Agenda packet — Ontario City Council, March 4, 2025 (part 2 of 2)

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 1.0 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND AKM CONSULTING ENGINEERS
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1.0 as of the day and year first above written.

CITY OF ONTARIO AKM CONSULTING ENGINEERS, 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
153
46700.00100\33287662.1

Page 4 of 5 ends

BB&K 2020

Attachment A
Exhibit “A” - SCOPE OF SERVICES –
154
553 Wald, Irvine, CA 92618
Telephone: 949.753.7333 | Fax: 949.753.7320
www.akmce.com
Consulting Engineers
Water Resources | Infrastructure | Construction Management AKM Prop. 22-1069 11
December 19, 2024
Ontario Municipal Utilities Company
1425 S. Bon View Avenue
Ontario, CA 91764
Attention: Jonathan Yang, Associate Engineer
Subject: Request for Proposal: Construction Management for Laurel Avenue Sewer Main Improvements, Nocta Street Sewer Main Improvements, and Nocta Street Private Sewer Lateral Improvement (UT1067, UT1070, UT1077)
Dear Mr. Yang:

In response to your Request for Qualifications dated November 7, 2024, AKM Consulting Engineers is pleased to submit this Proposal to provide construction management services for the Laurel Avenue sewer main, Nocta Street sewer main, and Nocta Street priva te sewer lateral improvements for the Ontario Municipal Utilities Company (OMUC). Our submittal reflects our understanding of the scope of work based upon the RFP, information provided by OMUC, and our previous experience working with OMUC.

AKM has assembled a highly experienced Project Team specializing in the design, operations, and construction management of sewer pipeline projects, with recent roles on similar assignments. The team will be led by Mr. Emin Kayiran, CPII, as Project Manager, bringing over 20 years of inspection and construction management experience. He will act as OMUC’s contract representative and will oversee the work of our proposed Construction Manager, Mr. Steve Patterson, and Inspector, Mr. Jason Pilgrim. Our proposed team is currently completing similar services for OMUC’s Mecedes Lane and Ferrari Lane Sewer Improvements Project.

Mr. Patterson has over 40 years of experience in construction management, inspection, and operations, including 18 years as an operations Supervisor for a municipal water and wastewater utilities department.

His extensive background spans roles as a Construction Manager, Inspector, Contractor Foreman, and Operations Supervisor for sewer improvement projects. Mr. Pilgrim has served as both a construction inspector, and previously, as a contractor’s pipeline foreman during the construction of sewer improvements.

This proposal includes our staffing plan, methodology, approach, proposed fee, and project profiles showcasing successful completion of similar assignments. We appreciate the opportunity to support OMUC on this important project and are available to answer any questions or provide additional information.

Sincerely,
AKM Consulting Engineers
Emin Kayiran, CPII
Vice President/Director of Construction Management Services 949.753.7333
[email protected]
155
AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077

1. Staffing Resources
All construction management and administrative support services provided by AKM are tailored to meet the technical and managerial needs of the project, with senior, highly qualified personnel assigned to key tasks. Operating within a streamlined structure with clear authority and responsibility, our proposed Construction Manager will lead daily communication with the Contractor, OMUC, Permitt ing Agency Inspectors, City Engineering staff, and other stakeholders. Their expertise and effectiveness will be critical to the project's success. AKM’s team members are well - versed in the project’s plans and specifications, possess excellent communication skills, and can navigate conflicts while safeguarding OMUC’s interests. Our Project Team, assembled based on the scope of work and our experience with similar projects, includes resumes provided at the end of this proposal.

Mr. Emin Kayiran will act as OMUC’s primary representative, overseeing the Construction Manager and Inspector’s work, establishing management and inspection protocols, attending progress meetings, and managing the project budget with regular updates to OMUC. Our dedicated team will remain available for the project’s duration.

EMIN KAYIRAN, CPII
Project Manager
Emin Kayiran, our assigned Project Manager, will serve as the principal point of contact with the City and will have full technical and administrative responsibility for the project. He has over 20 years of experience in inspection and construction management of forcemains, pipelines, wells, treatment facilities, pump stations, pressure reducing facilities, sumps, wet wells and valve vaults, sheet piling, deep excavations, ground remediation, dewatering, shut-downs, tie-ins, temporary by-pass pumping, commissioning and testing, installation of emergency power generators and automatic transfer switches, electrical and control systems for water resource facilities, as well as special protective linings and coatings . Mr.

Kayiran will oversee the evaluation and analysis of change orders and work directly with the Construction Manager to address changes, delays, claims, and conflict resolution. He will direct the AKM Project Team and collaborate with the Construction Man ager to develop initial inspection protocols and the Construction Management Plan. Mr. Kayiran will meet monthly with the City to present AKM’s progress report and review project status, focusing on schedule adherence and resolving major issues.

STEVE PATTERSON
Construction
Manager
Mr. Steve Patterson will serve as the Construction Manager, responsible for ensuring that field construction management and inspection activities align with project goals and the defined scope of work. He has over 30 years of public infrastructure construction, operation, maintenance, and design experience. Mr. Patterson has significant experience managing and inspecting construction with an emphasis on public works capital improvement projects. He will directly oversee the assigned Construction Inspector, review daily reports, schedule materials testing and special inspections, and maintain a running project punch list. Mr. Patterson will work with the Project Manager to establish inspection procedures and the Construction Management Plan, issue deficiency notices, coordinate their resolution, address day-to-day field and quality assurance issues, and liaise with utility companies and the Contractor. Additionally, he will preside over weekly progress meetings with the City and the Contractor. It is expected that Mr. Kayiran and Mr. Patterson will meet weekly to discuss ongoing issues, address items within their respective scopes of responsibility that may impact each other and assign inter -team action items. This coordination ensures no gaps in the team’s roles and that AKM-responsible issues are promptly resolved.

JASON PILGRIM
Construction
Inspector
Mr. Pilgrim is a Construction Inspector with AKM Consulting Engineers and has over 27 years of experience in the water, recycled water, and wastewater field. Previously, Jason worked for Irvine Ranch Water District where he was the Manager of their Inspection Group.

He has participated in the construction, inspection, implementation and management of numerous operational, rehabilitation, and capital improvement projects. Jason is currently completing the inspection of an OMUC project, the Mercedes and Ferrari Lane Sewer Improvements Project.
156

AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077

2. Method to Accomplish Work
AKM has thoroughly reviewed the scope of work included in the subject request for proposal and accepts it in its entirety.

The foregoing paragraphs describe our methods for managing the most critical project hurdles.

