EA 18.00
Cable Seals EA 6.50
Hand Tools DAY 25.00
Portable Restroom/Hand Wash Station DAY 85.00
Disposable Hand Pump EA 30.00
Fence, Silt 50' EA 195.00
Orange Snow/Safety Fence 100' EA 85.00
Steel T-Post EA 15.00
Starlink System High Speed Internet DAY 65.00
Hand-Held Radio DAY 35.00
Satellite Phone DAY 280.00

SPECIALTY EQUIPMENT
Tanker Rollover Kit DAY 650.00
Cutting/Demo Torch Set DAY 390.00
Nitrogen Cylinder DAY 95.00
Welding Machine DAY 450.00
Pressure Gauge Kit DAY 425.00
Copus Blower (CP-20) DAY 215.00
Electric Blower DAY 75.00
Explosion Proof Pnuematic Fan Blower DAY 95.00
Pipe Inspection Camera DAY 375.00
Confined Space Entry Gear (Retrieval & Rescue Equip) DAY 395.00 Tripod/Highline DAY 395.00
67 CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price
Harness and Lanyard DAY 95.00
Belay System (High Angle Repelling) DAY 1195.00
Equipment Notes:

1. Minimum call-out is four (4) hours. Prices do not include operator orJuel surcharge.

2. All charges are portal to portal, beginning with equipment mobilization from GrayMar's Operations Centers. Time charges terminate after the operation, which includes demobilization back to operations centers and completion of any decontamination, re-stocking, and repair.

3. Client agrees to pay GrayMar, in accordance with the rates contained in this Rate Sheet, for any cleaning or repairs necessary to return equipment to the same condition as at the commencement of services. Only GrayMar personnel shall perform any cleaning and decontamination operations on all equipment owned, rented or subcontracted by GrayMar.

4. All equipment and supplies are subject to a replacement charge at GrayMar cost+ 20% if damaged, or if decontamination is impossible.

PERSONAL PROTECTIVE EQUIPMENT (PPE)
Level A PPE (per change out EA 1950.00
I
Level B PPE (with two air bottles) EA 185.00
I
Level C PPE EA 55.00
Level D PPE EA 30.00
Tyvek Suit, Disposable EA 21.00
Tyvek Suit, Poly-Coated EA 29.00
Rain Gear, Disposable EA 28.00
Chem Tape, Roll EA 72.00
Bunker Gear EA 175.00
Fire Resistant Suits EA 60.00
Blaster Gear (Turtle Suit) DAY 155.00
GME Cartridges PAIR 48.00
PlO0 Cartridges PAIR 38.00
Mercury Vapor & Chlorine Mersorb Cartridges PAIR 78.00
SCBA DAY 295.00
Breathing Cascade System DAY 395.00
Breathing Air Bottle Refill EA 75.00
14" Nitrile Gloves PAIR 10.00
Cut Resistant Gloves PAIR 28.00
Gloves - 12" PVC PAIR 12.00
Gloves - Leather PAIR 8.00
Latex Inner Gloves PAIR 2.00
Puncture Resistant Gloves PAIR 78.00
Disposable Boot Covers PAIR 18.00
Dry Suit/Wet Suit DAY 275.00
Chest/Hip Waders PAIR 195.00
Eyewash Station DAY 55.00
Personnel Decon Station DAY 75.00
Hand Cleaner EA 15.00

DOT SHIPPING CONTAINERS
5 Gal Metal Drum EA 35.00
5 Gal Poly Drum EA 35.00
15 Gal Poly Drum EA 62.00
16 Gal Poly or Metal Drum EA 117.00
30 Gal Poly Drum EA 85.00
68 CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price
30 Gal Metal Drum EA 177.00
55 Gal Closed Top Metal Drum EA 120.00
55 Gal Closed Top Poly Drum EA 132.00

DOT SHIPPING CONTAINERS/MISC
55 Gal Open Top Metal Drum EA 120.00
55 Gal Open Top Poly Drum EA 132.00
55 Gal Metal Drum, Heavy Gauge EA 137.00
55 Gal Metal Drum, Poly Lined EA 187.00
85 Gal Open Top Metal Overpack EA 315.00
85 Gal Open Top Poly Overpack EA 345.00
95 Gal Open Top Poly Overpack EA 365.00
110 Gal Poly Overpack EA 395.00
Drum Pak, 55 Gal EA 75.00
Light Tube Box (4') EA 15.00
Light Tube Box (8') EA 20.00
Stretch Wrap (Roll) EA 42.00
275 Gallon Poly Tote EA 425.00
330 Gallon Poly Tote EA 495.00
Haz Boxes EA 98.00
Galaxy Waste Container EA 195.00
Drum Liners EA 12.00
Filter/Liner for Filter Box EA 332.00
Flexbin, 1 Cubic Yard Flexbin EA 135.00
Flexbin/Cubic Yard Box Liner EA 35.00
Poly Bags, 4 mil EA 5.00
Bio-Hazard Bags EA 6.00
Poly Sheeting, 6 mil, 20' x 100' EA 195.00
Roll Off Container Poly Liner EA 90.00
Dump Trailer Poly Liner EA 90.00
Caution Tape/Roll EA 27.00
Duct Tape/Roll EA 11.00
Pallets EA 48.00
Plywood (sheet) EA 78.00

SORBENTMATERIALS
Sorbent Pads BALE 120.00
Sorbent Boom, 5" x 10' x 4/Bale BALE 220.00
Sorbent Boom, 8" x 10' x 4/Bale BALE 295.00
Sorbent Roll, 38" x 144' EA 185.00
Sorbent Rug, 36" x 300' EA 298.00
Sorbent Sweep, 17" x 100' BALE 190.00
HGX Absorbent (Mercury absorbent) LB 28.00
Rags, 50 lb/ 23 kg BAG 68.00
Saw Dust, 20 lb/ 9 kg BAG 20.00
69 46700.00100\33865500.1
(BB&K 2020)

CITY OF ONTARIO
2024 Rate Sheet
Description UOM Price
Granular Absorbent BAG 25.00
Corn Cob, 20 lb / 9 kg BAG 20.00
Vermiculite, 4 cu ft Bag BAG 60.00

DEGREASERS & NEUTRALIZING AGENTS
Gold Crew GAL 60.00
Micro Blaze GAL 60.00
Citrus Cleaner Degreaser GAL 50.00
Disinfectant Solution GAL 50.00
Hydrochloric Acid LB 4.00
Citric Acid LB 6.00
Decontamination Solution GAL 50.00
Neutralizing Solution GAL 50.00
Soda Ash, 50 lb Bag BAG 60.00
Sodium Bicarbonate LB 5.00
Sodium Hypochlorite, 15% (Bleach) GAL 10.00

SAMPLING AND LAB SUPPLIES
Sample Jars EA 8.00
pH Test Strip EA 25.00
Fentanyl Test Strip EA 25.00
Clor-D-Tect Sample Kit EA 52.00
Clor-N-Oil PCB Sample Kit EA 55.00
Sample Tube EA 25.00
HazCat Kit DAY 375.00
HazCat Test EA 35.00

WASTE MATERIAL APPROVAL
Profile Approval Fee Bulk EA 105.00
Profile Approval Fee Non-Bulk EA 75.00
Waste Manifest Fee EA 50.00
NON-HAZARDOUS WASTE DISPOSAL*
Vacuum Truck/Trailer Washout (subject to surcharge) EA 550.00

MISCELLANEOUS
Outside Services CP I Cost Plus 25%
Environmental/Energy Recovery Fee* LS 18% Total Invoice *Environmental/Energy Recovery Fee is not applied to cost-plus items. The fee is subject to change based on variability in fuel pricing and other unforeseen factors.
70 Department: Fire Department
Prepared By: Belinda Negrete
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

A RESOLUTION APPROVING FIRE DEPARTMENT CLASSIFICATIONS BE ADDED TO

THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct ﬁscal impact associated with this action. However, approval of the proposed Resolution will ensure that the City's Fire Department recovers the maximum amount of reimbursable costs for certain outside emergency support.

BACKGROUND & ANALYSIS:

The intent of the California Fire Assistance Agreement ("CFAA") is to compensate California Fire and Rescue Mutual Aid System Agencies for the cost of assisting in outside emergency support. Eligible expenses that may be reimbursed through the CFAA include personnel time, equipment, car rental, fuel, lodging, and meals. A Resolution adopted by the
governing body must be on ﬁle with the California Governor's Oﬃce of Emergency Services for the Fire Department's employees to qualify for reimbursement from the time of initial dispatch from their home base, to the time of return to home base ("portal-to-portal") when providing outside emergency support. Without this Resolution, re
imbursement would be limited to only actual hours
worked while on the incident scene itself.

Resolution No. 2015-039 (approved by the City council on May 19, 2015), speciﬁed the positions of Fire Chief, Senior Deputy Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, Fireﬁghter, and Nurse Administrator as eligible classiﬁcations portal-to-portal reimbursement when providing outside emergency support.

Resolution No. 2022-011 (approved by the City Council on March 1, 2022) added the classiﬁcations of Fire Administrative Director, Emergency Manager, Fire Communications Manager, Fire Dispatch Supervisor, Senior Fire Dispatcher, and Fire Dispatcher as being eligible for portal-to-portal reimbursement when providing outside emergency support. 71 The Fire Department is requesting to add the following classiﬁcations to be eligible for portal-to- portal reimbursement when providing outside emergency support in various administrative and support roles: Administrative Oﬃcer, Senior Management Analyst, Emergency Management Coordinator, Management Analyst, Emergency Medical Services ("EMS") Director, and EMS Nurse. 72 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE TERMS AND CONDITIONS FOR FIRE

DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY
STATION AND ASSIGNED TO AN EMERGENCY INCIDENT.

WHEREAS, the City of Ontario (”City”) Fire Department is a public agency providing fire protection services located in the County of San Bernardino, State of California; and
WHEREAS, the Fire Department responds to California Fire and Rescue Mutual Aid System requests to assist State of California and Federal Fire agencies (“outside emergency support”) as a mutual aid p rovider under the California Fir e Assistance Agreement; and
WHEREAS, the City desires to provide for fair and legal payment to all employees for time worked; and
WHEREAS, the City adopted Resolution No. 2015-039 which specified the positions of Fire Chief, Senior Deputy Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, Firefighter, and Nurse Administrator as eligible classificatio ns for reimbursement from the time of initial dispatch from their home base to the time of return to home base (“portal-to-portal”) when providing outside emergency support; and WHEREAS, the City adopted Resolution No. 2022 -011 which added the classifications of Fire Administrative Director, Emergency Manager, Fire Communications Manager, Fire Dispatch Supervisor, Senior Fire Dispatcher, and Fire Dispatcher as being eligible for portal-to-portal reimbursement when providing outside emergency support.

WHEREAS, the Fire Department employs the following response personnel:

Administrative Officer, Senior Management Analyst, Management Analyst, Emergency Medical Services (“EMS”)Director, and EMS Nurse; and
WHEREAS, the City desires to provide all eligible employees portal -to-portal reimbursement when providing outside emergency support ; and WHEREAS, the City desires to compensate its employees' overtime related to outside emergency support in accordance with their current memorandum of understanding (“MOU”), personnel rules and regulations, and/or other directive.

NOW THEREFORE, be it resolved by the Ontario City Council that the following shall become effective immediately upon adoption :

1. Personnel shall receive portal-to-portal reimbursement when providing outside emergency support according to the MOU, personnel rules and regulations, and/or other policy directive that identifies personnel compensation in the workplace. 73

2. In the event the MOU, personnel rules and regulations, and /or other directive does not specify, personnel shall receive portal-to-portal reimbursement when providing emergency support.

3. In the event a personnel classification does not have an assigned compensation rate, a "Base Rate" as set forth in an organizational policy, administrative directive, or similar document will be used to compensate such personnel.

4. The City ’s Fire Department will maintain a current salary survey or acknowledgement of acceptance of the "Base Rate" on file with the California Governor's Office of Emergency Services, Fire Rescue Division.

5. City’s Fire Department response personnel include: Administrative Officer, Senior Management Analyst , Emergency Management Coordinator, Management Analyst, EMS Director, and EMS Nurse.

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

PASSED, APPROVED, AND ADOPTED this 7th day of May 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
74 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
75 Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

AUTHORIZE THE PURCHASE OF WI-FI EQUIPMENT, INSTALLATION, AND

SUPPORT WITH SMARTWAVE TECHNOLOGIES, LLC AS PART OF THE CITYWIDE WI-

FI EXPANSION AND REFRESH PROJECT

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute
the purchase of equipment, installation and support with SmartWave Technologies, LLC, of Alpharetta, GA, in an amount not-to-exceed $450,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations from the Information Technology Capital Improvement Projects Fund, including the Citywide Wi-Fi Expansion and Refresh project. The proposed purchase, installation, and support will be for two years, with an amount not-to-exceed $450,000. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for service and reﬂect the actual service provided. If approved, appropriations will be added to the future years’ budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

Due to the growing need for Wi-Fi services within City facilities and businesses, along with concerns of inconsistent performance and user experience stemming from independently managed Wi-Fi installations at various facility locations, the City began researching Wi-Fi solutions to help improve and expand the Wi-Fi services offered to City Staff and the public.

SmartWave Technologies provides Wi-Fi solutions, including planning, design, integration, and managed services. The City worked with SmartWave Technologies to design the City's Wi-Fi network solution utilizing the City's ﬁber optic infrastructure. This solution aims to deliver a seamless Wi-Fi experience at City facilities and replace legacy Wi-Fi technology. SmartWave Technologies is also partnered with the City of San Jose to provide state-of-the-art Wi-Fi solutions and projects that match those sought by the City. The City contacted the City of San Jose for a reference check on SmartWave Technologies' services and solutions. The feedback received from the City of San Jose was positive, highlighting the long history of the partnership with SmartWave Technologies, from the early stages of their Wi-Fi oﬀerings to their current status as a trusted provider of high-speed 76 Wi-Fi experiences. Drawing on this endorsement and previous collaboration, SmartWave Technologies is committed to delivering ongoing support and innovation, ensuring the City remains at the forefront of Wi-Fi technology and service delivery.

In general conformance with the provisions of Government Code Section 54201 through 54204, the Ontario Municipal Code, Section 2- 6. 1 (b)(3), allows for the purchase of supplies and equipment through cooperative purchasing with other governmental agencies. Cooperative purchasing enables the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible. The City is leveraging the San Bernardino County Innovation and Technology Department Agreement (#24-177) to secure discounted pricing.

The City of Ontario's commitment to embracing innovative technology has transformed its governance, making it more eﬃcient and accessible for citizens and businesses to interact and engage with the City. With SmartWave Technologies' history and experience in public/private partnerships to provide high-speed, user-friendly, and available Wi-Fi connectivity, the City of Ontario continues this commitment. Staﬀ requests City Council approval for the purchase, installation and support not-to-exceed amount of $450,000. 77 San Bernadino County Contract #24-177
City Hall
Materials/Equip $24,395.00
Professional Svcs $11,391.00
Remote Support (1YR) $2,913.00
Taxes $401.49
City Hall East
Materials/Equip $4,872.00
Professional Svcs $7,027.00
Remote Support (1YR) $990.00
Taxes $499.38
Library
Materials/Equip $25,668.00
Professional Svcs $9,575.00
Remote Support (1YR) $1,287.00
Taxes $2,630.97
Conservation Park
Materials/Equip $3,099.00
Professional Svcs $9,110.00
Remote Support (1YR) $1,152.00
Taxes $317.65
Town Square Park
Materials/Equip $20,853.00
Professional Svcs $18,616.00
Remote Support (1YR) $3,072.00
Taxes $2,137.43
Parking Structure
Materials/Equip $3,136.00
Professional Svcs $5,512.00
Remote Support (1YR) $495.00
Taxes $321.44
Arena
Materials/Equip $43,963.00
Professional Svcs $5,078.00
Taxes $2,592.12
TOTAL PHASE ONE $211,104.49
City of Ontario, CA WIFI Project
Phase One Summary 4/9/24
78 Project: Ontario City Hall Indoor WIFIJerrod LeeCity of Ontario303 East B StreetOntario, CA [email protected] ***ALL PRICES ARE GOOD FOR 30 DAYS FROM DATE OF QUOTE*** MATERIAL / EQUIPMENT DESCRIPTIONMANF. PART #QUANTITYUNIT PRICEWiFi MaterialsSwitch management license for SZ-100/vSZ L09-0001-SGCX6 ea $65.00 vSCG License supporting 1 Ruckus Access PointsL09-0001-SG0015eaOntario Provided Perpetual license for WiFi analytics, to analyze 1 AP with SCI 2.0 ststem. Smart Licensing enabled (LiMAN) L09-0001-SCIW15eaOntario Provided Ruckus R650 dual-band 802.11abgn/ac/ax Wireless Access Point with Multi-Gigabit Ethernet backhaul, 4x4:4 + 2x2:2 streams, OFDMA, MU-MIMO, BeamFlex+, dual ports, PoH/uPoE/802.3at PoE support. Does not include power adapter or PoE injector. Includes Limited Lifetime Warranty 901-R650-XX0015eaOntario Provided
Switches and Other Installation Materials
SmartZone Data Plane Appliance, with 4x10GigE and 4 GigE ports (10Gbps throughput) P01-D144-XX001 ea$5,058.00 RUCKUS ICX 8200 Switch, 16×1/10GbE SFP+ ports, 8×25 GbE SFP28 stacking/uplink-ports, three-year remote TAC support. Power cord not included. TAAICX8200-24FX 1 ea$5,280.00
RUCKUS ICX 8200 Switch, 24×10/100/1000 Mbps PoE+ ports, 4×25 GbE SFP28 stacking/uplink-ports, 370W PoE budget, three-year remote TAC supportICX8200-24P5 ea$1,950.00 POWER CORD, USA, NEMA5-15/C13, 13A, 125VPCUSA2 5 ea $29.00FRU,RACK MOUNT KIT,2 POST,ICX7750/7450/7250ICX7000-RMK5 ea $47.00 10GBASE-LR, SFPP SMF (LC), for up to 10km over SMF, standard temperature (0°C to 70°C) 10G-SFPP-LR-S5 ea$203.00 10GBASE-SR,SFPP MMF LC CONNECTOR (No TAA)10G-SFPP-SR-S9 ea$147.00 25GE SFP28 DAC, PASSIVE, 0.5M E25G-SFP28-TWX-P-00501 2 ea$127.00 Cat6 shielded cable, shielded RJ45 connectors, patch cables, etcSWCAT60D0 ea$140.00Shipping, grounding, weatherproofing, misc and consumable itemsSWMISC 1 ea$945.00Manufacturer Support, Network Monitoring/Optimization and ReportingeaAssociate Partner Support, Smart Zone 144 Data Plane, 1Yr S02-D144-10001 ea$1,428.00Associate Partner Support, Per SZ/(v)SZ AP, 1 YRS02-0001-1LSG15ea $21.00Associate Partner Support for SCI WiFi Analytics, AP License, 1 YearS02-0001-1LSC15ea $3.00 SmartWave Technical Support - Network Monitoring, Optimization, Reporting, Revision Level Upgrades and Remote Support (Indoor AP) - 1st YearSWSPPTID-1YR15ea $75.00 Materials/Equip$24,395.00
Professional Svcs$11,391.00
Remote Support (1YR)$2,913.00
TAX $401.49GRAND TOTAL$39,100.49
Pricing Notes:1. Client is responsible for Sales Tax.2. Payment Terms are Net-30 upon receipt of an invoice.3. SmartWave will retain ownership of the equipment until payment is made in full.4. Professional Services include site survey, design, staging, configuration, installation and testing.5. Price is based on quantity of items listed and subject to change upon completion of the design.6. Price assumes use of SmartWAVE Cloud for AP Control and Reporting.8. Price assumes fiber strands are in place and available to connect all IDFs to an MDF.9. Price assumes standard working hours of 8am-5pm, M-F.10. Price assumes Core Network Infrastructure (Firewall, DHCP Services, Router, etc) are in place or provided by others.11. Price includes post installation support to include network monitoring, optimization, revision level upgrades and remote support. 12. Price does not include electrical remediation, conduit work, structural analysis, voltage drops, permits and/or special insurance requirements.13. Design for indoors assumes a total of 15 APs, 5 Edge Switches and 1 Core Fiber Switch.14. Design assumes all cable runs are in place and less than 300 Feet and Fiber is in place between IDFs with strands available.15. Customer will supply all fiber patch cables.