METHODOLOGY For this project to be successful, AKM will proactively and effectively manage various challenges from the project's onset through construction and completion. Key issues include coordination with utility companies, careful inspection and testing of pipeline installations and manholes, traffic control, maintaining access to nearby residences, and businesses, and fostering positive public relations while working within the public right -of-way. Our approach involves thorough upfront planning, clear documentation, effective communication protocols, and implementation of a Project-Specific Inspection and Work Plan.

DOCUMENTATION AKM places great emphasis on project document control, recognizing that effective management reduces client risk, helps avoid and resolve disputes, improves project lifecycles, enhances contractor accountability, and expedites issue resolution. We will maintain project documentation in strict accordance with project requirements, demonstrating a commitment to prudent project management and administration. This diligence enables the Construction Manager to verify that all necessary paperwork fo r permits, submittals, schedule updates, and redline drawings is submitted on time, ensuring smooth project progression.

CLOUD BASED PROJECT MANAGEMENT & DOCUMENT CONTROL Given the importance of documentation, communication, coordination among participants, responsiveness, and timely project completion, AKM proposes using Procore, a cloud -based, interactive project management and document control system. Procore’s goals inc lude reducing response times, eliminating redundant recordkeeping, improving transparency and accountability, and providing OMUC with real-time access to all project information and documentation.

Procore will host all project documents, including plans, specifications, and permits. It will manage RFIs, submittals, the CPM schedule, as -built drawings, project photos, punch lists, and daily construction reports. One key advantage of Procore is its app-based platform, allowing the Construction Manager and Inspector to upload photos, respond to RFIs, process submittals, complete daily reports, and create punch list items directly from a smartphone or tablet.

At project completion, OMUC will receive an archived version of the system on a flash drive. Training for all project users will be provided.

At the project's onset, AKM will collaborate with OMUC staff to develop project -specific workflows, which will be programmed into Procore. These workflows will ensure that all participants stay informed and that response times are tracked. As AKM is curren tly using Procore for four OMUC projects, we anticipate deploying it in a similar manner for this project.

COORDINATION WITH UTILITIES This project requires precise coordination with utility companies. An experienced construction management team is essential to ensure this coordination happens effectively and in a timely manner, preventing project delays. Our team has extensive experience working with both SCE and the Gas Company on similar projects, equipping us to manage these requirements efficiently.

SCHEDULE MANAGEMENT Time is of the essence, especially for pipeline projects in the public right -of-way, where extended durations impose additional burdens on the community. AKM will work closely with the Contractor to establish a well -coordinated construction schedule with a ppropriate logic ties, enabling the project team to anticipate and address potential scheduling issues.

Shortly after the construction contract is executed, AKM will meet with the Contractor to discuss scheduling requirements and expectations. We will thoroughly analyze the Contractor’s work breakdown structure, activity duration reasonableness, and logic ti es. A critical focus will be ensuring that fieldwork activities are properly linked to their associated submittals and procurement activities, accurately reflecting the potential impact of delays on the overall project. This process will begin during preco nstruction to provide a clear, actionable plan well before fieldwork starts, giving OMUC and AKM an effective tool for tracking project progress.

COORDINATION OF SUBMITTAL & PROCUREMENT PROCESS Submittals and material procurement are crucial to driving project schedules and success. AKM enhances this process by thoroughly reviewing submittal packages for completeness and relevance before forwarding them to OMUC and the design engineer. During rev iew periods, our Construction Manager maintains close communication with the design team to expedite comments and feedback.

If submittals are not approved after a second iteration, AKM will chair resolution meetings with the Contractor, as direct communication often bridges understanding gaps between manufacturers, suppliers, and the design team. This proactive approach ensures timely progress and mitigates delays in procurement. 157

AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077
POTENTIAL FOR UTILITY & OTHER CONFLICTS Construction near the public and subsurface work inherently carries an elevated risk of conflicts. Utility locations shown on Contract Drawings are typically based on existing records and any potholing conducted during design. However, the accuracy of these locations depends on the reliability of available utility records.

Potential utility conflicts may necessitate redesigns or utility relocations, causing delays, increased costs, and extended public impacts. Additionally, unforeseen impacts on nearby properties or businesses may only become evident after construction begins, potentially causing public resistance and project delays as these issues are resolved.

COORDINATION WITH MULTIPLE PROJECT PARTICIPANTS Successful execution of the project will require close collaboration with various outside agencies and OMUC’s Inspector, Engineering, and Operations Staff. Ongoing communication is anticipated with the following stakeholders:

• The Design Engineer (Stantec)
• Utilities owning facilities within the project
boundaries
• Supplier and Manufacturer’s representatives
for onsite and off-site services
• Residents
• Representatives from businesses adjacent and
near the proposed work area

Each entity may have unique concerns and require different levels of communication. Providing clear, timely, and accurate information will build trust and confidence in the project. Understanding each stakeholder’s perspective before construction begins will allow our team to develop an effective communication plan tailored to their needs.

PROJECT MANAGEMENT Our Construction Management Team will diligently manage the project budget to prevent overruns during the execution of services. While the Project Manager holds ultimate responsibility for tracking, managing, and reporting budget status to OMUC, every team member contributes to effective project management.

The Construction Manager thoroughly reviews and understands the project -specific scope of work before starting services and logs project hours daily. The Project Manager reviews accrued hours weekly and carefully analyzes project costs and staffing needs. Work hours are then allocated in advance for the following week’s scheduled services.

Adherence to the project budget relative to construction progress, based on the schedule, will be communicated to OMUC monthly or at any other interval requested by OMUC. Written notifications will be provided when the budget reaches milestones of 25%, 50%, and 75% of total costs expended. AKM is committed to staying within the agreed-upon budget limit.

SCHEDULE AKM has a proven track record of quickly responding to and resolving issues, achieved by not overcommitting resources. We have assessed our current workload and assembled an elite team that will maintain the availability required for the duration of this p roject. Responsiveness is a core strength of our team, ensuring timely project initiation, progress, and completion. Although the project schedule will primarily be guided by contractually required milestones and the construction schedule develope d by the awarded contractor, AKM will maintain consistency in our response times to actively support project advancement. Below are our proposed response times and deliverable schedules for the project.

• Response to Change Order Proposals: 1 to 5 business days depending on size, scope and complexity of the change order.
• Submission of Daily Reports: All Daily Reports will be submitted by 9:00 AM the following business day. In most cases, the Daily Report will be provided the same day. • Baseline Schedule Review: 1 to 7 business days depending on size and complexity of the schedule submitted • CPM Schedule Update: 1 to 3 business days depending on number of changes made in the schedule. • Monthly Report: 5 business days following the last working day of the Month. • Field Compliance Documents: Field compliance documents such as materials certificates, material tickets and testing reports will be kept in the master project file and made available to the City within 2 business days.

Additionally, a copy of the documents will be included as an attachment in the Inspector’s Daily Report. • As-Built Drawings: 2 business days once reconciled with the Contractor’s records. • Closeout Documents: 1 business day once received from the Contractor. • Request to Mobilize for the Project: 1 business day. • Deployment of Web Based Project Management or Document System: 2 to 4 business days. • Meeting Minutes: 1 to 3 business days depending on length and complexity of the meeting.

GENERAL PROJECT TEAM CONDUCT
• Maintain professionalism when interacting with OMUC, contractors, and other team members at all times. 158

AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077
• Treat all project team members with the utmost respect. • Use excellent communication skills to regularly update OMUC on project status, both verbally and in writing. • Submit and discuss a weekly project progress report with the AKM Project Manager. • Proactively address problems by objectively communicating issues to OMUC and the AKM Project Manager while proposing initial solutions and action plans.
• Always act in the best interests of OMUC and the project. • Perform all duties with honesty, integrity, and loyalty to OMUC, AKM, and the project. • Be responsive to all project participants.
• Conduct all services strictly within the contractual scope of work. • Consistently enforce the project's contract documents.

CONSTRUCTION MANAGEMENT RESPONSIBILITIES
• Implement the established project document control and filing system promptly and in an organized manner, utilizing Procore as proposed.
• Receive, file, and log all project submittals. Distribute them to the appropriate project participants for review, ensure reviewers are aware of deadlines, and transmit responses and comments to the contractor. • Receive, file, and log all project Requests for Information (RFIs). Distribute them to the appropriate project participants, monitor review deadlines, and transmit responses to the contractor. • Capture construction photographs to document progress, compliance, and construction activities. • Coordinate the timely services of other OMUC consultants assigned to the project (e.g., geotechnical materials testing, corrosion specialists, and surveyors).
• Conduct well-organized preconstruction and progress meetings, providing OMUC with agendas beforehand and detailed meeting minutes afterward.
• Review contract change order requests from the contractor for merit, discuss them with the AKM Project Manager, and submit recommendations to OMUC based on contract documents. Respond to the contractor following coordination with OMUC. Maintain detailed accounting records for wo rk performed under force account (time and materials).
• Perform a weekly assessment of project working days and communicate the findings to the contractor. • Receive and review progress schedules, including two -week short -interval and CPM schedules. Provide comments to OMUC and track the contractor’s progress against the baseline CPM schedule.

CONSTRUCTION INSPECTION RESPONSIBILITES
• Perform detailed inspections to ensure that the construction of designed facilities complies with the contract documents.
• Complete a comprehensive daily inspection report and submit it to OMUC and the AKM Project Manager via Procore each day.
• Capture construction photographs to document progress, compliance, and significant events. Include photographs in the daily report and file them systematically. • Review payment quantities with the contractor on a monthly basis and provide payment recommendations to OMUC.
• Maintain a project corrections list throughout construction and distribute preliminary and final punch lists to the contractor and OMUC.
• Update as-built drawings as construction progresses and review them weekly with the contractor.

159

AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077

3. Fee Proposal
To complete the proposed scope of services, we estimate the following budget will be required. Work will be performed on a time and material, not to exceed basis, in accordance with AKM’s rate schedule established as part of OMUC On - Call Construction Management contract, included in this section.

Labor Classification
Hourly
Rate
2025
Hourly
Rate
2026
Principal $261 $269
Principal Engineer $261 $269
Project Manager $253 $261
Project Engineer $241 $248
Senior Construction Manager $240 $247
QA/QC Manager $240 $247
Senior Engineer $221 $228
Construction Manager $206 $212
Senior Field Engineer / Inspector $203 $209
Field Engineer / Inspector $178 $184
Associate Engineer $172 $177
Staff Engineer $153 $157
Financial Analyst $140 $144
Senior Designer / Senior CADD Technician $121 $124
Designer / CADD Technician $112 $115
Assistant Engineer $111 $114
Engineering Technician $102 $105
Engineering Aide $86 $89
Office Support $86 $89
Data or Word Processing $84 $86

Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost plus 10%.

Subcontracted services will be marked up 10% to cover costs associated with administration, coordination and management of subcontractors. Mileage will be invoiced at $0.75/mile. This schedule of rates is in effect until December 2026, at which time it may be adjusted.
160
Project
Manager Construction Manager Inspector Total Hours Labor Total Total Cost $253.00 $206.00 $178.00

1.1 Contract Document Review, PreConstruction Site Photos and Videos 2 8 8 18 $3,578 $3,578

1.2 Document Control Procedures, Coordination with City Staff 8 24 32 $6,968 $6,968

1.3 Pre-Construction Meeting 2 12 2 16 $3,334 $3,334

1.4 Preliminary Utility Coordination 2 16 8 26 $5,226 $5,226 14 60 18 92 $19,106 $19,106

2.1 On-Site Construction Management 8 180 188 $39,104 $39,104

2.2 Scheduling and Progress Meetings 32 64 96 $21,280 $21,280

2.3 Change Order Management 16 64 80 $17,232 $17,232

2.4 Requests for Information (RFIs) 8 40 48 $10,264 $10,264

2.5 Submittal Management 8 64 72 $15,208 $15,208

2.6 Claims Management 8 24 32 $6,968 $6,968

2.7 Weekly Resident Engineer Report 40 40 $8,240 $8,240

2.8 Schedule of Values and Progress Pay Estimates 32 32 $6,592 $6,592

2.9 Safety Program and Traffic Control Plan 8 8 $1,648 $1,648

2.10 Project Recods 16 16 $3,296 $3,296

2.11 Full-Time Inspection 1886 1886 $335,708 $335,708
80 532 1886 2498 $465,540 $465,540

3.1 Coordinate Close-Out and Submittal of Final Documents 2 8 2 12 $2,510 $2,510

3.2 Final Payment 4 4 $824 $824
2 12 2 16 $3,334 $3,334
$48,798
96 604 1906 2606
$24,288 $124,424 $487,980 $536,778
Task1 - Pre-Construction
Laurel Avenue, Nocta Street, and Nocta Street Private Sewer Main Improvements Construction Management and Inspection for OMUC Contract NO. UT 1067, UT 1070, and UT 1077 Ontario Municipal Utilities Company
Proposal - December 19, 2024
Task No. Description
Labor Hours and Rates by Classification Fees
Total Fee
Total Hours

SUBTOTAL

SUBTOTAL
Task 2 - Construction Phase
Task 3 - Post Construction Phase
Additional Services (10%)
161
AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077

4. Other Information
AKM Consulting Engineers has a long and distinguished track record in providing quality construction management and inspection services for water, recycled water, and wastewater systems. Specific examples of AKM's experience are listed below. These projects are representative of the types of w ork that AKM staff members have completed. Please note, all projects listed were completed within budget and schedule. Contacts are included with each of projects for your reference.