PRICING
79 Project: Ontario City Hall East Indoor WIFI
Jerrod Lee
City of Ontario
303 East B Street
Ontario, CA 91764
[email protected]
***ALL PRICES ARE GOOD FOR 30 DAYS FROM DATE OF QUOTE*** MATERIAL / EQUIPMENT DESCRIPTION MANF. PART #QUANTITYUNIT PRICE WiFi Materials
Switch management license for SZ-100/vSZ L09-0001-SGCX 2 ea $65.00 vSCG License supporting 1 Ruckus Access Points L09-0001-SG00 10 ea To Be
Provided by
Ontario
Perpetual license for WiFi analytics, to analyze 1 AP with SCI 2.0 ststem. Smart Licensing enabled (LiMAN) L09-0001-SCIW 10 ea
To Be
Provided by
Ontario
Ruckus R650 dual-band 802.11abgn/ac/ax Wireless Access Point with Multi-Gigabit Ethernet backhaul, 4x4:4 + 2x2:2 streams, OFDMA, MU-MIMO, BeamFlex+, dual ports, PoH/uPoE/802.3at PoE support. Does not include power adapter or PoE injector. Includes Limited Lifetime Warranty
901-R650-XX00 10 ea
To Be
Provided by
Ontario
Switches and Other Installation Materials
RUCKUS ICX 8200 Switch, 24×10/100/1000 Mbps PoE+ ports, 4×25 GbE SFP28 stacking/uplink-ports, 370W PoE budget, three-year remote TAC supportICX8200-24P 2 ea $1,950.00 POWER CORD, USA, NEMA5-15/C13, 13A, 125V PCUSA2 2 ea $29.00 FRU,RACK MOUNT KIT,2 POST,ICX7750/7450/7250 ICX7000-RMK 2 ea $47.00 10GBASE-LR, SFPP SMF (LC), for up to 10km over SMF, standard temperature (0°C to 70°C) 10G-SFPP-LR-S 1 ea $203.00
10GBASE-SR,SFPP MMF LC CONNECTOR (No TAA) 10G-SFPP-SR-S 2 ea $147.00 Cat6 shielded cable, shielded RJ45 connectors, patch cables, etcSWCAT60D 0 ea $140.00 Shipping, grounding, weatherproofing, misc and consumable itemsSWMISC 1 ea $193.00 Manufacturer Support, Network Monitoring/Optimization and Reporting Associate Partner Support, Per SZ/(v)SZ AP, 1 YR S02-0001-1LSG 10 ea $21.00 Associate Partner Support for SCI WiFi Analytics, AP License, 1 YearS02-0001-1LSC 10 ea $3.00 SmartWave Technical Support - Network Monitoring, Optimization, Reporting, Revision Level Upgrades and Remote Support (Indoor AP) - 1st Year SWSPPTID-1YR 10 ea $75.00 Materials/Equip $4,872.00
Professional Svcs$7,027.00
Remote Support (1YR)$990.00
TAX $499.38
GRAND TOTAL $13,388.38
Pricing Notes:

1. Client is responsible for Sales Tax.

2. Payment Terms are Net-30 upon receipt of an invoice.

3. SmartWave will retain ownership of the equipment until payment is made in full.

4. Professional Services include site survey, design, staging, configuration, installation and testing.

5. Price is based on quantity of items listed and subject to change upon completion of the design.

6. Price assumes use of SmartWAVE Cloud for AP Control and Reporting.

8. Price assumes fiber strands are in place and available to connect all IDFs to an MDF.

9. Price assumes standard working hours of 8am-5pm, M-F.

10. Price assumes Core Network Infrastructure (Firewall, DHCP Services, Router, etc) are in place or provided by others.

11. Price includes post installation support to include network monitoring, optimization, revision level upgrades and remote support.

12. Price does not include electrical remediation, conduit work, structural analysis, voltage drops, permits and/or special insurance requirements.

PRICING
80 13. Design for indoors assumes a total of 10 APs and 2 Edge Switches. Core Fiber Switch is in place or provided by the City.

14. Design assumes all cable runs are in place and less than 300 Feet and Fiber is in place between IDFs with strands available.

15. Customer will supply all fiber patch cables.
81 Project: Ontario Library Indoor WIFI
Jerrod Lee
City of Ontario
303 East B Street
Ontario, CA 91764
[email protected]
***ALL PRICES ARE GOOD FOR 30 DAYS FROM DATE OF QUOTE*** MATERIAL / EQUIPMENT DESCRIPTIONMANF. PART #QUANTITYUNIT PRICE WiFi Materials
Switch management license for SZ-100/vSZ L09-0001-SGCX6 ea $65.00 vSCG License supporting 1 Ruckus Access Points L09-0001-SG0013 eaTo Be Provided by Ontario
Perpetual license for WiFi analytics, to analyze 1 AP with SCI 2.0 ststem. Smart Licensing enabled (LiMAN) L09-0001-SCIW13 eaTo Be Provided by Ontario
Ruckus R650 dual-band 802.11abgn/ac/ax Wireless Access Point with Multi-Gigabit Ethernet backhaul, 4x4:4 + 2x2:2 streams, OFDMA, MU-MIMO, BeamFlex+, dual ports, PoH/uPoE/802.3at PoE support. Does not include power adapter or PoE injector. Includes Limited Lifetime Warranty
901-R650-XX003 eaTo Be Provided
by Ontario
Ruckus R650 dual-band 802.11abgn/ac/ax Wireless Access Point with Multi-Gigabit Ethernet backhaul, 4x4:4 + 2x2:2 streams, OFDMA, MU-MIMO, BeamFlex+, dual ports, PoH/uPoE/802.3at PoE support. Does not include power adapter or PoE injector. Includes Limited Lifetime Warranty
901-R650-XX0010 ea $652.00
Switches and Other Installation Materials
RUCKUS ICX 8200 Switch, 16×1/10GbE SFP+ ports, 8×25 GbE SFP28 stacking/uplink- ports, three-year remote TAC support. Power cord not included. TAAICX8200-24FX 1 ea $5,280.00 RUCKUS ICX 8200 Switch, 24×10/100/1000 Mbps PoE+ ports, 4×25 GbE SFP28 stacking/uplink-ports, 370W PoE budget, three-year remote TAC supportICX8200-24P 5 ea $1,950.00 POWER CORD, USA, NEMA5-15/C13, 13A, 125V PCUSA2 6 ea $29.00 FRU,RACK MOUNT KIT,2 POST,ICX7750/7450/7250 ICX7000-RMK 6 ea $47.00 10GBASE-SR,SFPP MMF LC CONNECTOR (No TAA) 10G-SFPP-SR-S12 ea $147.00 Cat6 shielded cable, shielded RJ45 connectors, patch cables, etcSWCAT60D 0 ea $140.00 Patch Cables, Shipping, grounding, weatherproofing, misc and consumable itemsSWMISC 1 ea $1,508.00 Manufacturer Support, Network Monitoring/Optimization and Reporting Associate Partner Support, Per SZ/(v)SZ AP, 1 YR S02-0001-1LSG13 ea $21.00 Associate Partner Support for SCI WiFi Analytics, AP License, 1 YearS02-0001-1LSC13 ea $3.00 SmartWave Technical Support - Network Monitoring, Optimization, Reporting, Revision Level Upgrades and Remote Support (Indoor AP) - 1st YearSWSPPTID-1YR13 ea $75.00 Materials/Equip$25,668.00
Professional Svcs$9,575.00
Remote Support (1YR)$1,287.00
TAX $2,630.97
GRAND TOTAL$39,160.97
Pricing Notes:

1. Client is responsible for Sales Tax.

2. Payment Terms are Net-30 upon receipt of an invoice.

3. SmartWave will retain ownership of the equipment until payment is made in full.

4. Professional Services include site survey, design, staging, configuration, installation and testing.

5. Price is based on quantity of items listed and subject to change upon completion of the design.

6. Price assumes use of SmartWAVE Cloud for AP Control and Reporting.

8. Price assumes fiber strands are in place and available to connect all IDFs to an MDF.

9. Price assumes standard working hours of 8am-5pm, M-F.

10. Price assumes Core Network Infrastructure (Firewall, DHCP Services, Router, etc) are in place or provided by others.

11. Price includes post installation support to include network monitoring, optimization, revision level upgrades and remote support.

12. Price does not include electrical remediation, conduit work, structural analysis, voltage drops, permits and/or special insurance requirements.

13. Design for indoors assumes a total of 13 APs and 4 Edge Switches. Core Fiber Switch is in place or provided by the City.

14. Design assumes all cable runs are in place and less than 300 Feet and Fiber is in place between IDFs with strands available.

15. Customer will supply all fiber patch cables.

PRICING
82 Project: Conservation Park
Jerrod Lee
City of Ontario
303 East B Street
Ontario, CA 91764
[email protected]
***ALL PRICES ARE GOOD FOR 30 DAYS FROM DATE OF QUOTE*** MATERIAL / EQUIPMENT DESCRIPTION MANF. PART #QUANTITYUNIT PRICE WiFi Materials
Switch management license for SZ-100/vSZ L09-0001-SGCX2 ea $65.00 vSCG License supporting 1 Ruckus Access Points L09-0001-SG003 eaTo Be Provided by Ontario
Perpetual license for WiFi analytics, to analyze 1 AP with SCI 2.0 ststem. Smart Licensing enabled (LiMAN) L09-0001-SCIW3 eaTo Be Provided
by Ontario
Ruckus T350d, omni, outdoor access point, 802.11ax 2x2:2 internal BeamFlex+, dual band concurrent. One Ethernet port, PoE input, DC input, USB. -40ºC to 65ºC901-T350-US403 eaTo Be Provided by Ontario
Switches and Other Installation Materials
LinkPower™ LPS3400ATMP-300-T1 6-Port Gigabit Outdoor Managed High Power 802.3bt PoE Switch with 4 PoE Ports and 2 SFP Fiber Gigabit Ports, 95W Per PoE Port, 300W TotalLPS3400ATMP-300-T12 ea $718.00 Outdoor Switch Mast & Pole Mounting Kit MMK0001-L 2 ea $42.00 10GBASE-LR, SFPP SMF (LC), for up to 10km over SMF, standard temperature (0°C to 70°C) 10G-SFPP-LR-S2 ea $203.00 Outdoor CAT6 Cabling Materials for POE Connectivity SWCAT60D 2 ea $140.00 Photocell Power Cable - RJ45 SWPHTCLRJ5 1 ea $265.00
Shipping, grounding, weatherproofing, misc and consumable items SWMISC 1 ea $498.00 Manufacturer Support, Network Monitoring/Optimization and Reporting Associate Partner Support, Per SZ/(v)SZ AP, 1 YR S02-0001-1LSG3 ea $21.00 Associate Partner Support for SCI WiFi Analytics, AP License, 1 YearS02-0001-1LSC3 ea $3.00 SmartWave Technical Support - Network Monitoring, Optimization, Reporting, Revision Level Upgrades and Technician Dispatch - 1st Year SWSPPT 3 ea $360.00 Materials/Equip$3,099.00
Professional Svcs$9,110.00
Annual Support - 1YR$1,152.00
TAX $317.65
GRAND TOTAL$13,678.65
Pricing Notes:

1. Taxes are not included for hardware items.

2. Payment Terms are Net-30 upon receipt of an invoice.

3. SmartWave will retain ownership of the equipment until payment is made in full.

4. Professional Services include site survey, design, staging, configuration, installation and testing.

5. Price is based on quantity of items listed and subject to change upon completion of the design.

6. Price assumes use of SmartWAVE Cloud for AP Control and Reporting.

7. Price assume Building mounted locations have access to a POE switch port.

8. Price assumes AP installed on street light has access to photocell receptacle with 24/7 power.

10. Price assumes standard working hours of 8am-5pm, M-F.

11. Price includes post installation support to include network monitoring, optimization, revision level upgrades and technician dispatch.

12. Price does not include electrical remediation, conduit work, structural analysis, voltage drops, permits and/or special insurance requirements.

13. Customer will supply all fiber patch cables.

14. Price assumes NEMA rated enclosures are available at switch installation locations.

15. Price includes 2 building mounted APs and 1 Streetlight mounted AP.

16. Price assumes streetlight has 120v 3-prong or 7-pin photocell adapter with 24/7 power.

PRICING
83 Project: Town Square Park
Jerrod Lee
City of Ontario
303 East B Street
Ontario, CA 91764
[email protected]
***ALL PRICES ARE GOOD FOR 30 DAYS***
MATERIAL / EQUIPMENT DESCRIPTIONMANF. PART #QUANTITYUNIT PRICE Materials/Equipment
AP management license for SZ-100/vSZ 3.X/SCG200/SZ300, 1 Ruckus APL09-0001-SG00 8 ea $65.00 Perpetual license for WiFi analytics, to analyze 1 AP with SCIL09-0001-SCIW 8 ea $10.00 Ruckus T750 802.11ax Outdoor Wireless Access Point, 4x4:4 Stream, Omnidirectional Beamflex+ coverage, 2.4GHz and 5GHz concurrent dual band, (1x) 2.5G Ethernet port, (1x) 10/100/1000 Ethernet port, 100-240 Vac, POE in and PSE out, Fiber SFP/SFP+, GPS, IP-67 Outdoor enclosure, -40 to 65C Operating Temperature. 901-T750-US00 2 ea$1,888.00
Ruckus T750s 802.11ax Outdoor WAP, 4x4:4 Stream, Sectorized Beamflex+ coverage,

2.4GHz and 5GHz concurrent dual band, (1x) 2.5G Ethernet port, (1x) 10/100/1000 Ethernet port, 100-240 Vac, POE in and PSE out, Fiber SFP/SFP+, GPS, IP-67 Outdoor enclosure, -40 to 65C
901-T750-US51 6 ea$1,888.00
Switches and Other Installation Materials
12-Port 2.5 Gigabit Outdoor Managed 802.bt L2+ PoE Switch with, 8 2.5jGb PoE Ports, 4 10 Gigabit SFP+ Fiber Uplink Ports, up to 90W per PoE Port, 400W TotalLPS10868ATMP-T11 ea$1,687.00 6-Port Gigabit Outdoor Managed High Power 802.3bt PoE Switch with 4 PoE Ports and 2 SFP Fiber Gigabit Ports, 95W Per PoE Port, 300W TotalLPS3400ATMP-300-T11 ea $718.00 Outdoor Switch Mast & Pole Mounting Kit MMK0001-L 2 ea $42.00 10GBASE-LR, SFPP SMF (LC), for up to 10km over SMF, standard temperature (0°C to 70°C) 10G-SFPP-LR-S 4 ea $203.00
10GBASE-SR,SFPP MMF LC CONNECTOR (No TAA) 10G-SFPP-SR-S 0 ea $147.00 Power over Ethernet (PoE) Injector (10/100/1000 Mbps) 1 unit, 60W902-0180-XX00 1 ea $90.00 Outdoor CAT6 Cabling Materials for POE Connectivity SWCAT60D 8 ea $140.00 Shipping, grounding, weatherproofing, misc and consumable itemsSWMISC 1 ea $638.00 Manufacturer Support, Network Monitoring/Optimization and Reporting Associate Partner Support, Per SZ/(v)SZ AP, 1 YR S02-0001-1LSG 8 ea $21.00 Associate Partner Support for SCI WiFi Analytics, AP License, 1 YearS02-0001-1LSC 8 ea $3.00 SmartWave Technical Support - Network Monitoring, Optimization, Reporting, Revision Level Upgrades and Technician Dispatch - 1st Year SWSPPT 8 ea $360.00 Materials/Equip$20,853.00
Professional Svcs$18,616.00
Annual Support - 1YR$3,072.00
TAX $2,137.43
GRAND TOTAL $44,678.43
Pricing Notes:

1. Taxes are not included. If applicable, taxes will be applied upon invoicing.

2. Payment Terms are Net-30 from invoice date. Amounts not paid within 30 days of invoice date will be subject to penalties and late fees.

3. Late fees will be accessed at the rate of 1.5% per month to the total amount past due.

4. Credit Card payments will be accessed a processing fee of 3.95%

5. SmartWave will retain ownership of the equipment until payment is made in full.

6. Professional Services include site survey, design, configuration, staging, installation and testing.

7. No Permit fees, if required, are included.

8. Price includes 1-Year Subscription for SmartWAVE Cloud Control, optimization, reporting, remote support and Technician Dispatch.

9. Due to uncertainty given the pandemic, prices might change.

10. Price assumes fiber will be available and terminated with LC connector at the Tower and Stage switch locations.

11. Price assumes Core infrastructure equipment (Firewall, Router, DHCP Servers, etc) is not included and assumed are provided by others.

12. Price assumes electrical and conduit work is provided by others.

13. Customer will supply all fiber patch cables.

14. Design includes 8 outdoor APs and 2 edge switches.

15. Price includes installation of 8 outdoor grade Cat6 cables.

PRICING
84 Project: Parking StructureJerrod LeeCity of Ontario303 East B StreetOntario, CA [email protected] ***ALL PRICES ARE GOOD FOR 30 DAYS FROM DATE OF QUOTE*** MATERIAL / EQUIPMENT DESCRIPTIONMANF. PART #QUANTITYUNIT PRICEWiFi Materials Switch management license for SZ-100/vSZ L09-0001-SGCX1 ea $65.00 vSCG License supporting 1 Ruckus Access PointsL09-0001-SG005 eaOntario Provided Perpetual license for WiFi analytics, to analyze 1 AP with SCI 2.0 ststem. Smart Licensing enabled (LiMAN) L09-0001-SCIW5 eaOntario Provided Ruckus T350d, omni, outdoor access point, 802.11ax 2x2:2 internal BeamFlex+, dual band concurrent. One Ethernet port, PoE input, DC input, USB. -40ºC to 65ºC901-T350-US405 eaOntario Provided Switches and Other Installation Materials
4 x 10/100/1000 802.3bt Class 4 and 4 x 10/100/1000/2.5 802.3bt Class 8 PoE, 240W budget. Dual Fan Dual Power Supply. 2 x 1/10/25G SFP28ICX8200-C08ZP1 EA$2,420.00 POWER CORD, USA, NEMA5-15/C13, 13A, 125VPCUSA2 1 ea $29.00 ICX8200 Compact Switch Rack Mount Kit ICX7000-C12-RMK1 EA$33.00 10GBASE-LR, SFPP SMF (LC), for up to 10km over SMF, standard temperature (0°C to 70°C) 10G-SFPP-LR-S2 ea$203.00 Patch Cables, Shipping, grounding, weatherproofing, misc and consumable itemsSWMISC 1 ea$183.00 Manufacturer Support, Network Monitoring/Optimization and Reporting Associate Partner Support, Per SZ/(v)SZ AP, 1 YRS02-0001-1LSG5 ea $21.00 Associate Partner Support for SCI WiFi Analytics, AP License, 1 YearS02-0001-1LSC5 ea $3.00 SmartWave Technical Support - Network Monitoring, Optimization, Reporting, Revision Level Upgrades and Remote Support (Indoor AP) - 1st YearSWSPPTID-1YR5 ea $75.00 Materials/Equip$3,136.00
Professional Svcs$5,512.00
Remote Support (1YR)$495.00
TAX $321.44
GRAND TOTAL$9,464.44
Pricing Notes:1. Client is responsible for Sales Tax.2. Payment Terms are Net-30 upon receipt of an invoice.3. SmartWave will retain ownership of the equipment until payment is made in full.4. Professional Services include site survey, design, staging, configuration, installation and testing.5. Price is based on quantity of items listed and subject to change upon completion of the design.6. Price assumes use of SmartWAVE Cloud for AP Control and Reporting.8. Price assumes fiber strands are in place and available to connect all IDFs to an MDF.9. Price assumes standard working hours of 8am-5pm, M-F.10. Price assumes Core Network Infrastructure (Firewall, DHCP Services, Router, etc) are in place or provided by others.11. Price includes post installation support to include network monitoring, optimization, revision level upgrades and remote support. 12. Price does not include electrical remediation, conduit work, structural analysis, voltage drops, permits and/or special insurance requirements.13. Design for indoors assumes a total of 1 Edge Switch and AP support. Price assumes AP's are already installed and Core Fiber Switch is in place or provided by the City.14. Design assumes all cable runs are in place and less than 300 Feet and Fiber is in place between IDFs with strands available.15. Customer will supply all fiber patch cables.16. Customer provides the 5 T350 APs.17. Design assumes enclosure in place to install switch.18. Design assumes cable runs from the fiber switch to each of the 5 APs locations.