MERCEDES LANE AND FERRARI

LANE SEWER IMPROVEMENT

PROJECT
Ontario Municipal Utilities
Company – 1333 S. Bon View
Avenue, Ontario, CA 91761
Contact: Mr. Thomas Palmieri (909)
395-2688 [email protected]
AKM is providing construction management and inspection services for the Mercedes Lane and Ferrari Lane sewer improvement project. Mercedes Lane consisted of installation of a new diversion manhole on the existing 12 -inch sewer, installation of new sewer manholes, and installation of a new manhole on the existing 12 -inch sewer and connection to the existing sewer, installation of 6 -inch VCP sewer lateral and connecting to existing 6 -inch lateral, removal of approximately 400 feet of existing 8 -inch VCP sewe r, removal of an existing manhole and abandonment of approximately 115 feet of existing 8-inch VCP sewer in place. Ferrari Lane work included construction of a new diversion manhole on existing 12 -inch sewer, connecting to the existing manhole, removal of approximately 650-feet of 8-inch VCP sewer.

ROSS AVENUE SEWER

IMPROVEMENT PROJECT
City of Alhambra – 111 South First
Street, Alhambra, CA 91801
Contact: Mr. Dennis Ahlen, Deputy
Director of Utilities (626) 570-3274
[email protected]
AKM provided construction management and
inspection services for the removal and disposal
of approximately 1,700 linear feet of existing 20”
VCP sewer; removal and disposal of five (5)
existing manholes; the installation of
approximately 1,700 linear feet of 21” extra
strength VCP sewer including the trenching,
bedding, and pavement resurfacing; the
construction of five (5) 60” sewer manhole
including the application of a polyurethane
coating system to the interior manhole surfaces, connecting existing se wer laterals to the new sewer main; backfill and re -compaction of the sewer trench; reconnecting existing sewer manhole connections; mobilization, demobilization, and traffic control implementation. The work required continuous bypass pumping during the construction of the new sewer main with flows exceeding 1,500 GPM at peak flow.

LIFT STATION NO. 6 FORCEMAIN

REPLACEMENT PROJECT
South Coast Water District- -
31592 West Street, Laguna Beach,
CA 92651
Contact: Mrs. Taryn Kjolsing, P.E.
(949) 499-4555 ext. 3171
AKM provided construction management and
inspection services during two separate forcemain
alignments. The Work included furnishing
products, labor, tools, transportation, and services
to construct approximately 900 lineal feet of 12 -
inch SDR 35 PVC gravity sewer and manholes
along Monarch Bay Drive; Construction of
approximately 2,250 lineal feet of 18 -inch AWWA
C905 sewerforce main with epoxy lined and
coated ductile iron fittings; providing a temporary sewer bypass system; tie - in new facilities to existing gravity sewers at two locations and the force main at one location. Also required was the construction of 8 sewer manholes; lining of 3 sewer manholes; installing an AC berm and concrete curb; replacing sidewalk, landscaping, irrigation, speed bumps, and concrete cross gutters; 2” AC pavement grind and overlay. The project encroached into 3 separate home owners associations (HOA) and spans 2 gated communities. 162

AKM Prop. 24-1090
Contract. UT1067, UT1070, UT1077

SEWERMAIN REPAIRS
City of El Segundo – 350 Main
Street, El Segundo, CA 90245
Contact: Mr. Lifan Xu, City Engineer
(310) 524-2368 [email protected]
AKM provided construction management and
inspection services during the construction of
sanitary sewer main repairs. Specific work items
consist of the construction of 3,600 lineal feet of
new VCP sewer line ranging from 8 -inch to 15
inch in size, the construction of two new
manholes, pre and post CCTV inspection of the
sewer lines, terminal cleanout structures, sewer
flow bypass pumping, traffic control, and permanent street and alley resurfacing including full depth replacements, grind and overlay and slurry seal in selected areas.

SEWER REHABILITATION AT

VARIOUS LOCATIONS
City of Cypress – 5275 Orange
Avenue, Cypress, CA 90630
Contact: Mr. Nick Mangkalakiri,
Director of Public Works /City
Engineer (714) 229-6729
[email protected]

AKM provided construction management and
inspection services for the removal and
reconstruction of approximately 2,113 linear feet
of existing 8 -inch VCP gravity sewer line, 245
linear feet of 10 -inch VCP gravity sewer line, and
315-linear feet of 12 -inch VCP gravity sewer line.

Additionally required was the installation of 378
linear feet of folded and reformed PVC liner, 32
linear feet of active infiltration pressure grouting, polyurethane lining of four (4) existing manholes, injection grouting of six (6) existing manholes to halt infiltration, removal of manhole steps in two (2) existing manholes and the construction of one (1) new manhole. The above-described work necessitated the installation and maintenance of a sewer bypass system during the work, dewatering and settlement monitoring, traffic control, asphalt concrete paving repair of the trenched areas including re-striping, pre and post installation closed circuit television inspection of the sewer lines to be replaced or repaired, as well as the replacement of public improvements damaged by the Contractor during construction.

FORCEMAIN IMPROVEMENTS

FOR THE ROCKY POINT AND

PASEO DEL MAR PUMP STATIONS
City of Palos Verdes Estates - 340
Palos Verdes Drive West, Palos
Verdes Estates, CA 90274
Contact: Mr. Ken Rukavina, Director
of Community Development for the
City of Rancho Palos Verdes (310)
544-5200
AKM provided construction management and
inspection services of two separate forcemain
alignments, Rocky Point and Paseo Del Mar. The
Rocky Point alignment included 2,550 lineal feet
of 6-inch buried ductile iron pipe, 950 lineal feet
of 8-inch PVC gravity pipe, and 75 lineal feet of 6-
inch PVC C900 forcemain. The Paseo Del Mar
Alignment included 1,950 lineal feet of 6 -inch
buried ductile iron pipe. The project also
included the construction of four (4) manholes, the recoating of four (4) existing manholes w ith an epoxy/polyurethane coating, traffic control, repaving of the effected streets, slurry sealing of the streets from curb to curb and utility coordination. The two alignments were constructed simultaneously. This required close coordination with the Contractor, City and AKM’s field personnel to ensure that the work was completed in accordance with the plans and specifications prior to this critical deadline.

163

EMIN KAYIRAN
Project Manager
Vice President & Director of Construction Management Services

REGISTRATION
APWA – Certified Public
Infrastructure Inspector

YEARS OF EXPERIENCE
20 years (20 with AKM)

EDUCATION
Civil Engineering Studies –
CSU Long Beach
B.S. Business
Administration – University
of Arizona

CAREER HIGHLIGHTS
Subject Matter Expert for
the American Public
Works Association
Co-Author of a new
training module on the
inspection of pumping
and treatment facilities –
Published in 2019
Authored “CPII as a
standard of practice” –
Published September
2014
Co-presenter and speaker
for “De-mystifying Risk”
and ENR webinar

Emin Kayiran, CPII , is a h ighly experienced construction management professional with expertise in overseeing complex infrastructure projects. Throughout his experience, he has s pecialized in inspection & const ruction management of pump stations, pipelines, treatment facilities, force mains, reinforced concrete structures, deep excavations, dewatering, electrical and control systems, emergency power systems, protective coatings, and materials testing. Mr. Kayiran also manages, coordinates and oversees materials testing and special inspection during construction. He is adept at stakeholder coordination to achieve project objectives efficiently within constrained sites and schedules.
▪ Mercedes Lane and Ferrari Lane Sewer Project – City of Ontario Project Manager: Mercedes Lane – Installation of a new diversion manhole on the existing 12 -inch sewer, installation of new manholes and connection to existing sewer, installation of 6-inch VCP sewer lateral, removal of approximately 400 LF of 8-inch VCP sewer, removal of existing manhole, and abandonment of approximately 115 feet of 8 -inch VCP sewer. Ferrari Lane – Construction of a new diversion manhole, removal of approximately 650 -feet of 8 -inch VCP sewer, connecting to existing sewer systems, bypass sewer flows, traffic control, concrete and asphalt concrete pavement repair, and street restoration. ▪ Butterfield Chino Creek 10 inch Forcemain Reloc ation – City of Chino Hills Construction Manager: Relocation of a 10-inch DI wastewater force main, including 500 LF of C-900 PVC and 100 feet of 24-inch welded steel casing via jack and bore under Chino Creek.
▪ Paseo Del Mar and Rocky Point Sewer Pump Stations Forcemain Improvements Project Manager : Rocky Point – Alignment included 2,550 lineal feet of 6 -inch buried ductile iron pipe, 950 lineal feet of 8 -inch PVC gravity pipe, and 75 lineal feet of 6 -inch PVC C900 forcemain. Paseo Del Mar – Alignment included 1,950 lineal feet of 6-inch ductile iron pipe.
▪ Sewer Main Improvements – City of El Segundo
Project Manager : Work consisted of traffic and safety control, and sewage flow bypassing, replacement of 6,300 LF of 8”, 10” and 12” VCP sewer main, the CIPP lining of 1,471 LF of 8” sewer main, reconstruction of 6 manhole bases and channels, and 191 service connections. The wo rk also included shoring, dewatering, excavation, sewer flow bypassing, crushed rock bedding, backfill, CCTV inspection of all replacement and repairs, and temporary and permanent asphalt concrete paving, Type II asphaltic slurry seal and traffic striping. AKM was charged with keeping strict documentation in accordance with U.S. Army Corp of Engineers documentation requirements.
▪ Sewer Rehabilitation Projects (Various Locations) – City of Cypress Construction and Project Manager : Replacement of approximately 2,700 LF of 8- 12” VCP gravity sewer line. The project also involve d the installation of 378 LF of folded and re -formed lining, in -line pressure grouting, injection grouting of manholes, epoxy/polyurethane lining of 4 manholes and 1 new manhole.

Additionally, installation of a sewer bypass system during the work, dewatering and settlement monitoring, traffic control, and asphalt concrete paving repair of the trenched areas.
164

EMIN KAYIRAN
Project Manager
Vice President & Director of Construction Management Services

REGISTRATION
APWA – Certified Public
Infrastructure Inspector

YEARS OF EXPERIENCE
20 years (20 with AKM)

EDUCATION
Civil Engineering Studies –
CSU Long Beach
B.S. Business
Administration – University
of Arizona

▪ Sewer Improvements at Fred Drive – City of Cypress
Construction Manager and Resident Engineer : Removal of approximately 45 LF of 8-inch capacity deficient VCP and replacement with 10 -inch VCP and re - channelization of two (2) existing manholes. Also included was a tie -in to an existing 51-inch Orange County Sanitation District (OCSD) RCP trunk sewer at an 84-inch OCSD manhole. The work required the installation of a new PVC gas flap and repairs to the PVC lining within the existing OCSD manhole. Close coordinating with OCSD was required to ensure OCSD safety requirements were met while the Contractor’s forces were working within the 84-inch manhole and that the work was completed in accordance with OCSD standards. ▪ Ross Avenue Sewer Improvements Project – City of Alhambra Construction Manager: Removal and disposal of approximately 1,700 linear feet of existing 20” VCP sewer; removal and disposal of five (5) existing manholes; the installation of approximately 1,700 linear feet of 21” extra strength VCP sewer including the trenching, bedding, and pavement resurfacing; the construction of five (5) 60” sewer manholes including the application of a polyurethane coating system to the interior manhole surfaces, connecting existing sewer laterals to the new sewer main; backfill and re -compaction of the s ewer trench; reconnecting existing sewer manhole connections; mobilization, demobilization, traffic control implementation and continuous bypass pumping during the construction of the new sewer main.
▪ Lift Station No. 6 Forcemain Replacement Project – South Coast Water District Project Manager : During AKM’s construction management , project consisted of 900 lineal feet of 12-inch SDR 35 PVC gravity sewer and eight (8) manholes, 2,250 lineal feet of 18 -inch AWWA C905 sewer forcemain with epoxy lined and coated ductile iron fittings, temporary bypass system, tie -in of new facilities to existing gravity sewer and forcemains, protection of existing facilities in -place, and repaving/restripe streets to restore existing condition. The forcemain construction is within Pacific Coast Highway in the City of Dana Point. ▪ Chevron Forcemain – City of El Segundo
Construction Manager: Installation of 1704 feet of 4 -inch SDR 13.5 HDPE, 28 feet of 4-inch 40 mil ceramic epoxy lined class 54 ductile iron pipe, 205 feet of 4 -inch SCH40 stainless steel pipe, 7 feet of 3-inch SCH40 stainless steel pipe, 10 concrete pipe support pedestals with stainless st eel adjustable pipe roller supports, and 10 6-inch diameter steel guard posts. This project included coordination with Chevron Corporation, NRG, and the City of El Segundo for inspection during pipeline excavation, installation, hydrostatic pressure testing, and backfill. ▪ Sewer Improvements at Valley View and Orange Avenue – City of Cypress Construction Manager: Directed in stallation of a new 48 -inch drop manhole over an existing 10 -inch VCP gravity sewer line, replacement of VCP gravity sewer upstream and downstream of the new manhole, a new sewer clean -out, a new 84- inch T-lock lined manhole over an existing 51-inch trunk sewer owned by OCSD, a 10-inch VCP connection between the new 48 -inch drop manhole and the new 84 - inch OCSD manhole, reestablishment of trees and irrigation lines, reconstruction of the stamped concrete median, as well as full depth reconstruction of the asphalt 165