PRICING
85 Project: Arena
Jerrod Lee
City of Ontario
303 East B Street
Ontario, CA 91764
[email protected]
***ALL PRICES ARE GOOD FOR 30 DAYS FROM DATE OF QUOTE*** MATERIAL / EQUIPMENT DESCRIPTION MANF. PART #QUANTITYUNIT PRICE Switches and Other Installation Materials
Palo Alto Networks PA-1420 PAN-PA-1420 1 ea$17,476.00
PA-1420, DNS security subscription, 3 year PAN-PA-1420-DNS- 3YR 1 ea $9,440.00
PA-1420, Partner enabled premium support PAN-SVC-BKLN-1420- 3YR 1 ea $9,234.00
SFP+LR 10G TRANS (PA5000, 7000 & 3060) PAN-SFP-PLUS-LR1 ea $1,890.00 SFP+ SR 10G TRANS (PA5000, 7000 & 3060) PAN-SFP-PLUS-SR1 ea $1,422.00 Switch management license for SZ-100/vSZ L09-0001-SGCX 1 ea $65.00 RUCKUS ICX 8200 Switch, 24×10/100/1000 Mbps PoE+ ports, 4×25 GbE SFP28 stacking/uplink-ports, 370W PoE budget, three-year remote TAC supportICX8200-24P 1 ea $1,950.00 POWER CORD, USA, NEMA5-15/C13, 13A, 125V PCUSA2 1 ea $29.00 FRU,RACK MOUNT KIT,2 POST,ICX7750/7450/7250 ICX7000-RMK 1 ea $47.00 10GBASE-SR,SFPP MMF LC CONNECTOR (No TAA) 10G-SFPP-SR-S 1 ea $147.00 Shipping, grounding, weatherproofing, misc and consumable itemsSWMISC 1 ea $2,263.00 Materials/Equip $43,963.00
Professional Svcs$5,078.00
Tax (N/A) $2,592.12
GRAND TOTAL $51,633.12
Pricing Notes:

1. Taxes are not included for hardware items. Client is responsible for Sales Tax.

2. Payment Terms are Net-30 upon receipt of an invoice.

3. SmartWave will retain ownership of the equipment until payment is made in full.

4. Professional Services include site survey, design, staging, configuration, installation and testing.

5. Price is based on quantity of items listed and subject to change upon completion of the design.

6. Price assumes use of SmartWAVE Cloud for AP Control and Reporting.

8. Price assumes fiber strands are in place and available to connect all IDFs to an MDF.

9. Price assumes standard working hours of 8am-5pm, M-F.

10. Price assumes Core Network Infrastructure (Firewall, DHCP Services, Router, etc) are in place or provided by others.

11. Price includes post installation support to include network monitoring, optimization, revision level upgrades and remote support.

12. Price does not include electrical remediation, conduit work, structural analysis, voltage drops, permits and/or special insurance requirements.

13. Design includes 1 Edge Switch. Core Fiber Switch is in place at City Hall or provided by the City.

14. Design assumes all cable runs are in place and less than 300 Feet and Fiber is in place between IDFs with strands available.

15. Customer will supply all fiber patch cables.

16. Palo Alto Installation includes up to 16 hours of installation/configuration.

PRICING
86 87
88 Department: Innovation, Performance and Audit
Prepared By: Vanny Khu
Department: Innovation, Performance and Audit
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: 7
SUBJECT:

AN AMENDMENT TO THE SERVICE ORDER WITH CARAHSOFT FOR THE QUALTRICS

EX FOUNDATIONAL SOFTWARE

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Service Order with Carahsoft, of Reston, Virginia, for the use of Qualtrics CoreXM EX Foundational software module in the amount of $86,079, with the unilateral option to extend the Service Order for up to one successive one-year period (Fiscal Year 2025-26) at a cost of $90,383, for a total not-to-exceed amount of $276,225 consistent with City Council approved budgets.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2024-25 Proposed Budget includes appropriations from the Information Technology Fund for annual subscriptions for the Qualtrics CoreXM EX Foundational software module. The cost of year one is $99,763. The recommended Amendment increases the Service Order by $86,079, for a revised new total not-to-exceed amount of $185,842. Should the City exercise the successive one-year extension, the annual cost would amount to $90,383, for a total not-to-exceed amount of $276,225. If approved, appropriations will be added to the future years’ budget consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

The City of Ontario implemented the Employee Lifecycle and Employee Foundational Software module on August 1, 2023. The original Service Order was for setup, implementation, deployment of the program, and user training. Prior to the implementation of this automated system, Staﬀ managed all data and compliance tracking in a standard spreadsheet software program.

The City uses Qualtrics as our online survey platform, equipped with advanced analytics functionalities. With the EX Foundational module, Agencies can design tailored surveys, facilitating research, analysis, and feedback collection from internal employees, businesses, and residents. The City uses Qualtrics for its biannual Employee Engagement Survey, providing invaluable insights into 89 employee satisfaction and organizational health.

In addition, with the Lifecycle module, Qualtrics supports HR’s efforts in streamlining and optimizing every stage of an employee’s journey within an organization. This includes ensuring smooth recruitment processes, creating engaging onboarding experiences, fostering professional development, and managing employee exits. By taking this comprehensive approach, this module contributes significantly to enriching the overall employee experience within the City’s workforce. 90 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: 8
SUBJECT:

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SLIM'S KEY

SHOP FOR THE PROCUREMENT OF KEYS AND LOCKSMITH SERVICES

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended Amendment No. 3 will increase the contract amount by $70,000 for a total not-to-exceed contract amount of $219,000. If approved, appropriations will be included in future annual budgets to City Council for approval as needed for the keys and locksmith services for
repairs to all facilities
.

BACKGROUND & ANALYSIS:

The City owns, operates, and routinely maintains and repairs over 90 buildings and structures. To ensure City facilities and equipment are safe for the public and staﬀ, regular maintenance and repairs are necessary and undue time delays aﬀect the City’s ability to provide services to staﬀ and the community. The Public Works Agency relies on its vendors to supply parts for a specialized keying system and perform repairs to all facilities.

In April 7, 2022, the City Council approved Slim's Key Shop as a pre-authorized vendor. Since then, Slim's Key Shop, has met or exceeded expectations of the Public Works Agency for key and locksmith services. Staﬀ recommends increasing the total authorized contract amount and extend the term to ensure the Public Works Agency can continue to maintain the City's facilities doors and locks quickly and keep them operational.
91 46700.00100\33287662.1

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BB&K 2020

AMENDMENT NO. 3 TO THE

GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
SLIM’S KEY SHOP

1. Parti
es and Date.

This A
mendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Slim’s Key Shop, a Sole Proprietor (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recita
ls.

2.1 Agreem ent. The City and Contractor have entered into an agreement entitled “Goods & Services Agreements” dated April 15, 2020 (“Agreement”).

2.2 Amendm ent Purpose. T he City and Contractor desire to amend the A greement to increase the compensation by Seventy Thousand Dollars ($70,000), and extend term to June 30, 2025. The Parties have heretofore entered Amendment No. 1 dated May 18, 2022, and Amendment No. 2 dated August 16, 2023.

2.3 Amendment Authority. This Amendment No. 3 is aut horized pursuant to Section 3.1 of the Agreement.

3. Terms.

3.1 Amendment . Sect ion 2.1 of the Agreement is hereby amended in its entirety to read as follows:
"2.1 Term. The te rm of this ag reement shall be extended from July 15, 2020 to June 30, 2025, 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 deadlines."

3.2 Amendment . Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
"3.1 C ompensa
tion. Vendor shall receive compensation, including authorized reimbursements, for all s ervices rendered under this a greement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by ref erence. The total compensation shall not exceed Two Hundred Nineteen Thousand Dollars ($219,000) 92 46700.00100\33287662.1

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BB&K 2020

without written approval of City's Facilities & Municipal Service 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. "
E
xhibit C is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.3 C ontinuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain 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.

3.4 A dequate 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.

3.5 S everability. 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.

3.6 I ntegration. This Amendment 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. 3 TO GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND SLIM’S KEY SHOP
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO SLIM’S KEY SHOP
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

SCOTT OCHOA

CITY MANAGER
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
A
ttested By:

City Clerk
94 46700.00100\33287662.1

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BB&K 2020

“ATTACHMENT A”
C
ONTRACT NOT TO EXCEED $219,000 FROM JULY 15, 2020 TO JUNE 30, 2025. 95 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: 9
SUBJECT:

AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Equipment Services Fund for the purchase of ﬂeet vehicles. The total cost of the vehicles recommended for purchase is a total not-to-exceed amount $565,728.

BACKGROUND & ANALYSIS:

Two (2) Ford F-250 Pickup Trucks and two (2) Ford Explorer SUVs are recommended for replacement in this action because they have outlived their useful lives and are no longer cost eﬀective to maintain. The vehicles are scheduled for replacement pursuant to ongoing eﬀorts to reduce expenses, maximize useful life expectancy and extend replacement cycles of ﬂeet equipment while ensuring safe and reliable operation. The other four (4) Ford Explorer SUVs requested by Fire Department are a result of growth throughout the City, leading to increased operations.

In February 2024, the City solicited Bids No. 1765 and Bid No. 1767 for F-250 Pickup Trucks and Ford Explorer SUVs. Peoria Ford, of Peoria, Arizona was the only responsive bidder. 96 QUANTITY
TYPE
AGENCY
PRICE
2 Ford F-250 Pickup
Trucks
Fire
$216,657
6 Ford Explorer SUVs
Fire
$349,071
TOTAL

TOTAL
8 $565,728
97 Department: Human Resources
Prepared By: Reed Sigler
Staff Member Presenting: Angela C. Lopez,
Executive Director Human Resources
Approved By:

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

APPROVAL OF A SIDE LETTER AMENDING THE MEMORANDUM OF

UNDERSTANDING FOR THE ONTARIO POLICE MANAGEMENT GROUP IN

ACCORDANCE WITH MODIFICATIONS REQUIRED BY CALPERS

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended action has no direct ﬁscal impact as the collective bargaining agreement modiﬁcations coincide with the City's current practice of reporting special compensation.

BACKGROUND & ANALYSIS:

The proposed Resolution for the OPMG is recommended as a result of the review from CalPERS of reportable compensation for employees preparing to retire from active service in the near future in accordance with the California Public Employees' Retirement Law.

CalPERS indicated that modiﬁcations to sections in the OPMG labor agreement are required to coincide with the City's practice in reporting special compensation to CalPERS. The modiﬁcations requested in the proposed Resolution and side letters are to include language to identify the calculation of special compensation, including the calculation of management incentive pay.

To ensure compliance, the City met with OPMG to discuss the proposed changes and approve the modiﬁcations. The Resolution and side letters will help ensure that special compensation items reported by the City to CalPERS are included in the calculation of pension beneﬁts for retirees as intended.
98 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING A SIDE LETTER AMENDING THE

MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES
REPRESENTED BY THE ONTARIO POLICE MANAGEMENT GROUP.

WHEREAS, the City of Ontario (“City”) and the Ontario Police Management Group entered into a memorandum of understanding from July 1, 2023 through June 30, 2027 (“MOU”) to outline the agreement between the parties regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the California Public Employees Retirement System (“CalPERS”) conducted a review of the reported compensation for several retiring City employees and instructed the City to make certain modifications to the MOU in order to ensure that reported special compensation items were included in pension benefit calculations.

NOW THEREFORE, be it resolved the City Council hereby finds and determines the following:

SECTION 1. That the City Council hereby approves a side letter amending the MOU, incorporated herein by reference and enclosed as Exhibit “A” (“side letter”), which incorporates the modifications suggested by CalPERS.

SECTION 2. That the City Council hereby authorizes the City Manager to execute said side letter on behalf of the City.

SECTION 3. This Resolution shall become effective upon its adoption.

SECTION 4. The City Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

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

PASSED, APPROVED, AND ADOPTED this 7th day of May 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
99 ____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
100

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
101
Revision: 04/09/2024
Amendment to the 2023 – 2027 Memorandum of Understanding Between the City of Ontario and
Ontario Police Management Group
The City of Ontario and the Ontario Police Management Group agree to amend Section 10.10 of the Memorandum of Understanding covering the period of July 1, 2023, through June 30, 2027. The amendments to Section 10.10 are intended to address the specific nature and eligibility for management incentive pay.

Section 10.10 is modified the read as follows:
“Section 10.10 Management Incentive Pay
Effective October 20, 2016, Police Captain employees shall receive Police Management Incentive credit at the rate of 8.08 hours per pay period, for a total of 210 hours each calendar year, in recognition of full-time duties performed during normal working hours that pertain to the unique nature of the job. Such credit shall not be available for use as time off and shall be paid as salary compensation at the employee's regular rate of pay.” Approved:

Scott Ochoa, City Manager Date
City of Ontario
Brice Devey, President Date
Ontario Police Management Group
102
Department: Human Resources
Prepared By: Reed Sigler
Staff Member Presenting: Angela C. Lopez,
Executive Director Human Resources
Approved By:

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

APPROVAL OF AMENDED COMPENSATION AND BENEFITS PROFILE FOR THE

DEPARTMENT HEAD EMPLOYEE GROUP IN ACCORDANCE WITH MODIFICATIONS

REQUIRED BY CALPERS

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council, by motion, adopt a Resolution to approve an amended Compensation and Beneﬁts Proﬁle (Proﬁle) for the Department Head Group in accordance with modiﬁcations required by the California Public Employees Retirement System (CALPERS) to ensure that pension benefits are properly calculated.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended action has no direct ﬁscal impact as the proﬁle modiﬁcations coincide with the City's current practice of reporting special compensation.

BACKGROUND & ANALYSIS:

The proposed Resolution for the Department Head employee group is recommended as a result of the review from CalPERS of reportable compensation for employees preparing to retire from active service in the near future in accordance with the California Public Employees' Retirement Law (PERL).

CalPERS indicated that modiﬁcations to the Compensation and Beneﬁts Proﬁle for Department Head Employees are required to coincide with the City's practice in reporting special compensation to CalPERS. The modiﬁcations requested in the proposed Resolution and the proposed Compensation and Beneﬁts Proﬁle are to include language to identify the speciﬁc eligibility of employees in the Deputy Police Chief classification for Management Incentive Pay.

Department Head employees serve at the will of the City Manager and are not represented. The Resolution and side letters will help ensure that special compensation items reported by the City to CalPERS are included in the calculation of pension benefits for retirees as intended. 103
RESOLUTION NO. __________

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

CALIFORNIA, APPROVING AN AMENDED COMPENSATION AND

BENEFITS PROFILE FOR EMPLOYEES IN THE DEPARTMENT HEAD
GROUP.

WHEREAS, CalPERS conducted a review of the reported compensation for several retiring City employees and instructed the City to make certain modifications to the Compensation and Benefits Profile in order to ensure that reported special compensation items were included in pension benefit calculations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. That the City Council hereby approves the amended Compensation and Benefits Profile for Department Head employees incorporated herein by reference and enclosed as Exhibit “A” (“Profile”), which incorporates the modifications suggested by CalPERS.

SECTION 2. That the City Council hereby authorizes the City Manager to execute the amended Compensation and Benefits Profile with a July 1, 2023 effective date on behalf of the City of Ontario.

SECTION 3. This Resolution shall become effective upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 7th day of May, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
104
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
105

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
106

Compensation and
Benefits Profile

For

City of Ontario

Department
Head

Employees

July 1, 2023

Revised May 1, 2024
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Table of Contents

Administration ...................................................................................................................... 3 Covered Employee Classifications .................................................................................... 3 Terms and Conditions of Employment .............................................................................. 3 Compensation ...................................................................................................................... 4 Pay Plan and Benefits Review .......................................................................................... 4 Compensation Adjustments .............................................................................................. 4 Pay for Performance Bonus .............................................................................................. 5 Management Incentive Pay ............................................................................................... 5 Leaves – Paid and Unpaid ...................................................................................................... 5 Holidays ............................................................................................................................. 5 Annual Leave .................................................................................................................... 6 Use of Retained Sick Leave .............................................................................................. 9 Management Leave ........................................................................................................ 10 Personal Leave ............................................................................................................... 10 Bereavement Leave ........................................................................................................ 10 Compensatory Leave ...................................................................................................... 10 Family Medical Care Leaves ........................................................................................... 11 Paid Parental Leave ........................................................................................................ 11 Catastrophic Leave ......................................................................................................... 11 Jury Duty ......................................................................................................................... 12 Benefits .................................................................................................................................. 13 Health Insurance Contribution ......................................................................................... 13 Insurance ......................................................................................................................... 13 Flexible Spending Accounts ............................................................................................ 16 Deferred Compensation .................................................................................................. 16 Employee Assistance Program ....................................................................................... 16 Tuition Reimbursement ................................................................................................... 17 Auto Allowance ................................................................................................................ 17 Meal Reimbursement ...................................................................................................... 18 Health and Wellness Reimbursement ............................................................................. 18 Retirement – End of Service .................................................................................................. 18 CalPERS Contribution ..................................................................................................... 18 Employee Severance Compensation .............................................................................. 19 Article VI. General provisions .............................................................................................. 20 Overpayments, Recovery and Underpayments .............................................................. 20 Direct Deposit and Electronic Pay Advice ....................................................................... 20 Article VII. Final Signature...................................................................................................................... 21

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Administration
Covered Employee Classifications

This profile covers employees in the following Department Head classifications:

CLASSIFICATION LISTING
Assistant City Clerk / Records Management
Director
Assistant Finance Director
Assistant General Manager - Administration
and Customer Service
Assistant General Manager - Utilities Engineering
and Operations
Assistant Human Resources Risk Management
Director
Assistant Information Technology Director
Broadband General Manager Building Official
Chief Deputy Chief Investment Officer
City Engineer Communications and Community Relations Director Community Development Assistant Director Community Improvement Director Departmental Administrator Deputy Police Chief
Economic Development Director Emergency Medical Services Director Fire Administrative Director Housing Services Director
Innovation Performance and Audit IPA Director Integrated Waste Director IT Applications Director IT Operations Director
IT Systems Director Library Director
Management Services Director Municipal Services Director Museum, Arts and Culture Director Parks and Maintenance Director Planning Director Police Administrative Director
Real Estate and Development Assistant
Director
Recreation/Community Services Director
Utilities Customer Services Director Water Resources and Regulatory Affairs Director

Terms and Conditions of Employment

A. The Department Head Compensation and Benefits Profile is a summary of benefits and compensation practices approved by the City Council to be applied on an ongoing basis. The provisions of this document apply to all employees appointed to the Department Head classifications listed in Section 1.01 (hereinafter known as Employee).

B. This document sets forth policies and procedures to follow in implementing and administering this Department Head Compensation and Benefit program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and “Employment Policies” in the City’s Online Policy Center in effect and applicable to the above- mentioned classifications will remain in effect unless expressly super seded by provisions within this document.

C. The terms and conditions of employment for employees may also be addressed in individual employment contracts. Such contracts are considered to be supplemental to this document to address terms and conditions of employment that may not be addressed in this document. 109
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However, if an individual’s employment contract is in conflict with this document, then the provisions of the contract will supersede the provisions of this document.

D. Employees in Department Head classifications are considered to serve at the will and pleasure of the City Manager. The appointment of a person to a Department Head position will be made by the City Manager with the recommendation of the appropriate Executive Agency Head.

E. Employees in listed Department Head classifications are not represented by an employee organization. The terms and conditions of employment for these employees are provided in this Profile and/or employment contracts between the City and Department Head employees.