EMIN KAYIRAN
Project Manager
Vice President & Director of Construction Management Services

REGISTRATION
APWA – Certified Public
Infrastructure Inspector

YEARS OF EXPERIENCE
20 years (20 with AKM)

EDUCATION
Civil Engineering Studies –
CSU Long Beach
B.S. Business
Administration – University
of Arizona

concrete paving and restriping of the street. Project challenges included completing the project within the allotted contract time as the work area was within a few hundred feet of Cypress High School , and coordination with OCSD staff for periodic and final testing/inspection of the new 84-inch manhole. ▪ Alhambra Lift Station 7 – City of Alhambra
Project Manager: Removal and replacement of VCP sewer ranging in size from 8 - inch to 12-inch; construction of 2,952 LF of 10 -inch diameter DR 14 AWWA C900 PVC forcemain; construction of 412 LF of 10-inch diameter DR 14 AWWA C900 PVC forcemain connecting to the existing 8 - inch diameter cast iron forcemain; jacking and boring 259 LF of 1 8” diameter, steel casing under the I -10 Freeway and the Metrolink Railroad; jacking 261 LF of 10 -inch diameter DR 14 AWWA C900 PVC carrier pipe; constructing approximately 121 LF of 8-inch and 64 LF of 6-inch Class 350, double thick cement mortar lined ductile iron pipe, fittings and valves; removal of approximately 132 LF of existing 8 –inch and 6 -inch diameter cast iron water pipes, relocation of other interfering utilities; bypass pumping and maintaining sewer flows throughout the construction . This bridge crossing design was a portion of a larger project encompassing a total of 2,500 -LF of on -site and off-site pipeline work which ultimately discharges into the City of Long Beach sewer system.
166

STEVE PATTERSON
Senior Construction Manager

YEARS OF EXPERIENCE
40 years (16 with AKM)

Certifications / Affiliations
AWWA Cross Connection
Control Specialist
NPDES Storm Water Quality
Training for Construction Site
Activities
California Department of
Public Health Water Treatment
Operator
California Department of
Public Health Water
Distribution Operator
Orange County Health
Department Backflow Device
Tester
Cla-Val, Engineering,
Maintenance and Design
California Rural Water
Distribution System
Maintenance and Design

OSHA HAZWOPER
NIMS 700
CJPIA
Management Academy
Haestad Methods
Water System Design and
Hydraulic Modeling
First Aide & CPR

Mr. Patterson is a Construction Manager/Inspector with AKM Consulting Engineers, and has over 30 years of experience in the Water/Wastewater Utilities field, during which time water distribution system design, construction, operations, maintenance, and repair, of water and wastewater infrastructure have been the emphasis of his career. He has numerous certifications, training and knowledge pertaining to the safe and reliable construction, operation and maintenance of water and wastewater infrastructure. Mr. Patterson served for 18 years with a municipally owned water and wastewater utilities department as an Operations Supervisor, responsible for the supervision and operations of a comprehensive repair, inspection and monitoring program. (50,000 customers, 18,000 service connections,1.5MGD Ground Water Treatment plant, 2 ground water wells, 200 miles of pipe from 6” to 30”, 33 pressure zones, 16 water storage facilities, 15 pump stations, 88 pressure/flow regulating stations, and upwards of 20 subordinate employees). Mr.

Patterson has participated in the design, construction, inspection, i mplementation and management of numerous operational, rehabilitation, and capital improvement projects. ▪ Mercedes Lane and Ferrari Lane Sewer Project for the City of Ontario – Construction Manager for the Mercedes Lane and Ferrari Lane Sewer Projects. Mercedes Lane work includes installation of a new diversion manhole on the existing 12 -inch sewer, installation of new manholes and connection to existing sewer, installation of 6 -inch VCP sewer lateral, removal of approximately 400 LF of 8 -inch VCP sewer, removal of existing manhole, and abandonment of approximately 115 feet of 8 -inch VCP sewer. Ferrari Lane wor k includes construction of a new diversion manhole, removal of approximately 650 -feet of 8 -inch VCP sewer, connecting to existing sewer systems, bypass sewer flows, traffic control, concrete and asphalt concrete pavement repair, and street restoration. ▪ Sewer Rehabilitation at Various Locations Project for the City of Cypress – Construction Inspector for the project involving the replacement of approximately 2,700 LF of VCP gravity sewer line ranging from 8-inch to 12-inch in size. The project also involves the installation of 378 LF of folded and re-formed lining, in-line pressure grouting, injection grouting of manholes, epoxy/polyurethane lin ing of four (4) manholes and construction of 1 new manhole.

Additionally required is installation of a sewer bypass system during the work, dewatering and settlement monitoring, traffic control, asphalt concrete paving repair of the trenched areas including re-striping, and pre and post installation closed circuit television (CCTV) inspection of the sewer lines to be replaced or repaired.
▪ Sewer Spot Repairs for the City of Alhambra – Construction manager/inspector for the City’s sewer spot repair of 8 -inch to 10 -inch VCP, and replacement of one sewer manhole.

Work included traffic control, bypass pumping, asphalt paving, trench repair and appurtenant curb & gutter replacement.
▪ Sewer System Repair, Relining, and Replacement Project for City of El Segundo (EPA FUNDED) – Construction manager/inspector for the replacement of 6,300 LF of 8 -inch, 10- inch, and 12-inch VCP and relining of 1,500 LF of 8-inch VCP. The project, which was located in residential streets, also involved traffic control, bypass pumping at multiple l ocations and repaving of the streets.
▪ Marblehead Coastal Tract Improvements (Sewer, Water, Storm Drain and Street) for the City of San Clemente - Utility Management and project supervision for the development and construction of the City of San Clemente’s Marblehead Coastal Commercial and Residential Tract. The project included 8 -inch VCP, PVC and HDPE sanitary sewer improvements, as well as street improvements including construction of new asphalt concrete roads, curb, gutter and sidewalk improvements.
▪ The Reserves Tract Improvements (Sewer, Water, Storm Drain and Street) for the City of San Clemente - Utility management and project supervision for the development and 167

STEVE PATTERSON
Senior Construction Manager

YEARS OF EXPERIENCE
40 years (16 with AKM)

OSHA HAZWOPER
NIMS 700
CJPIA
Management Academy
Haestad Methods
Water System Design and
Hydraulic Modeling
First Aide & CPR

construction of the City of San Clemente’s “The Reserves” Residential Tract. The project included 8-inch VCP and PVC sanitary sewer piping and one sewer lift station, 8 -inch to 16- inch PVC and D.I. distribution system piping; one new potable water pressure regulating station; and a storm drain system that included RCP from 12-inch to 48-inch with a detention pond. Also included was the construction of new streets, curb, gutter and sidewalk within the tract.
▪ Myra Avenue Storm Drain, Sewer and Street Improvements #2 for the City of Cypress – Construction Inspector during the project which consisted of removal and reconstruction of 450 LF of existing 8 -inch VCP gravity sewer lines, recoating of three (3) existing manholes with an epoxy/polyurethane coating, construction of one (1) new drop manhole and the construction of concrete encasements around existing VCP sewer lines. The project also required the construction of approximately 1,351 linear feet of a 14-foot wide by 4.5-foot high precast reinforced concrete box storm drain detention basin, construction of 500 LF of RCP tributary lines, associated manholes, and junction structures, reconstruction of cross gutters, ten (10) new concrete catch basin structures, full depth reconstruction of the asphalt concrete paving on Myra Avenue curb to curb between Moody and Denni including the construction of curb ramps with detectable warning surfaces at all nine (9) street crossings along Myra Avenue.
▪ Forester Highlands Tract Improvements (Sewer, Water and Storm Drain) for the City of San Clemente - Utility management and project supervision for the development and construction of the City of San Clemente’s “Forester Highlands” residential tract. The project included 8 -inch VCP and PVC sanitary sewer piping; 8 -inch to 16 -inch PVC and D.I. distribution system piping, one new potable water pressure regulating station; and a storm drain system that included reinforced concrete pipes from 12 -inch to 48-inch. Also included was the construction of new streets, curb, gutter and sidewalk within the tract. ▪ Rocky Point Sewer Pump Station for the City of Palos Verdes Estates –Lead Construction Inspector for upgrading of a sewage pump station which included utility relocations in preparation for the work, construction of a new T -lock lined underground reinforced concrete emergency storage wet well with epoxy/polyurethane lined floor, construction of two new T -lock lined precast concrete manholes, bypass sewage pumping while the existing pump station was taken out of service, recoating of the existing wet well with an epoxy/polyurethane coating, new D.I. forcemain piping, gravity sewers, a new MCC, a new PLC, integration of the PLC with the Los Angeles County Department of Public Works (LACDPW), who maintains and operates the facility, as well as coordination and review of testing, startup and training activities with the City, Contractor and LACDPW. ▪ Partridge Lift Station and Thunderbird Sewer Project for the Garden Grove Sanitary District – Lead inspector for the construction of a duplex wet well sewer lift station and 700 LF of 8 -inch PVC gravity pipe, 400 LF of 4” PVC sewer forcemain pipe, a T -Lock lined 25’ deep x 8’ diameter precast concrete wet well, precast concrete mechanical valve vault, a new MCC and new PLC. The project also involved repaving of Partridge Street and the streets within the Thunderbird Mobile Home Park as well as conducting startup testing of the completed facility.
▪ WRF 3 Lift Station for the City of Corona - Construction Manager and Resident Engineer for the construction of a new wet well / dry well type 1,850 gpm peak flow sanitary sewer pumping station. This project included a groundwater dewatering system, steel beam and lag shoring system, 30 ft deep reinforced concrete dry well / wet well, three 800 gpm vertical chopper pumps, stand-by electrical power generator, stand-by suction lift diesel driven pump, diesel fuel storage tank, electrical and instrumentation systems. 168

JASON PILGRIM
Inspector

YEARS OF EXPERIENCE
27 years (1 with AKM)

REGISTRATION
State Water Resources
Control Board Operator Water
Distribution Operation Grade
D-2 (49789)

HIGHLIGHTS
Previous Manager of the
inspection group/consultants
for Irvine Ranch Water District
Expertise in water,
wastewater, and recycled
water construction
management and inspection
Expertise with coordination
with the State Water
Resources Control Board
Proficient in Oracle, CC&B,
Atlas, Maplett GIS
Budget analysis, RFI reviews,
submittal reviews, cost
breakdowns, and determining
extra cost legitimacy of
change order work
Mr. Pilgrim is a Construction Inspector with AKM Consulting Engineers, and has over 27 years of experience in the water, recycled water, and wastewater field. Previously, Jason worked for Irvine Ranch Water District where he was Assistant Manager for the Inspection Group. He has participated in the construction, inspection, implementation and management of numerous operational, rehabilitation, and capital improvement projects. Examples of work experience are as follows:
▪ Mercedes Lane and Ferrari Lane Sewer Project for the City of Ontario – Construction Inspector for the Mercedes Lane and Ferrari Lane Sewer Projects. Mercedes Lane work includes installation of a new diversion manhole on the existing 12-inch sewer, installation of new manholes and connection to existing sewer, installation of 6 -inch VCP sewer later al, removal of approximately 400 LF of 8 -inch VCP sewer, removal of existing manhole, and abandonment of approximately 115 feet of 8 -inch VCP sewer. Ferrari Lane work includes construction of a new diversion manhole, removal of approximately 650-feet of 8-inch VCP sewer, connecting to existing sewer systems, bypass sewer flows, traffic control, concrete and asphalt concrete pavement repair, and street restoration.
▪ Construction Inspection Assistant Manager for Irvine Ranch Water District – Construction Assistant Manager for the Inspection Group which consisted of 345 projects. Work included training, safety management, coordination meetings with staff, managing Union labor, coordination with HR including interviews/hiring of supervisors, ins pectors, and consultants, and performance reviews. Work also included coordination with Engineers in regards to plans, specifications, submittals, RFI’s, and change orders. During this time Jason was part of the Technical Specifications and Standard Drawing Committee.
▪ Construction Inspector Supervisor for Irvine Ranch Water District – Construction Inspector Supervisor for Capital Improvement Projects and developmental work. Work included monthly progress billings, review of submittals, plans, RFI’s and specifications, and schedules. Projects included sewer force mains, pump stations, se wer and water pipeline relining, steel transmission watermains, asphalt placement, material reviews, structural steel and concrete for footings, block walls, and interior work inspection. Pipeline sizes were between 12 -66” and varied in material types. Experience in coordination with multiple developers for multiple master planned community areas. Two main projects completed under this position were Zone B -C Recycled water pump station, and the Principal Aquifer Plant Optimization for PFOS treatment. ▪ Senior Construction Inspector for Irvine Ranch Water District – Senior Construction Inspector for projects including:
o IIC East Recycled Water Pump Station Rehabilitation – 24” magnetic flow meter, 5 new vertical turbine pump motors, full electrical and controls replacement, HVAC, ducting, fan replacement, mechanical piping inside of the pump station. Material inspections were provided.
o Newport Coast Lift Station Rehabilitation Project – CIPP relining of 12” SFM, 20 -foot+ deep stairwell with structural high PSI strength concrete, double mat #6 rebar reinforcement, new building, new dry well steel fabricated and coated pipe , 2800LF CIPP sewer forcemain, inspection of 4 manholes, 27 foot deep stairwell utilizing shoring plan with structural concrete and steel, special coatings and paint, and a new building consisting of chemical and electrical rooms.