F. The various forms of compensation and benefits described in this comprehensive document recognize that individuals in Department Head classifications should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human, physical and fiscal resources to enhance the mission and future of the City; and for stimulating the development of people and methods which will facilitate the meeting of program goals and objectives.

G. The Profile may be amended on a periodic basis by the City Manager. The impacts of amendments to the Profile shall not exceed the budget authorizations provided by the City Council.

Compensation
Pay Plan and Benefits Review

Salary and benefit levels will be reviewed on a periodic basis. Such review will contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be one of the factors utilized to recommend competitive salary and benefit levels. Salary and benefit levels for individual positions may be adjusted from time to time, within the budget appropriation levels authorized by the City Council.

Compensation Adjustments

A. Progression in the salary range for employees shall be based on the employee’s performance. The employee’s Agency Head shall be responsible for evaluating the employee’s work performance and recommending any salary increases based on the employee’s performance. Employees will be evaluated annually.

B. Effective July 1, 2023, the City adopted a compensation grade table for Department Head classifications. This table includes a subsection for Department Head – Safety (Deputy Police Chief and Chief Deputy) classifications. This compensation grade table represents the complete range of base compensation for Department Head as well as Department Head – Safety classifications. Each classification is associated with a specific compensation grade as identified in Appendix A.

C. The City Manager shall assign each Department Head / Department Head - Safety classification to a compensation grade consistent with Section 2.01.

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Pay for Performance Bonus

Employees in the Department Head Group shall be eligible for Pay for Performance Bonus designed, as part of the annual evaluation process, to reward either singular achievement during the course of the evaluation year or superlative overall achievement. Ex amples include but are not limited to the completion of a major assigned project on time or under budget; enabling significant cost savings to the City; or making significant improvements to the efficiency of established practices.

Employees whose base salary compensation is below the maximum of their classification’s assigned compensation range will be eligible for a combination of a merit increase (up to the range’s maximum) and one- time non-PERSable bonuses that do not exceed an a mount that is five (5) percent above the annual maximum base compensation for their classification. Employees whose base salary compensation is at the maximum of their classification’s assigned compensation range will be eligible for one -time non-PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Additionally, a one-time non-PERSable bonus, from one (1) to five (5) percent can be awarded in lieu of a merit increase.

Any bonus granted under this program shall be requested in writing by the employee’s Agency Head and approved at the sole discretion of the City Manager. Any bonus awarded under this program is one time and is not considered part of base salary, nor is there any intention that any bonus serve as the basis for any future compensation.

Management Incentive Pay

Effective January 1, 2022, employees in the Deputy Police Chief classification shall receive Police Management Incentive credit at the rate of (8.08) hours per pay period, for a total of 210 hours each calendar year, in recognition of full-time duties performed during normal working hours that pertain to the unique nature of the job. Such credit shall not be available for use as time off and shall be paid as salary compensation at the employee's regular rate of pay.

Employees in the Chief Deputy classification shall receive management incentive pay at the rate of five (5) hours per pay period, for a total of 130 hours per calendar year , in recognition of full- time duties performed during normal working hours that pertain to the unique nature of the job.

Such hours shall not be used as time off and shall be paid as salary compensation at the employee's regular rate of pay.

Leaves – Paid and Unpaid
It is understood that there exists a variety of different circumstances and situations, which require the employee’s absence from work. The following is a compilation of leaves for employees:

Holidays

A. The following paid holidays will be observed on the day specified.

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
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Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day After 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. Any holiday listed in provision 3 .01 which falls on Sunday will be observed on the following Monday.

C. Any holiday which falls on an employee’s regular day off shall be accrued as annual leave.

The employee shall receive annual leave equal to their scheduled workday, not to exceed 10 hours per holiday, as follows:

1. Employees on an 8-hour per day work schedule shall receive eight (8) hours of annual leave.

2. Employees on a 4/10 work schedule shall receive 10 hours of annual leave.

3. Employees on a 9/80 work schedule shall receive compensation in accordance with their scheduled work day, as follows:
a. Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (e.g. 9 or 8 hours).
b. If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive nine (9) hours of annual leave.

D. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year’s Day. During this time, employees shall use accrued annual leave or management leave to cover this period of closure.

Annual Leave
A. The purpose of annual leave is to provide employees in the Department Head Group the ability to accrue time for use in vacation, sick leave and personal leave situations. Employees do not accrue separate vacation or sick leave hours. Annual leave shall not be used:

1. To extend retirement or separation date;

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payments from another employer.

B. Employees, exclusive of the Deputy Police Chief and Chief Deputy classifications , accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay period each year as follows:

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Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 – 8 216
9 – 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272

1. Annual leave shall be accrued based on paid hours on a pro-rated basis. For example, if an employee is paid for 40 hours in an 80 -hour pay period, the employee shall earn one-half of the normal accrual. Paid hours include regular work time, holiday, annual, management, bereavement, sick, personal, paid parental, catastrophic, jury duty, military, and disciplinary leaves. It excludes amounts paid by any disability benefits, including short-term disability and workers’ compensation.

2. The maximum annual leave balance shall be 800 hours. Employees shall not accrue annual leave above 800 hours.

3. Upon initial hire with the City, the City Manager may authorize a higher leave accrual rate.

4. Employees in the Deputy Police Chief classification shall accrue annual leave as provided for the Police Captain classification in the Memorandum of Understanding for the Ontario Police Management Group.

5. Employees in the Chief Deputy classification shall accrue annual leave as provided for the Deputy Fire Chief classification in the Memorandum of Understanding for the Ontario Fire Management Group.

C. Conversion of Accumulated Vacation and Sick Leave to Annual Leave

1. If an employee with accumulated vacation leave hours is promoted to a Department Head classification, all accumulated vacation leave hours shall be converted to annual leave hours.

2. If an employee with accumulated sick leave hours is promoted to a Department Head classification, the employee may, at the employee’s option, convert up to 100 hours of sick leave to annual leave hours. Remaining accumulated sick leave hours will be retained only for use as leave for purposes described in Section 3.03.

3. Employees cannot convert “retained sick leave” to annual leave at any other time.

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4. Upon promotion into the Department Head Group, if the combination of converted sick and vacation leave hours results in an annual leave balance of more than 750 hours, any leave hours over 750 hours will be converted to compensation at the rate prior to promotion.

D. Conversion of Annual Leave to Compensation

1. Employees may convert a minimum of eight (8) hours and a maximum of 200 hours of annual leave hours to salary compensation twice each calendar year. The total number of hours converted per calendar year shall not exceed 200. Employees may not convert accumulated annual leave below a balance of 40 hours.

2. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

Request Due Date Payment
2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December
E. Revised Conversion of Annual Leave to Compensation Procedure

1. In accordance with 26 CFR 1.451- 2 effective January 1, 2025, and continuing thereafter, unit employees must submit an irrevocable election form by no later than December 15th of the preceding calendar year to convert the following hours to cash:

Accrued Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.

2. The cash- out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form. The total combined number of annual and compensatory hours converted per calendar year shall not exceed 300 hours.

3. The payment shall be made via payroll and employees may elect to receive the cash out on the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

4. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave and/or compensatory time conversion salary program for the following calendar year.

5. In the event an employee has less hours in their annual leave and compensatory bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their annual leave an d compensatory bank at the time of the actual cash-out.

6. If an employee makes an irrevocable election to cash -out annual leave and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the annual and compensatory leave used will come from the annual or compensa tory leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash-out. The employee’s use of earned, but unused annual and/or compensatory leave accumulated from previous 114
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calendar years shall not result in a reduction in the number of annual and/or compensatory hours the employee is eligible to cash-out.

7. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:
a. Accident, illness, injury or death of the employee or an immediate family member.

For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
b. Loss or extensive damage to the employee’s property due to casualty; or c. Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

Whether an occurrence is an unforeseeable emergency shall be solely determined by the Executive Director Human Resources / Risk Management or designee.

8. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a 40 hour minimum balance. Cash -out of accumulated time shall be at the employee’s option.

Requests for cash-out are to be submitted in a manner prescribed by the City.

Use of Retained Sick Leave

A. Employees may utilize any retained sick leave balance for use as paid leave for:

1. Any bona fide illness or injury;

2. Quarantine due to exposure to contagious disease;

3. Any treatment or examination including, but not limited to, medical, dental or ocular;

4. Death in the immediate family;

5. Time off to resolve issues related to the employee being a victim of domestic violence, sexual assault or stalking as defined in California Labor Code Section 230;

6. Personal Leave as defined in Section 3.05;

7. Conversion to PERS Service Credit pursuant to CalPERS regulations.

B. A City employee is not entitled to use retained sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

C. Employees are not eligible to use retained sick leave for donations to catastrophic leave programs.
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D. All determinations of retained sick leave usage will be made by the Agency Head concerned, subject to the approval of the Executive Director Human Resources/Risk Management.

Management Leave

Employees accrue 40 hours of management leave with the first pay period ending in January.

Effective January 1, 2024, employees shall accrue 50 hours of management leave with the firs t pay period ending in January. Employees hired or promoted after that date shall receive a prorated amount of such leave. Such leave may only be utilized as time off during the calendar year. Any remaining hours will not carry over to the succeeding calendar year. Such leave will not convert to compensation upon separation from employment. Employees will not use management leave to extend retirement or separation date.

Personal Leave

An employee may use up to three (3) working days of retained sick leave per calendar year as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Bereavement Leave

A. In the event of a death in the employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against any accrued annual leave or management leave. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee's immediate family member. The employee may elect to use accrued time off including annual leave or management leave to cover the unpaid portion of their bereavement leave.

B. A total of five (5) working days of paid bereavement leave shall be granted if there is a death in the immediate family outside the State boundaries or more than 250 miles from the employee’s home. Such bereavement leave shall not be charged against the employee’s annual leave or management leave.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision is defined as the following relationships relative to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adopt ive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation.

Compensatory Leave

Employees are not eligible to accrue compensatory time. Any employee who is promoted to the Department Head Group will be required to convert any accrued balance of compensatory time to compensation at the rate of pay prior to the promotion. 116
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Family Medical Care Leaves

A. Family Leave shall be granted in accordance with the California Rights Act of 1993 and the Family and Medical Leave Act of 1993, and any modified provisions and interpreted regulations for those respective statutes.

B. Employees may utilize up to six (6) weeks of retained sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave may be in addition to any other paid or unpaid leave, which may be granted under the provisions of FMLA and CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA and CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave or Pregnancy Disability Leave (PDL) of absence shall run concurrently with FMLA/CFRA leave.

C. Employees on any type of leave are required to use all eligible leave accruals, or the number of hours for full integration if integrating with disability programs, up to 80 hours per pay period. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals include, but are not limited to, annual leave and management leave for any purpose, and retained sick leave accruals if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Paid Parental Leave

A. Each employee shall be granted a paid parental leave of absence not to exceed 40 hours per calendar year upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is subject to the department’s established time off or leave of absence approval procedures. Such paid parental leave shall not be charged against the employee's sick leave, vacation leave, or annual leave.

B. The employee may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children and/or the employee's relationship to the child or children.

C. Paid Parental Leave will be considered as qualifying leave under the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) and shall run concurrently with an entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statues.

Catastrophic Leave

A. The City agrees to permit employees within the Department Head Group to contribute a portion of their accrued annual leave to another employee when such employee has suffered a catastrophic injury or illness. Employees may receive donations from other employees.

B. The City also agrees to permit employees to contribute a portion of their accrued annual leave to another employee when such an employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child.

Retained sick leave may not be donated.
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C. All Catastrophic Leave transfers are subject to the following conditions:

1. The Human Resources / Risk Management Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or their Department requesting donations.

2. Catastrophic injury or illness as used in this provision is defined as an unforeseen or sudden unexpected illness or injury requiring immediate attention.

3. The receiving employee shall be on an approved continuous leave of absence at least 40 hours due to the catastrophic injury or illness. A statement from the employee’s or family member’s treating physician is required.

4. The employee has exhausted all accrued leave time and is therefore facing financial hardship.

5. The receiving employee must participate in any City disability benefits for which the employee is eligible (e.g. short -term disability, long- term disability, or workers’ compensation).

6. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

7. The contributing employee must have at least 96 hours of annual leave remaining after such contribution. The leave application rate shall be based on the contributing employee’s dollar value, which shall be adjusted proportionally to the receiving employee’s rate.

8. The transfers must be in whole hour increments. Donations shall be transferred in accordance with the recipient's needs. Employees may not donate retained sick leave.

9. Once the leave has been transferred from the donating employee to the receiving employee, the transfer is irrevocable. Transfers shall be subject to all taxes required by law.

10. Requests and transfers shall be made on a form prescribed by the Human Resources / Risk Management Department.

Jury Duty

A. In the event any full-time employee is duly summoned to any court during the employee’s scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excepting mileage or sustenance allowances, shall be remitted to the City.

B. Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 p.m. If the employee is called to San Bernardino, he or she must return to work 118
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if dismissed by 2:00 p.m. Upon return from jury duty, the employee shall present a certificate of service to the employee’s Agency Head.

C. This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Benefits
Health Insurance Contribution

The City will contribute up to a maximum of $300 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Insurance

A. City Contributions to Cafeteria Plan Benefits

1. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental and vision benefits.

2. Enrollment: An Eligible Employee must enroll in the City medical insurance plan unless the employee satisfies the conditions to be eligible for the opt -out provision below. The City’s lowest cost employee- only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

3. City Contribution: For eligible active employees, excluding those in the Deputy Police Chief and Chief Deputy classifications, who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01(A), shall be tiered. Employees who enroll in the City’s medical plan shall receive a Health Flex Contribution depending on the level of coverage selected by the employee as follows:

Single Coverage $765
Two-party Coverage $1,090
Family Coverage $1,380

4. Eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 4 .01(A), shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017 selecting single party coverage, shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage, shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

5. For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employees is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits. 119
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6. After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Only those Eligible Employees hired on or before December 31, 2017, and enrolled in single level coverage, may take the remainder of the City’s contribution in cash as taxable compensation

7. For employees in the Deputy Police Chief classification, the health insurance contributions rate shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

8. For employees in the Chief Deputy classification, the health insurance contributions rate shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

9. Cash-in-Lieu Option: An employee will be eligible to receive cash -in-lieu instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:
a. The employee signs a form attesting that the employee and the employee's Tax Family have Alternative Required Coverage for the Opt -Out Period meeting the following definitions:

1. Tax Family - all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies.

2. A lternative Required Coverage - minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).

3. O pt -Out Period - the plan year to which the opt-out arrangement applies. b. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.
c. The cash in lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section are not otherwise satisfied.
d. I f the above conditions are satisfied:

1. Eligible Employees hired on or after September 1, 2004, are eligible to receive $420 per month cash-in-lieu.

2. Eligible Employees hired on or before September 1, 2004, are eligible to receive $485 per month cash-in-lieu.

10. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in Section 4.02). Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

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For employees in the Deputy Police Chief classification, the dental insurance contributions rate shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the dental insurance contributions rate shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

11. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employee and dependent coverage (in addition to the City Contribution described in this Section 4 .02).

Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

For employees in the Deputy Police Chief classification, the vision insurance contributions rate shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the vision insurance contributions rate shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

B. Eligible Employee Requirements

1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 4.02, unless the employee is receiving disability benefits. Paid status includes hours paid for: regular work time, annual leave, management leave, bereavement leave, retained sick leave, jury duty leave, personal leave, catastrophic leave, paid parental leave, paid military leave, disciplinary leave and paid holidays.

2. The City Manager may authorize, at their sole discretion, continuation of benefits for employees that do not have 15 hours of pay for a limited period of time. As defined under the Family Medical Leave Act of 1993 (FMLA), the City may determine that some unit employees may fall under the criteria of a “key” employee. If not a key employee, health benefits shall be continued as required by law for leave taken pursuant to FMLA.

3. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

C. Disability
The City assumes the full premium cost for the employee in the City -designated short and long-term disability programs.

D. Life and Accidental Death & Dismemberment Insurance

Except for employees in the Deputy Police Chief and Chief Deputy classifications, employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD&D) insurance plan. The City will pay the premiums for life insurance coverage amounts of $75,000 for basic life and $75,000 for AD&D.

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For employees in the Deputy Police Chief classification, the City will pay a monthly life and AD&D insurance premium providing $300,000 basic life insurance or $300,000 AD&D insurance and not less than that of the Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, t he City will pay a monthly life and AD&D insurance premium providing $300,000 basic life insurance or $300,000 AD&D insurance and not less than that of the Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

E. Retiree Health, Medicare, and Dental Contributions

For employees in the Deputy Police Chief classification, the retiree health, Medicare and dental insurance contributions shall be no less than the same contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the health, Medicare and dental insurance contributions shall be no less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

Flexible Spending Accounts

The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre -tax deductions for qualifying medical, dental , vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service code.

Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer deferred compensation contributions. Effective July 2, 2023, t he City will contribute 3% of the employee’s base salary to the Section 401(a) plan up to the maximum amount established by the relevant sections of the tax codes.

B. For employees in the Deputy Police Chief classification, the deferred compensation contribution shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

C. For employees in the Chief Deputy classification, the deferred compensation contribution shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

D. Employees are eligible to voluntarily participate in a Section 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may contribute additional deferred compensation to the plan in accordance with plan provisions and s ubject to plan maximums.

Employee Assistance Program
The City offers an employee assistance program for all members of this group. Confidentiality regarding employee use of this program will be maintained in full compliance with State and Federal Regulations.

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Tuition Reimbursement
To provide encouragement for all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic and continuing education courses that are determined to be job-related and subject to the following conditions:

A. Full-time employees are eligible.

B. The determination that the course is job related shall be made by the employees’ Agency Head.

C. The course shall provide college- level or professional continuing education credit from an accredited educational institution.

D. The employee is not eligible for assistance from any other source.

E. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

F. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

G. Classes shall not interfere with the employee’s normal work hours. Any exceptions must be approved by the employee’s Agency Head.

H. Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course.

I. The maximum reimbursement amount paid to an eligible employee shall not exceed $1,000 per calendar year.

Tuition reimbursement requests shall be submitted through the City’s human resources information system to the employee’s Agency Head for a determination that the course is job- related. After such determination is made, the Agency Head shall approve the request and it will be routed to Human Resources for processing. The Human Resources / Risk Management Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to Human Resources. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Auto Allowance

The City may assign a City -owned vehicle to an employee for use on City business or the City may provide a monthly allowance of up to a maximum of $350 for an employee that is regularly required to use the employee’s private vehicle on City business. The City Manager may adjust such stipend in accordance with levels of activity and operational necessity.

If assigned, a City -owned vehicle may be used by the employee for City business and for commuting to and from the employee’s residence. Such assignment of a vehicle would be in lieu of an auto allowance. Due to the nature of the employee’s duties, the vehicle may be garaged at the employee’s residence. The City shall be responsible for the purchase, fueling, maintenance, repair, and regular replacement, if warranted, of the assigned vehicle during and as a result of their scope and performance of duties. The employee must be licensed to operate a Class C 123
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vehicle in the state of California and possess automotive automobile liability insurance as required by the State of California law. Consistent with California law, as the vehicle operator, the employee assumes responsibility for the safe operation of the vehicle. The City may be required to report all, or a portion, of the value of the provided vehicle as income consistent with applicable Internal Revenue Service regulations.

Meal Reimbursement

An employee may request reimbursement for meals consumed after regular work hours when such employee is required by the Agency Head to attend City Council meetings and C ity Commission meetings that are in addition to those regularly scheduled. The limit for reimbursement shall be $12 and only actual expenses will be reimbursed. Requests will be submitted on the City’s reimbursement form through established channels and must include receipts verifying the expense.

Health and Wellness Reimbursement

Effective July 1, 2024, employees shall be reimbursed up to $1,000 each fiscal year for eligible health and wellness related expenses incurred for themselves and their eligible dependents that are not otherwise covered by the City’s group plans. Such expenses may include: out -of-pocket health plan premiums; health plan deductibles; gym/fitness club membership fees; sports activities or fees; sports clothing (footwear, equipment, training and wearable fitness devices); outdoor/indoor equipment fees and rentals; subscriptions and fees for virtual/online home fitness classes or fitness / health related applications; medical testing (biometric testing, fitness, BMI assessment); holistic healing and acupuncture; massage therapy; lessons or personal training; state or national park passes; art supplies; musical instruments; hobby and craft supplies; learning tools (applications, software or online subscriptions ), or any other health and wellness related expense as determined by the Executive Director Human Resourc es / Risk Management.

Reimbursements shall be made at designated times twice each year pursuant to the program provisions. Upon hire or promotion, employees will be eligible for a prorated reimbursement for the current fiscal year.

Retirement – End of Service
CalPERS Contribution

A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013, in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six (6) months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous Members including integration with Social Security. 124
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This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. Classic members , except those in the Deputy Police Chief and Chief Deputy classifications shall pay the employee’s contribution of 8% percent as a pre -tax deduction to CalPERS. Employees in the Deputy Police Chief classification shall pay the same CalPERS contributions as employees in the Ontario Police Management Group. Employees in the Chief Deputy classification shall pay the same CalPERS contributions as employees in the Ontario Fire Management Group.

B. New Member

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 , or former members who have more than a six - month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New Members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new members shall be one -half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution for new members is 6.25% , except for those in the Deputy Police Chief and Chief Deputy classifications. This amount will be adjusted periodically by CalPERS. Employees in the Deputy Police Chief classification shall pay the same CalPERS contributions as employees in the Ontario Police Management Group. Employees in the Chief Deputy classification shall pay the same CalPERS contributions as employees in the Ontario Fire Management Group.

C. Optional Benefits for Classic and New Members

The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:

1. Section 20903 – Two Years Additional Service Credit

2. Section 20965 – Sick Leave Credit

3. Section 21024 – Military Service Credit

4. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability

5. Section 21548 – Pre-Retirement Optional Settlement Death Benefit Employee Severance Compensation

In recognition that employees serve at the will and pleasure of the City Manager, the City Manager may offer employment severance pay to terminating employees. The period of such severance compensation shall be determined by the City Mana ger and may be included in the terms of a 125
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contractual agreement between the employee and the City made at the time the individual is hired or promoted.

General Provisions
Overpayments, Recovery and Underpayments

A. In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall ideally occur within the same time frame as the overpayment was received by the employee or sooner at the employee’s discretion. For overpayments in excess of $100.00, the minimum repayment amount shall be $50.00 per pay period.

B. Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

C. Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director Human Resources / Risk Management or their designee.

D. If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

E. In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

Direct Deposit and Electronic Pay Advice

A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one (1) month.

B. In an extraordinary circumstance/event that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to Human Resources to be considered for an exception. Human Resources shall review the request for the Direct Deposit Special Exem ption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of Human Resources.

D. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

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ARTICLE VII. F INAL SIGNATURE

All provisions set forth in this Profile are hereby effective the 1st day of July 2023.

City of Ontario

Scott Ochoa
City Manager

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APPENDIX A

DEPARTMENT HEAD COMPENSATION RANGES
EFFECTIVE JULY 2, 2023

RANGE MINIMUM MEDIAN MAXIMUM
DH1 $ 10,902.66 $ 12,704.54 $ 14,506.41 DH2 $ 11,447.79 $ 13,339.76 $ 15,231.73 DH3 $ 12,020.18 $ 14,006.75 $ 15,993.32 DH4 $ 12,621.19 $ 14,707.09 $ 16,792.98 DH5 $ 13,252.25 $ 15,442.44 $ 17,632.63 DH6 $ 13,914.86 $ 16,214.56 $ 18,514.26 DH7 $ 14,610.61 $ 17,025.29 $ 19,439.98 DH8 $ 15,341.14 $ 17,876.56 $ 20,411.98 DH9 $ 16,108.19 $ 18,770.38 $ 21,432.57 DH10 $ 16,913.60 $ 19,708.90 $ 22,504.20 DH11 $ 17,759.28 $ 20,694.35 $ 23,629.41

PS1 $ 19,326.20 $ 22,515.03 $ 25,703.85 PS2 $ 20,485.70 $ 23,865.84 $ 27,245.98 PS3 $ 21,162.19 $ 24,653.96 $ 28,145.72 PS4 $ 22,431.84 $ 26,133.10 $ 29,834.35

DEPARTMENT HEAD COMPENSATION RANGES
EFFECTIVE JULY 14, 2024

RANGE MINIMUM MEDIAN MAXIMUM
DH1 $ 11,938.41 $ 13,911.47 $ 15,884.52 DH2 $ 12,535.33 $ 14,607.04 $ 16,678.74 DH3 $ 13,162.10 $ 15,337.39 $ 17,512.68 DH4 $ 13,820.21 $ 16,104.26 $ 18,388.32 DH5 $ 14,511.22 $ 16,909.47 $ 19,307.73 DH6 $ 15,236.78 $ 17,754.95 $ 20,273.12 DH7 $ 15,998.61 $ 18,642.69 $ 21,286.77 DH8 $ 16,798.55 $ 19,574.83 $ 22,351.11 DH9 $ 17,638.47 $ 20,553.57 $ 23,468.67 DH10 $ 18,520.40 $ 21,581.25 $ 24,642.10 DH11 $ 19,446.42 $ 22,660.31 $ 25,874.21

PS1 $ 21,162.19 $ 24,653.95 $ 28,145.72 PS2 $ 22,431.84 $ 26,133.09 $ 29,834.35 PS3 $ 23,172.60 $ 26,996.08 $ 30,819.56 PS4 $ 24,562.87 $ 28,615.74 $ 32,668.61

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DEPARTMENT HEAD CLASSIFICATIONS – RANGE ASSIGNMENTS
EFFECTIVE JULY 2, 2023

CLASSIFICATION RANGE
Assistant City Clerk / Records Management Director DH5
Assistant Finance Director DH5
Assistant General Manager - Administration and Customer Service DH6 Assistant General Manager - Utilities Engineering and Operations DH8 Assistant Human Resources Risk Management Director DH4
Assistant Information Technology Director DH5
Broadband General Manager DH6
Building Official DH5
Chief Investment Officer DH1
City Engineer DH8
Communications and Community Relations Director DH5
Community Development Assistant Director DH8
Community Improvement Director DH2
Departmental Administrator DH1
Deputy City Manager (DH) DH5
Economic Development Director DH6
Emergency Medical Services Director DH2
Fire Administrative Director DH2
Housing Services Director DH2
Innovation Performance and Audit IPA Director DH5
Integrated Waste Director DH6
IT Applications Director DH2
IT Operations Director DH2
IT Systems Director DH2
Library Director DH2
Management Services Director DH5
Municipal Services Director DH1
Museum, Arts and Culture Director DH1
Parks and Maintenance Director DH1

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CLASSIFICATION RANGE
Planning Director DH6
Police Administrative Director DH2
Real Estate and Development Assistant Director DH2
Recreation/Community Services Director DH1
Utilities Customer Services Director DH1
Water Resources and Regulatory Affairs Director DH5

Deputy Police Chief PS3
Chief Deputy PS3

130
Department: Fire Department
Prepared By: Joseph Ramos
Staff Member Presenting: Mike Gerken, Fire
Chief
Reviewed By: Sagar Patel
Approved By:

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

A RESOLUTION APPROVING AND ADOPTING THE CITY OF ONTARIO'S 2024

EMERGENCY OPERATIONS PLAN

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

There is no direct impact ﬁscal impact associated with this action. However, having a current Emergency Operations Plan does ensure the City remains eligible to receive State or Federal grant funding.

BACKGROUND & ANALYSIS:

In 1993, California Government Code § 8607 enacted the
Standardized Emergency Management System (SEMS).

SEMS is the cornerstone of California's
emergency response system and the fundamental structure for the response phase of emergency management. Local government entities must use SEMS in order to be eligible for some reimbursement of response-related costs under the State's disaster assistance programs.

Furthermore, to enhance the ability of the United States to manage domestic incidents, Homeland Security Presidential Directive - 5 (HSPD-5) was issued in 2003 in order to establish a single comprehensive National Incident Management System (NIMS). The National Incident Management System (NIMS) is based on the concept that local jurisdictions retain command, control, and authority over response activities, and is applicable to all incidents and all levels of government, including elected oﬃcials, appointed oﬃcials,
and stakeholders who assume a role in emergency
management. HSPD-5 requires adoption of NIMS by States, tribal, and local organizations as a condition for Federal preparedness funding.

The Emergency Operations Plan (EOP) is a preparedness document designed to be read, understood, and exercised before an emergency. It provides the planning basis for hazard identiﬁcation, hazard mitigation, disaster preparedness, emergency response, and recovery eﬀorts.

The EOP creates a uniform structure for emergency management. While it is designed to include 131
the City of Ontario as part of the California SEMS, it is written primarily for (1) City Management Staﬀ, (2) City Employees, (3) Federal, State, and County Governments, (4) Special Districts who serve City of Ontario residents, and (5) Private and volunteer organizations involved in emergencies.

City Council last approved and adopted the Emergency Operations Plan in 2014.

Since that time,
there have been numerous policy and industry changes which impact the way the City responds to various emergencies. To account for these changes, the Oﬃce of Emergency Management would make modiﬁcations to the plan as recommended by the Emergency Management Working Committee (EMWC), a body of representatives from each City department and agency. The last recorded update to the existing plan was made in 2019.

The proposed 2024 Emergency Operations Plan is a complete update to the entire plan with a design intended for easier readability for all stakeholders. Through the support of EMWC, City Staﬀ from multiple departments reviewed and made changes to the existing plan to establish the policies, concepts, and general protocols aligned with both SEMS and NIMS.

This updated EOP also
identiﬁes how the City ﬁts into the overall National Response Framework.

The Plan represents the
City's commitment to prepare for natural, technological, and human-caused emergencies and disasters, and serves as a guide for decision-makers as they commit resources to reducing the eﬀects of these emergencies and disasters. Upon approval by the City Council, the EOP will be reviewed annually by the EMWC and will be considered for the next major update to the plan in 2028.
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE 2024 EMERGENCY OPERATIONS PLAN.

WHEREAS, Section 8610 of the California Government Code requires the Disaster Councils of all cities and counties to develop a plan for meeting all conditions constituting a local emergency or state of emergency; and WHEREAS, Chapter 3 of Title 4 of the Ontario Municipal Code requires the development and submission of a disaster response plan to the City Council for adoption; and
WHEREAS, the City of Ontario has developed an Emergency Operations Plan that is Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) compliant; and
WHEREAS, the City Council of the City of Ontario wishes to provide for the organization of emergency services and coordination of emergency functions within the City and with other public agencies, private organizations, and businesses.

WHEREAS, the City of Ontario promotes and supports the goal of a prepared, disaster-resilient community; and
WHEREAS, the City of Ontario previously adopted it’s Emergency Operations Plan with the adoption of Resolution No. 2014-039
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario as follows:

SECTION 1. The City Council approves the City of Ontario 2024 Emergency Operations Plan Update.

SECTION 2. The City Council hereby authorizes that a copy of the City Council approved City of Ontario Emergency Operations Plan be forwarded to the San Bernardino County Operational Area (OA)
SECTION 3. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 7th day of May 2024. _____________________________________
PAUL S. LEON, MAYOR
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ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
134

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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City of Ontario Emergency Operations Plan 2024
1 136
City of Ontario Emergency Operations Plan 2024
2 Forward
The plan does not apply to normal day-to-day
emergencies and the well-established and
routine procedures used in coping with such
emergencies. Instead, the operational concepts
reflected in this plan focus on potential large-scale
disasters, which can generate unique situations
requiring unusual responses. Such disasters pose
major threats to life and property and can impact
the well-being of large numbers of people.

This plan should be considered a preparedness
document. To be effective, it must be read and
understood before an emergency. It is designed
to include the City as part of the statewide
emergency management system and is fully
consistent with both the Standardized Emergency
Management System and the National Incident
Management System.

The Basic Plan provides overall organizational
and operational concepts for responding to
various identified hazards that may impact the
City of Ontario.

Individuals and agencies assigned emergency
responsibilities within this plan will prepare
appropriate emergency operating procedures
and maintain an acceptable level of
preparedness to implement portions of the
plan. These Standard Operating Guides can be
considered an extension of the City of Ontario
Emergency Operations Plan.

This Emergency Plan addresses the City of Ontario's planned response to extraordinary emergency situations associated with natural disasters, technological incidents, nuclear defense operations, and terrorism. The goal of this Emergency Operations Plan is to reduce the loss of lives and property caused by disasters. 137
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3 Date Section Description
Plan Revisions
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4 Contents

1. Introduction 6

1.1 Purpose and Scope 7

1.2 City EOP 8

1.3 Relationship to Other Plans 9

1.4 Plan Organization 10

2. Situation 12

2.1 Community Profile 13

2.2 Hazard Prioritization 14

2.3 Critical Facilities 14

3. Concept of Operations 15

3.1 Assumptions 17

3.2 Emergency Management Phases 19
Mitigation 20
Response 20
Preparation 20
Recovery 20

3.3 National Incident Management System (NIMS) 21

3.4 Standardized Emergency Management System (SEMS) 21

3.5 Incident Command System (ICS) 22

3.6 Master Mutual Aid Agreement (MMAA) 24

3.7 Emergency Management Assistance Compact (EMAC) 24

3.8 Administration, Finance, and Logistics 25

3.8.1 Administration 25

3.8.2 Finance 25

3.8.3 Logistics 25

4. Emergency Response Operations 26

4.1 Field Response 27

4.1.1 Field Incident Command 28
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5 4.1.2 Incident Command Post (ICP) 28

4.2 Other Agency/Special District Involvement 29

4.3 Disaster Council 30

4.4 Ontario EOC Structure and Responsibilites 30

5. Continuity of Government

6. Notification and Mobilization

6.1 Overview 35

6.2 Notification 35

6.3 Communication Systems 36

6.3.1 Local Communication Systems 36

6.3.2 County Communication Systems 36

6.3.3 State and Federal Communication Systems 37

6.4 Community Communications and Public Information Responsibility 37

6.4.1 Function 38

6.4.2 Joint Information Center 38

6.4.3 Public Awareness and Education 39

6.4.3.1 Emergency Public Information 39

6.4.3.2 Public Notification System 39

6.4.4 Isolated Populations 40

6.4.5 Private Sector and Nongovernmental Organizations 41

6.4.6 Hotlines and Public Information Services 41

7. Emergency Proclamations 42

8. Recovery 43

9. Plan Maintenance and Distribution 44

9.1 Review and Approval 45

9.2 Plan Updates 45

9.3 Standard Operating Procedures Development 46

9.4 Training and Exercises 46

9.5 After-Action Reports and Corrective Action Reports 46 140
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6 1. Introduction
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7 1.1 Purpose and Scope
This Emergency Operations Plan (EOP) is intended
to provide a comprehensive plan for managing
emergency situations involving natural disasters,
homeland security emergencies, and technological
accidents within the City of Ontario.

This EOP contains a hazard analysis and a
description of preparedness measures intended
to protect the health and lives of community
members and minimize damage. It describes
procedures for activating the City of Ontario's
Emergency Operations Center (EOC) and the
organization within it, responding to emergency
situations, and conducting recovery operations
to restore the community after a disaster.

This EOP provides an overview of concepts that
are integral to the City's emergency response,
including the National Incident Management
System (NIMS), the Standardized Emergency
Management System (SEMS), and the Incident
Command System (ICS). This plan also includes a
discussion of the responsibilities of federal, state,
regional, and county-level government agencies.

This plan is intended to serve as a guideline for
emergency operations for all hazards. Officials
within the City of Ontario's Office of Emergency
Management (OEM) have the authority to modify
the policies established in this EOP during an
emergency to improve the City's response, as
needed. This EOP does not precisely describe the
field-level response for emergencies, which are
otherwise included in the Standard Operating
Procedures for individual departments.

This EOP should be read, understood, and
exercised prior to an emergency. It is the result
of a joint planning effort between multiple City
departments and reflects input and information
from numerous committees, state and federal
agencies, and nongovernmental organizations.

Updates to the plan itself are the responsibility of
the City of Ontario's Emergency Manager, while
Functional Annexes are the responsibility of the
respective Department Directors.
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8 1.2 City EOP
Activation of the EOP occurs as the result of the following conditions:

EOP activation should not be confused with activation of the City's EOC. Detailed information about activating the City's EOC is contained in Appendix M.

By order of the Director of Emergency Services (Director) as specified in City Municipal Code Title 4, Chapter 3, Section 4-3.06, provided that the existence or threatened existence of a Local Emergency has been proclaimed per the City Municipal Code.

When the Director determines that the available resources are inadequate to cope with the incident.

When the Governor proclaims a State of Emergency for an area that includes the City.

A Presidential Declaration of a National Emergency.

Automatically on the proclamation of a State of War Emergency as defined in the California Emergency Services Act (Government Code §§ 8550, et seq.).
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9 The EOP is the primary document used by the City
to describe the conduct of emergency management
activities. The EOP addresses how emergency
response and recovery operations will be conducted
and how resource support will be requested and
coordinated.

The EOP is not a stand-alone document. Its
purpose is to coordinate emergency operations
while supporting the emergency plans and
procedures of all City departments. The EOP
is designed to be flexible enough to adapt
to a changing response environment while
meeting the needs of supporting and requesting
organizations. Other plans and guidelines the EOP
may support/complement include:

1.3 Relationship
to Other Plans
2024
2023
2022
State of California
Emergency Plan
California Fire Service and Rescue
Emergency Mutual Aid Plan
State of California Emergency
Management Mutual Aid Plan
2019
2011
2018
2023
California Law Enforcement
Mutual Aid Plan
California Public Health
and Medical Emergency
Operations Manual
San Bernardino County
Operational Area Emergency
Operations Plan
City of Ontario Local Hazard
Mitigation Plan
Other City Department
Emergency Operations
Plans and Standard
Operating Procedures
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10 Provide a description of the legal authorities upon which the City has structured its emergency management organization, including the emergency declaration process, activation of mutual aid agreements, and request for resources; Describe the context under which the City will respond to an incident, including a community profile and discussion of hazards and threats facing the community; Assign and describe roles and responsibilities for the City's agencies tasked with emergency preparedness and response functions;
Describe the City's emergency response structure, including activation and operation of the City EOC and implementation of the ICS; and
Discuss the City's protocols for maintaining and reviewing this EOP, including training, exercises, and plan maintenance.

Describe a concept of operations for the City that provides a SEMS and NIMS-compliant framework upon which the City will conduct its emergency operations and coordinate with other agencies and jurisdictions;

1.4 Plan Organization
The basic plan describes the policies, responsibilities, fundamental systems, operational priorities, strategies, and assumptions that the City of Ontario will utilize to guide and support emergency management efforts. The purpose of the Basic Plan is to:
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11 The support annexes describe the framework
through which City of Ontario departments
and agencies, the private sector, non-
profit and voluntary organizations, and other
nongovernmental organizations coordinate and
execute the common emergency management
strategies. The actions described in the support
annexes apply to nearly every type of emergency.

Subsequent plans and procedures developed in
support of the Emergency Plan, such as mutual aid
plans, hazard-specific plans, catastrophic plans,
and related procedures, will be incorporated by
reference and maintained separately from the
basic plan.

The hazard-, threat-, or incident-specific annexes
describe the policies, situation, concept of
operations, and responsibilities for particular
hazards, threats, or incidents.

Appendices
Hazard-Specific Annexes
These elements culminate with a comprehensive emergency management concept of operations that outlines the relationships and responsibilities of state government and its political subdivisions.

Support Annexes
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12 2. Situation
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13 The City of Ontario covers 50 square miles and is
located 34 miles east of Los Angeles and 21 miles
west of San Bernardino. The city is bordered to the
west by Montclair and Chino, to the north by Upland,
to the East by Rancho Cucamonga and Fontana, and
to the south by Eastvale. Ontario is located on a
flat plain at the base of the San Gabriel Mountains
and is approximately 925 feet above sea level.

According to the 2020 U.S. Decennial Census, the
city's population is 175,518.

The City of Ontario is exposed to many hazards,
all of which have the potential to disrupt the
community, cause damage, and create
casualties. Possible natural hazards include
earthquakes, floods, and extreme weather (severe
winds, extreme heat, and severe rainstorms).

Other human-caused disaster situations could
develop from public health-related incidents,
major transportation accidents, hazardous
material (HazMat) incidents, and acts of terrorism.

A hazard analysis has indicated that the City of
Ontario is at risk from numerous hazards associated
with natural disasters, technological incidents,
and terrorism. These hazards are identified in the
2023 City of Ontario Local Hazard Mitigation Plan,
which also provides information on their possible
impact on the City of Ontario.

The organizations described or noted in this
plan will be aware of significant emergency
conditions as they arise. These conditions will
trigger a response consistent with the respective
responsibilities and roles defined by this plan, or
other legal and policy frameworks. The responding
organizations will be constrained in their response
by the level of training, readiness activities, and
interagency coordination undertaken prior to
the event.

The citizens of the City of Ontario will be expected
to provide for their immediate needs to the
extent possible for at least 72 hours following a
catastrophic event. This may include public and
private resources in the form of lifeline services.

A catastrophic earthquake would adversely
impact local, county, and state government
response capabilities. Consequently, a number
of local emergencies may be declared.

Communications, electrical power, water and
natural gas lines, sewer lines, and fuel stations
will be seriously impaired during the first 72 hours
following a major earthquake and may not be
fully restored for 30 days or more.

Transportation corridors will be affected, so only
equipment, foodstuffs, supplies, and materials
on hand will be available for use during the first
72 hours of emergency operations.

It is possible that only on-duty emergency response
personnel will be available during the first 6 hours
following a significant earthquake, with full mission
capability not being reached for 24 hours.

In the event of a catastrophic regional
earthquake, the City Of Ontario's EOC capability
may be limited if communications links to other
agencies and City departments are degraded,
and a clear picture regarding the extent of
damage, loss of life, and injuries may not be
known for at least 72 hours.

2.1 Community Profile
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14 2.2 Hazard Prioritization

2.3 Critical Facilities
See the 2023 City of Ontario Local Hazard Mitigation Plan for detailed hazard and threat analysis
An inventory of City Critical Facilities is provided in Appendix O. 149
City of Ontario Emergency Operations Plan 2024
15 3. Concept of Operations
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16 Provide effective measures
to reduce injury and death,
property damage, and
environmental impacts.

Provide for a rapid and
complete recovery for
affected businesses and
local services.

Provide documentation
and records as necessary
for cost recovery efforts.

This EOP addresses a broad spectrum of events, from
relatively minor incidents to full-scale disasters. Some emergencies, such as flooding or windstorms, can be
forecasted in advance or with enough notice to allow City staff and members of the public to take steps to reduce injury and death, property damage, and environmental
effects. Other emergencies, such as earthquakes or
transportation incidents, can occur with little or no
warning; in these instances, the activation of the EOP
and mobilization and deployment of emergency response
personnel and resources must occur immediately. All
municipal departments and staff must be available to
respond quickly and effectively in order to manage the
emergency and accomplish three key goals:
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17 Transportation infrastructure may be damaged or disrupted. Emergency responders may have difficulty reaching people, and evacuation routes may cause traffic backups slowing egress from damaged areas. The movement of emergency supplies may be impeded.

The City of Ontario is primarily responsible for emergency actions and will commit all available resources to save lives and minimize injury to people and property damage.

The City will respond to emergencies within the existing Emergency Management Organization in the State of California.

The City will use the ICS and the Multiagency Coordination System (MACS) for all incidents and events.

The City of Ontario will participate in the San Bernardino County Operational Area (SBCOA).

The City will commit its resources to a reasonable degree before requesting mutual aid assistance.

Mutual Aid assistance will be requested when disaster relief requirements exceed the City's ability to meet them.

The City of Ontario's resources will be made available to local agencies and citizens to cope with disasters affecting this area.

The Director of Emergency Services will coordinate the City's disaster response in conformance with Title 4, Chapter 3 of the Ontario Municipal Code.

3.1 Assumptions
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18 The City of Ontario will utilize SEMS/NIMS/ICS in emergency response operations.

Businesses in Ontario may not be able to supply the public with basic necessities such as food, water, blankets, etc. Additionally, businesses may have difficulty remaining open.

Volunteers may come from other areas to help, causing problems with accountability.

Donated goods not presently needed may be dropped off at various locations.

Effective emergency operations require periodic training and exercises.

Communication infrastructure may be damaged or disrupted, thus slowing the dissemination of information and reporting of persons needing help.

Damage to facilities that use hazardous or toxic chemicals could result in the release of these hazardous materials into the environment.

Homes, businesses, public buildings, antenna sites, and other critical facilities may be damaged or destroyed. Public utilities may be damaged and either completely or partially inoperable.

Emergency medical services and transport ambulances may be in short supply.

Medical and healthcare facilities that remain open may be overwhelmed with medical care requests. Additionally, medicines may be in short supply. 153
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19 RESILIENCY
Emergency management has four phases: mitigation, preparedness, response, and recovery (Figure 3-1).

The cycle is continuous; mitigation and preparation occur even without emergency response and recovery efforts. Phases can occur concurrently; for example, a community can begin recovery efforts while response operations are ongoing.

Figure 3-1
Emergency
Management
Phases

3.2 Emergency Management Phases
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20 Mitigation
Recovery
Preparation
Response
Mitigation, also known as prevention,
occurs before emergencies occur
and can be part of post-disaster
recovery efforts. In this phase, the
community seeks to reduce the risk of
an emergency occurring or to reduce
the impacts of a disaster if one does
occur. The goal is to reduce long-
term vulnerability to hazards and, by
extension, to decrease the need for
emergency response. Examples of
mitigation efforts include retrofitting
older buildings to improve earthquake
resistance and replacing old storage
tanks for hazardous materials.

Response is the mobilization and
deployment of emergency services
and first responders once a disaster
hits or when a potential disaster is
imminent. The City is responsible for
helping to ensure that response staff
have the appropriate information
and equipment to minimize injuries,
deaths, and damage to property
and the environment. The disaster
response will be coordinated through
the activation and operation of the
EOC, as specified in this EOP.

Preparing for emergencies involves
ensuring that, when disasters occur,
the City and community members
can respond effectively. These
actions include planning, organizing,
equipping, and training to enhance
response capabilities. This EOP details
how the City of Ontario will prepare
for emergencies, including outlining
the actions that should be taken, how
training will be conducted, and which
staff positions are responsible.

Recovery efforts involve restoring the
community to its pre-disaster state (or
beyond). It includes repairing and
rebuilding any damaged or destroyed
structures, returning key services such
as utilities and City functions to full
operation, and continuing to provide
support such as temporary housing
and financial assistance to residents
and businesses affected by the
disaster. Recovery efforts can be fairly
short or take several years, depending
on the scope of the incident. These
efforts often require collaboration
between federal, state, and local
officials, as well as private businesses
and non-profit organizations.
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21 3.4 Standardized Emergency Management
System (SEMS)
NIMS is a federal framework that emerged after the
terrorist attacks of September 11, 2001, revealing
flaws in multiagency emergency response strategies.

On February 28, 2003, President Bush issued Homeland
Security Presidential Directive #5, directing the
Secretary of Homeland Security to create an emergency
response framework for multiagency emergency response
cooperation that could be applied consistently across the country regardless of the type or scope of the emergency.

This directive also requires agencies to adopt NIMS and provide training to their employees; adoption of NIMS
also makes agencies eligible for certain grants.

At the federal level, emergency preparedness, response, and recovery efforts are coordinated by FEMA.

California, Hawaii, Nevada, and Arizona are in FEMA's Region IX. Additional federal agencies are assigned to these efforts as identified in the National Response Framework Emergency Support Functions. These agencies may include the Federal Bureau of Investigation, the U.S. Environmental Protection Agency, the U.S. Coast Guard, the Department of Health and Human Services, and others, depending on the nature of the emergency.

SEMS is a state-level framework for coordinating emergency response actions between local, regional, and state agencies. Much like NIMS, SEMS originated after a major emergency revealed problems in multiagency coordination; in this instance, the emergency was the 1991 fire in the Oakland hills. All agencies in California are required to use SEMS and to provide training in SEMS to employees. Local governments must use SEMS to be eligible for funding for their response-related personnel costs under state disaster assistance programs.

The framework of SEMS includes the ICS, multiagency or inter-agency coordination, the Master Mutual Aid Agreement (MMAA) and system, and the operational area concept. Each organizational level has its own emergency organization. See Appendix D for further information regarding SEMS as it relates to the City of Ontario.

3.3 National Incident Management System (NIMS)
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22 The ICS is a framework to create a unified but flexible command structure to respond to emergencies.

It was originally developed in 1968 to coordinate wildfire response efforts and was refined as a result of California wildfires in the 1970s. ICS protocols were formalized and integrated into SEMS and were later applied at a national level with the creation of NIMS. Several key principles of ICS have been carried forward into the SEMS/NIMS frameworks, including the following:

Modular Operations: There are five functional groups within the ICS framework:

Management, Operations, Planning/Intelligence, Logistics, and Finance. All emergency response operations will be carried out under one of these five groups. Each group will be activated and assigned particular subgroups as needed depending on the nature of the emergency. Activation and deactivation of a functional group or any subgroup should occur without disrupting emergency response efforts.

Personnel Management: Each functional group or subgroup will have only one person in charge of that group's operations, a principle known as "unity of command." Depending on the nature of the emergency, a single individual may be responsible for multiple groups or subgroups. Throughout the entire organization, each individual should only report to one supervisor. Each supervisor should be responsible for three to seven people, ideally five.

Unified Command (UC): When multiple agencies have jurisdiction over an emergency, it is necessary to establish a single response plan that allows agencies to work together without affecting individual accountability, authority, or responsibility. In the event of multiple emergencies or a single large emergency with multiple response teams, a single Area Command can be created to oversee the broader response. In the event that the incidents under the Area Command span multiple jurisdictions, the Area Command becomes a Unified Area Command.

Common Terminology: Different individuals or agencies may use multiple terms when describing organizational functions, responsibilities and titles, resources, and facilities.

ICS calls for standardization of this terminology to help ensure that information is conveyed accurately and reduce the risk of misunderstandings.

3.5 Incident Command System (ICS)
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23 The ICS was specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. ICS uses a common organizational structure to effectively accomplish the management of the incident by objectives.

The five functions of the ICS organization are Management, Operations, Planning, Logistics, and Finance:

Common titles are used for organizational functions, resources, and facilities within ICS. The organizational structure is developed based on the type and size of an incident. The staff builds from the top-down as the indent grows, with responsibility and performance placed initially with the IC.

In all incidents, there will be five functions. Initially, the IC may be performing all five functions. Then, as the incident grows, each function may be established as a section with several units under each section.

Management (Command) is responsible for directing, ordering, and/or controlling resources by virtue of explicit legal, agency, or delegated authority. It includes the Incident Commander (IC), who is responsible for the overall management of the incident. The management function includes the Information Officer, Liaison Officer, and Safety Officer.

Operations are responsible for the coordinated tactical response of all field operations directly applicable to or in support of the mission(s) per the Incident Action Plan. Operations develops the Incident Action Plan's operations portion, requests resources to support tactical operations, maintains close communication with the IC, and ensures safer tactical operations. The operations function includes branches, divisions, groups, and air operations personnel.

Planning is responsible for the collection, evaluation, documentation, and use of information about the development of the incident. Typically, the planning function includes the Resource Unit, Situation Analysis Unit, Documentation Unit, and Demobilization Unit.

Logistics is responsible for providing facilities, services, personnel, and equipment and tracking the status of resources and materials in support of the incident. The logistics function includes the supply, facilities, ground support, communications, food, and medical units.

Finance is responsible for all financial and cost analysis aspects of the incident and/or any administrative aspects not handled by the other functions. The finance function includes the Time Keeping Unit, Procurement Unit, Compensation/Claims Unit, and Cost Unit.
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24 3.6 Master Mutual Aid Agreement (MMAA)

3.7 Emergency Management Assistance
Compact (EMAC)
The foundation of California's emergency planning and
response is a statewide mutual aid system designed
to ensure adequate resources, facilities, and other
support are provided to jurisdictions whenever their
own resources prove to be inadequate to cope with
a given situation. The basis for the system is the
California Disaster and Civil Defense MMAA.

The MMAA was developed in 1950 and has been
adopted by the state, all 58 counties, and most
incorporated cities in the state. The agreement
creates a formal structure wherein each jurisdiction
retains control of its own facilities, personnel, and
resources but may also receive or render assistance
to other jurisdictions within the state. The state government is obligated to provide available resources to assist local jurisdictions in emergencies. The local jurisdiction is responsible for negotiating, coordinating, and preparing mutual-aid agreements.

See Appendix G for more information regarding Mutual Aid.

California is a signatory to the interstate EMAC, an organization ratified by the U.S. Congress that provides form, structure, and procedures for rendering emergency assistance between states. Once the Governor has proclaimed a State of Emergency, Cal OES will assess the resource needs for the incident.

California can then request resources through the EMAC network for assistance provided by other states.

Using EMAC resolves two (2) key issues regarding mutual aid: liability and reimbursement. This allows a disaster-impacted state to request and receive assistance from other member states quickly and efficiently.

Personnel deployed under EMAC submit documentation to their resource providers (home agency), who submit a reimbursement package to their home state. The home state submits a reimbursement to the requesting state, which then reimburses the assisting state. The requesting state covers the tort liability, and the responding state covers the workers' compensation liability. 159
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25 3.8 Administration, Finance, and Logistics

3.8.1 Administration

3.8.2 Finance

3.8.3 Logistics
In order to create a historical record of emergency response activities to improve procedures and develop mitigation strategies, the EOC shall include a specifically designated position within the documentation unit to document the actions taken during the emergency operation of the EOC. This responsibility should include the collection of incident command logs, action plans created during the emergency, internal and external entities involved, resources expended, etc. This information will form the official incident record when combined with the post-incident assessment.

The Finance and Administration Section is ultimately responsible for aggregating the overall costs incurred during an emergency that requires a substantial response effort. This financial information should include expenditures made by entities (internal and/or external) in addition to the EOC, and will be made available to support reimbursement efforts, insurance claims, and inform future emergency budgeting, etc. The Emergency Manager will inform responding agencies and local officials about the cost recovery process and how to document costs incurred during the response and recovery operations.

Vulnerabilities, existing risks, internal response capabilities, potential external resources, and post-incident assessments identify resource shortfalls and recommend appropriate resource levels. The Emergency Manager should also review the list of external/contracted resources that might be required during an emergency and recommend which risks should be addressed through contingency contracts to facilitate rapid emergency response. Logistical considerations should also include support in an emergency for children and individuals with disabilities and their service animals. 160
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26 4. Emergency Response Operations
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27 4.1 Field Response
The field level is where emergency response personnel and resources, under the command of the appropriate authority, carry out tactical decisions and activities in direct response to an emergency situation or the threat of one. The field level is generally organized around the same principles and framework as all other emergency organizations; however, the field response is much more focused on tactical operations than a local-level emergency organization, which also has a large planning and support role. Typically, the field level has a greater proportion of Operations staff than other emergency organizations, although other sections (e.g., Planning, Logistics, etc.) are also important at the field level. Table 4-1 provides a comparison of the typical responsibilities of the five sections at the field level compared to the local (citywide) level.

Directs and orders all personnel
and resources.

Establishes overall policies and priorities
and coordinates with other agencies
and organizations.

Coordinates all tactical operations
across the organization, including the
involvement of other agencies.

Conducts financial and cost analyses
at the local level and other local-level
administrative duties as needed.

Collects, evaluates, documents, and
distributes information at a citywide
level.

Coordinates the provision of personnel
and resources within the city.

Carries out coordinated tactical
activities to directly implement or
support Incident Action Plan.

As needed, conduct financial and
cost analyses at the field level and
other field-level administrative duties.

Collects, evaluates, and documents
information about the incident and
resources in the field.

Provides personnel and resources
(equipment, supplies, services,
facilities, etc.) to support field response.

Section
Management
(Command)
Planning and
Intelligence
Finance and
Administration
Operations
Logistics
Field Level Duties Local Level Duties
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28 4.1.1 Field Incident Command

4.1.2 Incident Command Post (ICP)
The Field Incident Commander is responsible for the overall management of incident activities, including developing and implementing strategy and approving mobilization and release of personnel and resources. The field Incident Commander operates to conduct the overall tactics of the emergency during the response phase of the incident. The field Incident Commander works closely with the Director of Emergency Services and the EOC Manager to ensure incident objectives are being met by both the EOC and ICP.

If the field-level response involves a significant commitment of resources from agencies in multiple jurisdictions, a UC may be established jointly by the agencies that have direct jurisdictional or functional responsibilities for the agencies. A UC may also be established if the field response involves a significant commitment of resources from multiple City agencies (but no significant involvement from other jurisdictions). Alternatively, a single Field Incident Commander from one City agency may place personnel from other involved agencies in key positions but not establish a UC.

The field level is not headquartered at an EOC but at a separate facility known as an ICP. Like an EOC, an ICP includes personnel from multiple involved agencies to allow for better coordination and is where field-level General and Command Staff will be stationed. ICPs are not in a preselected location but are set up as the emergency situation requires. They should be easily accessible by personnel (both those stationed at the ICP and personnel conducting tactical operations), be located at a sufficiently safe distance from any ongoing incidents (e.g., a fire or flood), and have access to necessary resources such as communication equipment and electricity. ICPs should also be located with easy access to other field-level support facilities, such as staging areas.

Maintains departmental operations, including:
• Staffing
• Finance
• Intradepartmental planning, cooperation
• Manages resources for incident-level
activities, e.g., providing resources to ICPs
• Serves as a point of contact for the IC
• Serves as a point of contact for the EOC
• Receives Policy Group objectives
• May receive resource allocation priorities
• Provides situation status reports
Prioritizes and manages departmental resources
Directly supports incident(s) and the ICs.

Receives resource requests from ICPs
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29 4.2 Other Agency/Special District Involvement
Volunteer and private agencies and governmental agencies may participate in the mutual aid system. For example, the disaster medical mutual aid system relies heavily on private sector involvement for medical/ health resources. Some volunteer agencies, such as the American Red Cross, Salvation Army, and others, are essential elements of the statewide emergency response to meet the needs of disaster victims.

Volunteer agencies mobilize volunteers and other resources through their systems. They also may identify resource needs that are not met within their systems that would be requested through the mutual aid system. Volunteer agencies with extensive involvement in the emergency response should be represented in EOCs.

Some private agencies have established mutual aid arrangements to assist other private agencies within their functional area. For example, electric and gas utilities have mutual aid agreements within their industry and established procedures for coordinating with governmental EOCs. In some functional areas, services are provided by a mix of special district, municipal and private agencies. Mutual aid arrangements may include both governmental and private agencies. Liaisons between activated EOCs and private agencies involved in a response should be established. Where there is a need for extensive coordination and information exchange, private agencies should be represented in activated EOCs at the appropriate time.
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30 4.3 Disaster Council

4.4 Ontario EOC Structure and Responsibilities
In accordance with Title 4 of the Ontario Municipal Code, the City has established a Disaster Council to assist with planning for and responding to emergency situations. The responsibilities of the Disaster Council overlap in part with the Policy Group; however, the Disaster Council is an established body within the government of Ontario, whereas the Policy Group is a body within the local organization that is activated as needed. Title 4, Chapter 3, Section 4-3.04 of the Municipal Code charges the Disaster Council with two authorities:
● To develop and submit emergency and mutual aid plans, emergency ordinances, and emergency resolutions and agreements to the City Council for approval. ● To provide for the structure, power, duties, services, and staff of the local organization.

The membership of the Disaster Council also overlaps to some degree with the membership of the Policy Group. Title 4 of the Ontario Municipal Code establishes the membership of the Disaster Council as follows:
● The Mayor (Chair of the Disaster Council).
● The Mayor pro Tem (Vice Chair of the Disaster Council). ● All members of the Ontario City Council.
● Staff, technical advisors, and community representatives may be appointed by the Disaster Council Chair with the concurrence of a majority of the above Disaster Council members.

The Ontario EOC is organized in accordance with the ICS/SEMS/NIMS framework, with some modifications to reflect the needs and preferred structure of the community. The EOC incorporates the ultimate capabilities and staffing potential of the City. This section describes the EOC framework, identifies the staff and organizations that fill the roles within the framework, and describes the responsibilities of each.

In accordance with the ICS/SEMS/NIMS principles of flexibility and modular design, every position and organizational element of the EOC will be activated only during the most severe of disasters. Instead, the demands of the situation and the appropriate response will determine which staff positions are mobilized. If the EOC is not fully mobilized, supervisory positions are responsible for performing the functions of the unstaffed subgroups they oversee. Each supervisory position should only oversee three to seven people (ideally five), per the ICS/SEMS/NIMS principle of personnel management. Subgroups should be mobilized as needed to maintain this number, with only a single leader of each subgroup reporting to an immediate supervisory position. Any group within a section, including the branches, groups, and units, may be a single individual or a group of individuals. The City will mobilize any group Leaders as their services are needed; if the Leader needs assistance from additional staff or subgroups under their authority, they shall inform the Section Coordinator, who may choose to mobilize additional personnel.

The Leader is responsible for selecting the appropriate staff and designating an area for them to work. 165
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31 All participating agencies and response organizations will have various roles and responsibilities throughout an emergency. Therefore, it is critical the local command structure be established to support response and recovery efforts and maintain a significant amount of flexibility to expand and/or contract as the situation evolves. Typical duties may also change depending on the severity and size of the incident(s) and the availability of local resources. Because of this, developing and maintaining depth within the command structure and response organizations is also important.

The City conducts all emergency management functions in accordance with SEMS and NIMS requirements.

The City is typically responsible for managing and coordinating the overall emergency response and recovery activities during an emergency. The OEM and each City Department are responsible for ensuring critical staff is identified and trained at a level enabling effective execution of existing response policies, plans, and procedures.

Most City Departments have emergency functions in addition to their normal daily duties. The Emergency Manager and representatives from each City Department may develop and maintain Standard Operating Procedures (SOPs).

The five (5) SEMS/NIMS organization levels established through City EOC to the Operational Area (OA) EOC (together with the private and volunteer sector) are collectively referred to as the OA Emergency Management Organization. This organization represents all resources available within the County that may be applied to disaster response and recovery. The goal is to support emergency activities to protect life, property, and the environment.

For information regarding Ontario's EOC operations framework and staffing responsibilities, refer to Appendix M.
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32 5. Continuity of
Government
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33 Continuity of leadership and government authority is particularly important with respect to emergency services, the direction of emergency response operations, and the management of recovery operations.

Government at all levels is responsible for providing continuity of effective leadership, authority, and adequate direction of emergency and recovery operations. The California Government Code and the State Constitution provide legal authority for maintaining and preserving state and local government.

A major disaster could result in great loss of life and property, the death or injury of key government officials, and/or the partial or complete destruction of established seats of government and public and private records essential to the continued operations of government and industry. To help pre- serve law and order and to continue/restore local services, it is essential that the City of Ontario con- tinues to function during or following such situations.

See Appendix N for detailed Continuity of Government information. 168
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34 6. Notification and
Mobilization
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35 6.1 Overview

6.2 Notification
In the event of a major emergency or disaster, a Notification and Mobilization System may be put into effect. It is important all employees and supervisors are aware of their position within the EOC, especially in the case of assignment changes. Emergency notification and mobilization are based upon regular position assignment, not individuals. These assignments may change as an incident develops or needs are assessed. Emergency assignments let employees know when to respond during disaster operations and minimize the number of phone calls necessary. This system does not affect the handling of smaller, local emergencies. These will be handled by on-duty units, mutual aid, and/or limited callouts of off-duty officers.

EOC Section Chiefs assess the need to activate additional units within their section. If a need is found, Section Chiefs will communicate this need with the EOC Manager and the Personnel Unit. The Personnel Unit or the EOC Manager will then activate the needed unit and follow proper notification procedures for the employee.

If employees are unable to report to their regular facility or alternate staging area, they are encouraged to report to the closest local jurisdiction to register as a Disaster Services Worker. All employees are declared Disaster Services Workers by Section 3100-3109 of the California Government Code.

The City of Ontario has developed an EOC Responder database that is comprised of contact information of City Department personnel and personnel from other governmental, utilities, and non-profit agencies that are designated EOC Responders critical to emergency operations. The EOC Responder database may be used by Logistics Section personnel (or EOC personnel as designed by the Director of Emergency Services) when the Director of Emergency Services requests an enhanced staffing level at the EOC.

The EOC Responder database is confidential with limited access. The City of Ontario is responsible for the security and maintenance of the database. The Office of Emergency Management is the 24 hour point of contact for warnings and emergency notifications, with Fire Dispatch acting as back-up. Trained City personnel/EOC responders will be notified and fill the EOC section positions as needed. The City of Ontario utilizes Everbridge as its emergency notification system.

The notification for an EOC activation is as follows:

1. OEM will issue an Everbridge alert to all EOC responders notifying them of an EOC activation and to standby for an email with further instructions.

2. OEM will send an email to all EOC responders with a list of the units being activated, as well as further details regarding the incident.
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36 6.3.1 Local Communication Systems

6.3.2 County Communication Systems
The primary locally operated communication system for City staff is the City's telephone network. There are 23 VoIP phones and 7 landlines in the EOC. Many City staff members carry cellular phones, including official devices issued by the City and/or their personal devices. These cellular phones can supplement or replace hard-wired telephones for staff stationed in the EOC if the landline network is not operating or is over capacity. The EOC also has four satellite phones that can be activated and used if local/ regional cellular networks are inoperable or overwhelmed during an incident. EOC responders are issued Government Emergency Telecommunications Service/Wireless Priority Service (GETS/WPS) cards to receive priority cell service during emergencies.

The City of Ontario also relies on volunteers to assist with local communications. The Ontario Emergency Communications Service (ECS) includes CERT members that possess Amateur Radio licenses and can respond to EOC activations and assist with communications during an emergency. While ECS can offer a wide variety of support to the City, its primary focus is providing emergency communications functions in personnel, equipment, and technical support.

City staff has access to data communication systems, which can supplement voice networks or replace them as necessary. Email is the most common data communication technology. All Ontario staff members have a City email address, and many may have one or more personal email addresses if the City system cannot be used. Staff members can increasingly check their email from multiple sources, including mobile Internet-connected devices. However, the sender should confirm that the intended recipient is actively monitoring email before sending messages in an emergency situation, and critical information should never be exchanged by email unless the sender is certain that the intended recipient is receiving the messages in a timely manner. City staff routinely use Microsoft Teams as an additional form of communication. They may also communicate using facsimile (fax) machines, allowing users to send copies of paper documents by phone. Fax messages are limited in the types of information they can send and can only be used by individuals stationed at a facility with a working machine. Although they are less versatile and less convenient than email, they can act as an effective supplement or replacement to email systems. Ontario staff also have access to the NIXLE notification system and social media, although these systems are better suited for public notifications and should never be used to exchange key information between emergency response personnel.

Ontario personnel use WebEOC, an online system that allows for more effective collaboration than email. WebEOC can be used to review and distribute information, maintain status lists, submit reports, and store key documents.

The City of Ontario OEM has access to and provides updates to the County via WebEOC.

6.3 Communication Systems
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37 6.3.3 State and Federal Communication Systems
Responsibility

6.4 Community Communications and Public Information
Cal OES maintains the California Law Enforcement Mutual Aid System, a standardized voice communications network available for use by the Ontario Police Department and all other law enforcement organizations in the state. A similar system, the California Law Enforcement Telecommunications System, uses a statewide network of secure fax machines to share documentation; this system allows members of the Ontario Police Department to access data stored in state and federal databases that may not be available through online systems. The City can also access the Federal GETS, which is used by federal, state, local, tribal, and territorial government agents. GETS is a voice service specifically intended for times when conventional telephone networks are overloaded. GETS does not require special phones, as users can dial a special number from any landline or cellular phone. While this improves access to GETS, any physical damage to telephone infrastructure may reduce GETS' efficacy.

The media provides the public with hazard warnings, safety instructions, official announcements, a notice of emergency regulations, evacuation procedures, directions to medical and mass care facilities, status reports on the condition of lifelines, and damage assessment information. Radio and television stations are required to maintain and test emergency communications equipment. Additionally, the City has several methods of communicating emergency information directly to the public.

Accurate and timely information is critical to saving lives and protecting property in a disaster. Coordination between the media, the EOC, the Joint Information center (JIC), and other official communications systems contributes importantly to rumor control and assessment of report validity. It strengthens coordination generally among Local, County, State, and Federal information officials. Coordination with the media The purpose of the Public Information function is to provide accurate, coordinated, timely, and accessible information to affected audiences, including governments, media, the private sector, the local populace, and members of the population with disabilities and/or functional needs. This may be achieved by using accessible means and accessible formats for information regarding the incident's cause, size, and current situation to the public, responders, and additional stakeholders (directly and indirectly affected).

Public information must be coordinated and integrated as part of the MACS across jurisdictions, agencies, and organizations among federal, state, tribal, and local governments and with the private sector and Non-Government Organizations. Public information includes processes, procedures, and organizational structures required to gather, verify, coordinate, and disseminate information.

The City has a Public Information Officer (PIO) who acts as a spokesperson for the City, as directed.

The PIO directs, plans, organizes, and coordinates a public relations and information dissemination program for the City. In order to disseminate incident-specific information, a JIC will be stood up. For more information regarding a JIC, see section 6.4.2.
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38 6.4.1 Function

6.4.2 Joint Information Center
The coordination of public information in a disaster will require a high level of coordination between cities and towns, special districts, private organizations, and the County. For purposes of this plan, the EOC will provide overall coordination of City public information during a disaster. The EOC PIO will perform the public information function under the management component of SEMS.

This public information function will be responsible for coordinating the collection of information from field, local, and zone locations and formulating an accurate and comprehensive picture of the disaster situation for release to the public. Information dissemination may occur through press releases, public service announcements, situation summaries, Emergency Alert System (EAS), media interviews, and press conferences.

In addition to the functions generally described for the public information function, the political, economic, and social impacts of the statements released must be considered. A high level of coordination will need to occur with elected officials to ensure that the message(s) provided to the public reflects public policy regarding the particular disaster event.

Depending on the type of event, the EOC PIO may perform his or her function from a field location co- located with a field Communications Center, Command Unit, at a JIC, or other field support location designated by an IC. The EOC PIO's primary role is establishing and maintaining positive working relationships with the media in attendance to ensure that the public receives accurate, comprehensive, and timely information that will allow them to take appropriate response action.

The JIC is a central location that facilitates the operation of the Joint Information System. It is a location where personnel with public information responsibilities perform critical emergency information functions, crisis communications, and public affairs functions. JICs may be established at the City EOC, at incident sites, or as components of Federal, State, tribal, territorial, regional, or local MACS (e.g., MAC Groups or EOCs). The City of Ontario JIC will be established at a pre-designated location separate from the EOC.

Typically, an incident−specific JIC is established at a single, on-scene location in coordination with Federal, State, and local agencies (depending on the requirements of the incident) or at the national level if the situation warrants. Informational releases are cleared through IC/UC, the EOC/MAC Group, and/or Federal officials in the case of federally coordinated incidents to ensure consistent messages, can also improve the quality of status reports about response efforts.

Although this Plan addresses public information and media relations in the context of emergency response, the basis for the success of that effort occurs long before the disaster. Public awareness and education before any emergency are crucial to successful public information efforts during and after the emergency.

The pre-disaster awareness and education programs must be viewed as equal in importance to all other emergency preparations and receive adequate planning.
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39 avoid the release of conflicting information, and prevent negative impact on operations. This formal process for informational releases ensures the protection of incident-sensitive information. Agencies may issue their own releases related to their policies, procedures, programs, and capabilities; however, these should be coordinated with the incident-specific JIC(s).

A single JIC location is preferable, but the system is flexible and adaptable enough to accommodate virtual or multiple JIC locations, as required. For example, multiple JICs may be needed for a complex incident spanning a wide geographic area or multiple jurisdictions. In instances when multiple JICs are activated, information must be coordinated among all appropriate JICs; each JIC must have procedures and protocols to communicate and coordinate effectively with one another. Whenever there are multiple JICs, the final release authority is the City of Ontario Communications and Community Relations Director.

6.4.3 Public Awareness and Education

6.4.3.1 Emergency Public Information

6.4.3.2 Public Notification System
The public's response to any emergency is based on understanding the nature of the emergency, the potential hazards, the likely response of emergency services, and knowledge of what individuals and groups with and without access and functional needs should do to increase their chances of survival and recovery. Pre-disaster awareness and education programs are viewed as equal in importance to all other preparation for emergencies. The City prioritizes public disaster education by providing community training opportunities such as Federal Emergency Management Agency (FEMA) Community Emergency Response Team (CERT) training and the City of Ontario Continuity and Organizational Resilience in Emergencies (CORE) Seminar.

During an emergency, the City is responsible for disseminating information about the emergency to the public to keep them informed about what has happened, the actions of the emergency response agencies, and to summarize the expected outcomes of the emergency actions. The PIO's primary role is to disseminate emergency instructions and critical information to the media and the public and provide approved messages accessible to all sectors within the access and functional needs population, including the deaf, blind, and those who require messages in a different language.

An emergency may require varied responses, depending on the type of incident, whether it is an act of nature, human-caused, or a technical event. The City may provide rapid notifications to residents of the City by utilizing its Public Notification System Everbridge, also known as Alert Ontario. The Public Notification Systems can be used to warn or advise City residents of the potential for fire, flood, or other emergency circumstances in the City and the appropriate actions to take.

The primary purpose of the Public Notification System is to improve the notification of persons within a geographic area in the event of a life-threatening incident or threat. This may include evacuation 174
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40 6.4.4 Isolated Populations
The PIO must distribute their information as widely as possible, including to isolated populations who may be difficult to reach. These groups may include disabled individuals, individuals with limited English competency, undocumented immigrants, or economically disadvantaged persons. Isolated populations may be difficult to reach due to physical limitations (e.g., a hearing impairment) or social barriers (e.g., a lack of trust in information from official channels). An isolated population may be isolated due to a shared characteristic, but isolation can also result from a circumstance of their situation, as is the case with individuals located in temporary housing who may not have access to their normal social networks or means of communication.

Isolated individuals often depend on social support networks within their populations or with family members or trusted friends. These support networks can be disrupted in an emergency, creating additional communication barriers. Some isolated individuals may be unwilling to trust authorities, making them unlikely to seek assistance from City personnel or more likely to disregard information from authority figures. To overcome these barriers and effectively communicate with isolated populations, the PIO must build a network of collaborators and champions within the community well in advance of any emergency situation. These "trusted agents" can help establish appropriate communication channels and relationships used by the PIO and other City staff to convey information.

The City's PIO should develop language access policies and protocol guidance that reflects the diversity of languages spoken in Ontario. Documents that communicate vital information should be translated into the most prevalent languages in the community and consider that pictures and diagrams can be easier to understand than words. Ontario staff should know how to use language assistance services when needed. City employees who speak multiple languages can assist with community outreach and building relationships with communities of non-English speakers. notices, shelter-in-place orders, and/or special instructions for an imminent threat.

The Public Notification System uses a database of phone numbers and addresses which are geocoded with the City's street network to identify phone numbers in a specific area. The notification system can complete both small and large-scale notifications. The community can sign up to receive phone, text, and email notifications. Residents can register for AlertOntario through the ReadyOntario website or can opt-in to text message notifications by texting ONTARIO to 888777.

It should be noted that the Public Notification System is not expected to reach all phone numbers, and additional means of notification – public address systems, radio and television messaging, social media, and flyers – may be utilized. Additionally, the City has the capability to issue Wireless Emergency Alerts (WEA) through Everbridge, allowing them to contact people that are not in the City contact system. 175
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41 6.4.5 Private Sector and Nongovernmental Organizations

6.4.6 Hotlines and Public Information Services
The PIO must actively involve and engage private sector businesses and other nongovernmental organizations in order to reach the widest audience and distribute information as broadly as possible. As with other organizations, the PIO should establish relationships with these organizations before a disaster, either through a formal agreement or an informal working relationship. This collaboration process can include participating in joint training sessions and exercises, collaborating on emergency response operations, and sharing lessons learned after an emergency incident.

All businesses in Ontario are responsible for caring for their employees' safety and welfare during working hours. Some of these businesses, such as Southern California Edison and the Southern California Gas Company, may operate key pieces of infrastructure and provide vital services to Ontario. Others are a major source of employment and economic activity in the community, while others supply basic needs to community members (e.g., supermarkets and hardware stores). Many nongovernmental organizations also provide food, shelter, counseling, and other important services in emergency situations.

Agencies may activate an inquiry center to centralize information sharing among the public, the media, and the government. As appropriate, inquiry centers should be directly linked to media or JICs. Establishing a Hotline allows for the following:
● Monitoring radio and television stations and informing the PIO Coordination Team of inaccuracies. ● Sharing information about the emergency or the government's response. ● Identification of information trends, which in turn allows PIO to focus on providing targeted information.
● Identification of rumors and misinformation and bringing these to the attention of the PIO Coordination Team.
● Response to questions using officially verified information that has been approved for release. ● Call referrals, as appropriate, to federal, state, local, volunteer, and private sector agencies. ● Adjusting the mode of communication to meet the needs of those whose primary language is not English and to meet the functional needs of people with sight and hearing disabilities.

During a major emergency, the City of Ontario Utilities Customer Service Center will serve as the City's hotline center. Information will be relayed from the JIC and EOC to the call takers at the center to ensure the correct information is being shared with the public.

Ontario and the SBCOA may wish to coordinate their public information services with the established 211 information and referral service. There is a national, state, and county-level 211 system, accessible either by phone or through the Internet, which members of the public can use to find out information on a number of topics. In an emergency situation, 211 services can distribute information about evacuation routes, shelter locations, and road closures. They can also refer members of the public to locations where they can receive health care and social services. Using 211 systems for this information can reduce the volume of calls to 911 systems, freeing up the 911 network for life-threatening emergencies. The 211 system can also improve access to government and nongovernmental organization services, especially for isolated individuals.
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42 An emergency proclamation/declaration is an official government notification that there are conditions of extreme peril to individuals and property within a set area. Local governments may issue emergency proclamations, while state and federal governments issue declarations.

See Appendix F for detailed information on Emergency Proclamations and a sample disaster proclamation for the City of Ontario.

7. Emergency Proclamations
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43 8. Recovery
Recovery operations are intended to return systems (physical systems such as infrastructure and nonphysical systems such as social services) to a normal level of service. Recall that because efforts to improve resiliency are often incorporated into recovery activities, the community may not return to its pre-disaster condition after recovery operations conclude. There is no clearly defined transition between response and recovery activities, as recovery operations should ideally begin as soon as response efforts do. Recovery personnel and agencies will continue to use the principles and procedures established in the ICS/SEMS/NIMS framework.

While response operations rely extensively on the Operations and Logistics Sections of an EOC organization, recovery operations often require more extensive involvement of the Planning Section and Finance and Administration Section. Additionally, local jurisdictions such as Ontario work directly with state and federal programs during recovery operations rather than going through the OA, although the OA may continue to act as an informational and coordination point for affected communities within its area.

Appendix J provides further information on the City's recovery framework. 178
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44 9. Plan Maintenance
and Distribution
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45 9.1 Review and Approval

9.2 Plan Updates
Upon final approval of the plan, a listing of specific agencies and individuals will be documented on the "Document Distribution List Form" and inserted into the front section of this plan. City OEM will be responsible for periodically revising and updating the plan. Such revisions/updates will be documented on the "Update/Revision List Form," and the form will be inserted into the front section of this plan. A major review and revision of the plan will occur at least every five years.

Annexes may be added to the plan at future dates, as needed, and will also be documented on the "Update/Revision List Form," the form will be inserted into the front section of this plan.

The review and approval process for this plan is conducted at two (2) levels: Emergency Management Working Committee and City.

At the Emergency Management Working Committee, each department assigned a primary or important secondary response role in the emergency organization is provided a draft copy of the plan to review.

They are requested to specifically comment on the role(s) prescribed for them in the emergency organization and to make or recommend appropriate changes. The changes are incorporated in the final draft.

The plan's final draft is presented to the City Council for review and to ensure that policy issues regarding the coordination of functions are clearly understood and/or clarified. The final draft is also sent to the City Attorney for review to ensure its legal sufficiency. Upon signing by the City Attorney, the plan is submitted to the City Council for approval.

The City Council will issue a Letter of Promulgation or Resolution denoting approval of the plan. The City Council exercises overall authority and responsibility for the contents of this plan.

Individual departments are responsible for regularly updating and revising their departmental procedures and submitting those updates to the OEM, which will incorporate them into the EOP. These updates should include new information (e.g., an update of phone numbers and revisions of relevant standard operating procedures or positions). All changes to the EOP will be documented in the record of revisions table. Changes to the EOP will be distributed to the City departments shown on the Plan Distribution list.

Major EOP revisions will be submitted to the City Manager for approval or recommendation for review by the City Council.

Evaluating the effectiveness of the EOP involves capturing information from training events, exercises, and real-world incidents to determine whether the goals, incident objectives, decisions, and timing outlined led to a successful response. This process may indicate that deficiencies exist. The City staff should discuss the deficiencies and consider assigning responsibility for generating remedies. Remedial actions may involve revising planning assumptions and operational concepts, changing organizational tasks, or modifying organizational implementing instructions such as checklists or templates. Remedial 180
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46 actions may also involve providing refresher training for EOC personnel.

The EOP should be reviewed and updated annually internally by the City staff and whenever the following occurs:
• A major incident
• A change in operational capabilities or resources (e.g., policy, personnel, organizational structures, management processes, facilities, equipment)
• A formal update of planning guidance or standards
• A change in the acceptability of various risks

9.3 Standard Operating Procedures Development

9.4 Training and Exercises

9.5 After-Action Reports and Corrective Action Reports
Standard Operating Procedures/Guidelines (SOP/SOG) provide the purpose, authorities, duration, and details for the preferred method of performing a single function or a number of interrelated functions in a uniform manner. SOPs/SOGs must also facilitate the need to carry out actions under conditions that may not have been anticipated when the SOP/SOG was drafted. For example, it may be necessary to consider alternative procedures that solve a problem in order to perform in a more time-efficient or cost-efficient way.

See Appendix P for details regarding SOP/SOG development.

The objective of the City of Ontario is effective, efficient, and timely response during emergencies. A good plan is the first step toward this objective. However, planning alone will not guarantee preparedness.

Training and exercising are essential at all levels of government to make emergency response personnel operationally ready. All emergency plans should include provisions for training. The City of Ontario maintains compliance with SEMS training needs for City staff.

See Appendix Q for details regarding training and exercises.

After an exercise or actual event, After-Action Reports and Corrective Action Reports must be written and submitted to the Operational Area within 90 days. Per SEMS Regulations Section 2450(a), "Any city … declaring a local emergency for which the governor proclaims a state of emergency … shall complete and transmit an after-action report to the California Governor's Office of Emergency Services within 90 days of the close of the incident period." The After-Action Report and Corrective Action Report, collectively, must contain the following items:
● General information about the incident/exercise
● An evaluation of SEMS functions, including the number of participants and any corrective action requirements
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47 ● Responses to a questionnaire about response activities and any narrative needed to support the response
● A summary of response activities
● A summary of recovery activities
The After-Action Report summarizes the response and recovery activities and what problems (if any) arose, while the Corrective Action Report provides specific actions to improve performance and address any observed issues. Templates and examples of After-Action Reports are available from Cal OES (or FEMA's Homeland Security Exercise Evaluation Program (HSEEP) as it pertains to exercises). 182
Department: Public Works
Prepared By: Tim Masot
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: 13
SUBJECT:

A MAINTENANCE SERVICES AGREEMENT WITH SUPERIOR PAVEMENT MARKINGS

FOR THERMOPLASTIC TRAFFIC MARKING SERVICES

CITY OF ONTARIO
Agenda Report
May
7, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

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 FY 2023-24 Adopted Budget includes appropriations for Thermoplastic Traﬃc Marking Services. The recommended contract award to Superior Pavement Markings is for $95,000 per year, for a total not-to-exceed contract amount of $285,000 over the three-year term. Two (2) one-year extensions in an amount of $95,000 per year may be exercised at the City's sole discretion for an additional contract amount not-to-exceed $475,000 over the ﬁve-year term. If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed for thermoplastic traffic marking services throughout the City.

BACKGROUND & ANALYSIS:

In February 2024, the City solicited proposals for thermoplastic traﬃc marking services throughout the City. The City received two proposals, one meeting the bid criteria’s and standards necessary to perform the work. The following is the summary of the proposal results:

183
Vendor
L
ocation
Superior Pavement Markings
Cypress, CA
J&S Striping
Ontario, CA

Superior Pavement Markings submitted a bid that met all the required speciﬁcations. Based on their proposal, credentials, pricing, and favorable reference checks, Staff recommends awarding the Maintenance Services Agreement to Superior Pavement Markings. 184

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-1- SECTION 00500 – CONTRACT FOR

CONSTRUCTION
S
ECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. ________ is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Superior Pavement Markings, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

A. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents a s s
pecified in Article 5, below, for the following Project:

THERMOPLASTIC TRAFFIC MARKING SERVICES SM2024-2
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 1095 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Eighty -Five Thousand Dollars ($285,000). Payment shall be made as set forth in the General Conditions . The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 185

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-2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of th e nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount fro m any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 186

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-3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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-4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Superior Pavement Markings
By:

Its:

Printed Name:

[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
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-5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

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

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-6- SECTION 00610 – BOND FORMS

SECTION 00610 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764 , (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor ”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, __ ____________________, the unders igned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and ass igns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor , his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City , its officials, officers, employees, and authorized volunteers , as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the C ontract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under 190

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-7- SECTION 00610 – BOND FORMS

the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the C ontract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for com pleting the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragr aph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to c omplete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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-8- SECTION 00610 – BOND FORMS

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
(Attach Attorney-in-Fac t Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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-9- SECTION 00610 – BOND FORMS

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/s he/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

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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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-10- SECTION 00610 – BOND FORMS

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
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
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-11- SECTION 00610 – BOND FORMS

Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ontario , with its principal place of business at 303 East “B” Street, Ontario, CA 91764 (hereinafter designated as the “ City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set for th in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein 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 Civil Code Section 9100, 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 Revenue and Taxation Code Section 18663, 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, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 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 195

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-12- SECTION 00610 – BOND FORMS

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 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 the 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 Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, 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
(Attach Attorney-in-Fac t Certificate) Title

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-13- SECTION 00610 – BOND FORMS

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/s he/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

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
NOTE: This acknowledgment is to be completed for Contractor/Principal. 197

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-14- SECTION 00610 – BOND FORMS

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
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
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-15- SECTION 00700 – GENERAL CONDITIONS

SECTION 00700 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS

1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. A ddenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. A dditional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. A pplicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. B
id -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. B id Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. B
idder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. C hange Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work.

10. Cit
y’s Representative – The City of Ontario, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “ City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably
199

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-16- SECTION 00700 – GENERAL CONDITIONS

11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

12. Cont ract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

13. C
ontract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

14. C ontract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

15. C ontract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment.

16. C ontractor -- The individual or entity with which the City has contracted for performance of the Work.

1. C ontractor’s Designated On- Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City.

2. C ritical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

3. Da
y -- A calendar day of 24 hours measured from midnight to the next midnight.

4. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.
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-17- SECTION 00700 – GENERAL CONDITIONS

5. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

6. Dr awings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contract or Submittals are not Drawings as so defined.

7. E ffective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

8. E ngineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

9. For
ce Majeure Event -- 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 occurring at the Site; (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 Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. 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 the City in its capacity as a municipal authority.

10. H
azardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

11. Ho
liday – Holidays occur on:

New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
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Day After Christmas – December 26
New Year’s Eve – December 31

If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

12. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

13. N
otice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.

14. N otice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

15. P
roject -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

16. R ecord Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

17. R ecyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

18. S
ample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

19. S chedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

20. S hop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

21. S ite -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights -of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

22. S pecifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.
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23. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

24. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

25. S ubmittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

26. S uccessful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award.

27. S upplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

28. U nderground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

29. Un it Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

30. W arranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this s tate, whichever is longer.

31. W
ork -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Ter
minology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.
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2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connec tion with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

2.3 Evidence of Insurance
A. Prior to commencing an y Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.
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2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times.

2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.

Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.

The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site.

2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within thirty-five (35) days of Contract award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in the General Conditions.

B. S chedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents) , Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21.

C. S chedule. Within ten (10) days after t he issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents) , the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.

2.9 P
reconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working 205

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understanding among the parties as to the Work and to discuss the s chedules referred to herein, procedures for handling Submittals and Shop Drawings , processing applications for payment, and maintaining required records.

B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Subcontractor Mobilization Meeting.

A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.

2.11 Authority of Council; Engineer
A. The City Council has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer.

B. The decision of the Engineer is final and binding on all questions relating to:

1. quantities;

2. acceptability of material, equipment, or work;

3. execution, progress or sequence of work;

4. i nterpretation of the Plans, Specifications, or other Contract Documents; and

5. Any other areas specifically identified in the Contract Documents or under the law.

C. C ompliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the City Council.

2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be in cluded in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:
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1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA.

11. Full-time presence of Contractor’s superintendent at the job S ite as required herein.

12. Submittal of construction schedule as required by the Contract Documents.

ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents ; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.
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B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Q uality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. C
ontractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all A pplicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

3.2 In tent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project.

C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to f ederal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the 208

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Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City , Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

1. The Contract Documents are intended to be fully cooperative and complementary.

Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law , (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City.

Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings

3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents. 210

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3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or o wnership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 -INDEMNIFICATION; INSURANCE

4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City , its officials, officers, agents, employees, and representatives, and each of them from and against:

1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, 211

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resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;

4. Any and all losses, expenses, damages (including da mages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract . Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any S ubcontractor 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 Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract 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 acceptable to the City . All certificates and endorsements must be received and approved by the City before Work commences.

A. Additional Insureds; Waiver of Subrogation . The City , its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type 212

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of insurance coverage, all avail able insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials , agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery pri or to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

B. Workers’ Compensation Insurance . The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers.

Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

D. Commercial General Liability Insurance. Con tractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract 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 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
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1. Such policy shall comply with all the requirements of this Article. 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 Contractor from liability in excess of such coverage, nor shall i t limit Contractor’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 Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non- owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance. Contractor shall provide Automobile Liabilit y Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage.

Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City . Contractor shall make certain that any and all S ubcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor 214

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shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

G. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

H. Form and Proof of Carriage of Insurance

1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self -insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “ follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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 officials, officers, agents, employees, and volunteers.

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the i nsurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified ori ginal policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or 215

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self-insured retentions or self -insured programs shall not be construed as contributory.

5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City , its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents.

B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off -site inspections delineated as the City’s responsibility pursuant to the Contract Documents. 216

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C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty -eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right -of-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners 217

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of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws.

5.6 H
azardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City.

D. C ontractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels 218

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which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

5.7 Sanitary Facilities.

A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted.

Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

B. Without limiting the foregoing, 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 Air Quality Management District with jurisdiction over the Project and/ or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel -powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.
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5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

B. Contractor 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 Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009- 0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010 -0014-DWQ, 2012- 0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013 -0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof.

C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction Gene ral Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.

Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdi ction, including applicable requirements in municipal storm water management programs.

D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City ’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

Before any NOI, PRD, SWPPP, or other Construction General Permit -related 220

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document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee.

Contractor shall include all costs of compliance with specified requirements in the Contract Price.

E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.

F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013- 0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.

G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents , Contractor agrees to indemnify and hold harmless the City , its of ficials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City , its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable f ederal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, 221

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inaction, or negligence by the Contractor , the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor.

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the f indings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological m onitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findi ngs shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re -sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/ archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally 222

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responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements.

B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other contr ol device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

5.13 Diversion of Recyclable Waste Material
A. In compliance with the appli cable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Inspector’s Field Office.

A. If required by the City , the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed.

B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.
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5.15 Contractor’s Supervision.

A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

5.16 Workers.

A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

5.17 Independent Contractors.

A. Contractor shall be an independent contractor for the City and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

5.18 Verification of Employment Eligibility.

A. By executing the Contract, 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, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediat ely remove from the Work any person found not to be in compliance with such requirements.

5.19 Labor.

A. Hours of Work

1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this 224

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Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half times the basic rate of pay.

2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

3. The Contractor shall pay to the City a penalty of twenty -five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Reques ted inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) D ays’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project S ite, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City -observed Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance
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1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. 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. Any stop orders issued by the DIR against Contractor or any S ubcontractor that affect Contractor’s performance of Work, 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 subject to any applicable liquidated damages 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 DIR against Contractor or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. b. A certified copy of all payroll records des cribed herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shal l not be marked or obliterated.
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7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages

1. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project 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 officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

D. Public Works Contractor Registration
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1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR.

Contractor shall maintain a current registration for the duration of the Project.

Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all S ubcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices

1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non- compliance pursuant to Labor Code section 1777.7.

F. Nondiscrimination/Equal Employment Opportunity

1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

G. Debarment of Contractors and Subcontractors

1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment 228

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of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

5.20 Subcontracts.

A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to S ubcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

B. The City reserves the right to accept all subcontractors. The City ’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work.

The Contractor, City , and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.22 Submittals
A. Schedule of Submittals . Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each S ubmittal to the City . Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. S ubmittal Proc edures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
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a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
g. The City ’s review of S hop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City ’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of S hop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of S ubmittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the 230

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delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.23 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

1. R eviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. D etermined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. D etermined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. D etermined and verified all information relative to Contractor’s responsi bilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each S ubmittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional e ngineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work. 231

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4. Shop Drawings of concrete structures shall consist of such detailed d rawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the s ubmittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. Cit y ’s Review.

1. T he City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

5.24 R ecord ( “As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were 232

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not indicated on the Drawings. F or all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

B. These master Record Drawings of the as -built conditions, including all revisions made necessary by Addenda and Change Orders , shall be maintained up- to-date during the progress of the Project. Red ink shall be used for alterations and notes.

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period.

Failure on the Contractor’s part to keep R ecord Drawings current could result in withholding partial payment.

C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.

5.25 Layout and Field Engineering.

A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

B. C ooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perf orm this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other 233

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contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.27 Work Site.

A. Limitation of Use of Site and Other Areas . Rights-of-way, easements, or rights-of- entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

B. S
ite Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re- used shall be stacked neatly concurrently with their removal. Forms and false- work that are not to be re- used shall be disposed of concurrently with their removal.

C. C leaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City . At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

5.28 Ut
ility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name 234

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until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City ’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

5.29 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and W ork performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

D. Contractor shall take adequate precautions to prot ect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall 235

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have the authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City , in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.30 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice 236

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if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

C. Materials sh all be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor.

D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no add itional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. 237

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6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and inspection shall be paid by the City . Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

3. If any Work is done or covered up without the required testing or approval , the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor ’s cost in compliance with the Contract Documents.

4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor.

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

B. Testing of Materials

1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testin g or inspection, including but not limited to excessive travel time, standby time and required lodging. 238

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3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re- notify the Engineer when samples which are representative may be obtained.

4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the W ork, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deem ed to be used for the purpose of facilitating the description of the material, process, or article desired and 239

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shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests s hall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible f or any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substi tution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in th e manner described herein.

H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests.
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I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. When a soils investigation report for the Site is available, such report is provided for informational pur poses only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its B id and must make whatever tests it deems appropriate to determine the condition of the so

7.2 O wnership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City . Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities

1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project.

2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Location
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1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article.

2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

4. A “Subsurface Installation” is defined in Government Code Section 4216 ( s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two- working-day notice. Before notifying the appropriate regional notification center, t he Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 ( c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high pr iority subsurface installation shall notify the excavator of the existence of the high priority 242

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subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
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5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

D. Construction at Existing Utilities

1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work.

7.4 Trenches
A. Trenches Five Feet or More in Depth.

1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare 244

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and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article

9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 8 -PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions 245

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shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. S
chedule C ontents. The schedule shall allow enough time for inclement weather.

The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start -up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City . For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. S
chedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City ’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week look- ahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. A
cceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

F. R
ecovery Schedule .

1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City , a plan of action and a recovery schedule for 246

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completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work; b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non- compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liabi lity and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time.

8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the C ontract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor 247

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shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. I nclement Weather. Contractor shall abide by the City ’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. E
xtension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City -caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or S uppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

E. R
everse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City -caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark -up for the additional Work. 248

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The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure . In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. N
o Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. P rocedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions .

Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 C ontractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow 249

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agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City

1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension.

Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise:
a. Immediately discontinue Work on the date and to the extent specified in the notice; b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice; c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and
d. Continue to protect and maintain the Work including those portions on which Work has been suspended.

3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract.

B. Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of 250

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its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective d ate of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Cont ractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. 251

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c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2. g. Contractor shall be entitled to receive only the amounts payable under this Article , and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

8.8 Completion and Acceptance of Work
A. Final Inspection. Upon writte n notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this 252

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inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the Cit y shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 W
arranty and Guaranty of Work.

A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. 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.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. 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. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being no tified in writing of required repairs, 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 immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials 253

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not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor ’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of d efective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City ’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work

1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract 254

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Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work.

J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any 255

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item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the C hange Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

A. Change in Contract Procedures

1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this A rticle. Notwithstanding issuance of a work d irective, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive . The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. C ont
ractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) Days from the discovery date or prior to the alterations of the conditions, whichever is earlier. b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) Days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are suc h that notice within three (3) Days is not possible or practicable. c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date.

To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time.

If the circum stances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and w ithin fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request; 256

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b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors; c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion; e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and f. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5 ) Days of when the costs or other information become subject to determination.

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require.

5. Co
n tractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE

A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE 257

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OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.

Contractor recognizes and acknowledges that timely submission of a formal written notice of c hange/delay and Change Order R equest, whether or not the circumstances of the c hange may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of c hanges. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time , and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change Orders.

If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark- up added in instances of A dditional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

2. Un
it Price Change Orders . When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.
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3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

4. Ti me and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Feder
ally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional W ork to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. A
llowed Costs. Estimates for lump sum quotations and accounting for time -and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. M
aterials . The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less. (i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns. 259

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(ii) All equipment shall, in the opinion of the City , be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
(iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number.
(iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2- hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2- day of operation.
d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(i) “ Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark -up shall not exceed fifteen (15%) percent of la bor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. (iii) For Work performed by a S ubcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub- subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor’s Net Cost for Work to which the Subcontractor and C ontractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor. (v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty- five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
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(i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis.

The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City ’s agreement to Contractor’s entitlement to the cost.
(ii) T& M Summary Sheet . Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time- and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs .

Contractor’s failure to submit the T&M Summary Sheet within five (5 ) Days of completion of the Additional Work will result in Contr actor’s waiver for any reimbursement of any costs associated with the Additional Work. f. E xcluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time - and-materials invoices:
(i) O verhead Cost . Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) O
ffice Expenses . Expenses of Contractor’s principal and branch offices; (iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
(iv) N
egligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
(v) S
mall Tools . Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
(vi) A dministra tive Costs. Costs associated with the preparation of Change O rders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii) A
nticipated Lost Profits . Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
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(viii) Home Office Overhead . Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny , burden fluctuation, or other similar methods;
(ix) S pecial Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.
(x) Oth
er . Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: s ubmittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction s ervices; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools , incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums. (xi) C
ompliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

9.2 P rocedure for Resolving Claims.

Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non- binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

B. Cla
ims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:

1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;
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MARKING SERVICES SM 2024-2
-79- SECTION 00700 – GENERAL CONDITIONS

2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3. An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a C hange Order, or otherwise failed to follow any procedures contained in the Contract Documents.

C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.

Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

D. Documentation. The Contractor shall submit all Claims in the following format:

Ontario City CouncilMay 7, 2024

Ontario City Council
May 7, 2024