Certifications: Federal Emergency Management Agency - FEMA IS-00700.b (Incident Management training); Trenching and Excavation Competent Person ; Confined Space ; Fall protection ; Water Industry Welding Safety ; PPE; Lock-Out-Tag-Out (L.O.T.O.) ; Hazard Communication ; Fire Extinguisher Safety; Compressed Gas Safety; Bloodborne Pathogens; Ladder; Respiratory Protection; Asbestos Awareness ; Hearing Conservation ; Low Voltage Electrical Safety ; General Office Ergonomics; Hydrogen Sulfide Safety; Electrical Safety; Crystalline Silica: Understanding the Hazards; Multiple Coronavirus training courses and certifications ; Cal-OSHA 10-hour Safety; Cal-OSHA title 8 3395 Heat Illness Prevention ; 1st Aid and CPR Certified ; Work Zone and Traffic Control ; Water Industry Sexual Harassment Awareness ; Water Industry Sexual Harassment for Supervisors ; Reasonable Suspicion of Drugs for Supervisors; Numerous Cybersecurity training certifications. 169
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BB&K 2020

Attachment B
Exhibit “B” – Schedule of Services
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Amendment
Number
Project Title Not to Exceed Fee

0.0 D&C22-019 On-Call Construction Management and Inspection Services
$600,000

1.0 UT 1067, 1070, 1077 – Laurel Avenue Sewer Main
Improvements, Nocta Street Sewer Main Improvements, and Nocta Street Private Sewer Lateral Improvements
$536,778
Grand Total $1,136,778
170
46700.00100\40935195.1
BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764 -4196, County of San Bernardino, State of California ("City") and Ardurra Group, Inc, a CORPORATION, with its principal place of business at 3737 Birch St, Suite 250 , Newport Beach CA 926 60 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional services for the OMUC Contract No. UT 1067, UT 1070, UT 1077 Laurel Avenue Sewer Main Improvements, Nocta Street Sewer Main Improvements, and Nocta Street Private Sewer Lateral Improvements Project project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Engineering PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
171
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BB&K (2024) -2- PROFESSIONAL SERVICES AGREEMENT

consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from March 4 th, 2025 to March 4th, 2027 , unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Eleven Thousand Two Hundred Seventy- Two Dollars ($111,272) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued
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BB&K (2024) -3- PROFESSIONAL SERVICES AGREEMENT

and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control.

Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Con sultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

3.3.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Dolores Salgado, PE.
173
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BB&K (2024) -4- PROFESSIONAL SERVICES AGREEMENT

3.3.5 City's Representative . The City hereby designates Dennis Mejia, PE, Utilities Engineering Manager , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative . Consultant hereby designates Dolores Salgado, Practice Director, (License No. C 067536), or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to 174
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BB&K (2024) -5- PROFESSIONAL SERVICES AGREEMENT

any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

3.3.9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

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

3.3.10.3 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities 175
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related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

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

3.3.11 Insurance.

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

3.3.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance 176
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requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $ 2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $ 2,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $ 2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability : (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non - payment of premium.
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(B) Automobile Liability : (1) Additional Insured: T he 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 Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1)
Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

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

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

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

3.3.11.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval . The certificates and endorsements for each insurance 178
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policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

3.3.11.9 Enforcement of Agreement Provisions (non estoppel) .

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

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations 179
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to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
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3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

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

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

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss 181
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or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7 .2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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

3.7.3 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: Ardurra Group, Inc.
3737 Birch St, Suite 250
Newport Beach, CA 92660
ATTN: Dolores Salgado
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Dennis Mejia, P.E., Utilities Engineering
Manager, OMUC
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

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

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
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3.7.4.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 184
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3.7.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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

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

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

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

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

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

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

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

3.7.13 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are 185
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for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

3.7.16 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE
186
46700.00100\40935195.1
BB&K (2024) -17- PROFESSIONAL SERVICES AGREEMENT

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ARDURRRA GROUP, 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 ARDURRA GROUP, 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
187
46700.00100\40935195.1

BB&K (2024) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "A"

SCOPE OF SERVICES
188

SCOPE OF SERVICES
Construction Engineering Services
for
OMUC Project No. UT1067
Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Sewer Service Improvements

Consultant’s proposal will be incorporated as part of the Professional Services Agreement, attached herein as Attachment “1”. Consultant will be responsible for providing Scope of Services for the OMUC Project No. UT1067 Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements

General Project Description:

The City of Ontario’s Municipal Utilities Company (OMUC) is implementing a sewer system capital improvements project on Laurel Avenue (Holt Boulevard to G Street), Allyn Avenue (Holt Boulevard to Nocta Street), Nocta Street, and private properties along Nocta Street (Allyn Avenue to 680 feet east in Nocta Street) to mitigate existing deficiencies in the sewer system in the area.

The work under this contract consists of installation of approximately 5,000 linear feet of 8-inch and 10- inch diameter VCP sewer mains; installation of approximately 942 linear feet of 6-inch diameter VCP private sewer laterals; installation of 4-inch and 6-inch VCP sewer lateral to reconnect existing laterals at buildings; installation of sewer manholes; installation of sewer cleanouts; connection to existing sewer manholes at various street intersections; connection to existing sewer main at various points in Nocta Street; implementation of traffic control during construction, pavement repair and street restoration as described in the Plans and Specifications for OMUC Project No. UT1067, UT1070, and UT1077.

The Contractor will furnish all transportation, materials, tools, time, equipment, labor, and supplies to complete the improvements, together with the appurtenant work necessary or incidental to complete, in a workmanlike manner, the improvements as contemplated and as intended by the Plans and these Technical Specifications.

All work will be performed during the day between the hours of 7:00 am to 4:00 pm.

The contract time for the Project is Three Hundred Thirty (330) calendar days.

The Project will close bids on December 12, 2024, and the Construction Contract is anticipated to be awarded during the City Council Meeting on February 18, 2025.

The project is a prevailing wage project.

Please retrieve the Plans and Specifications using the information below:

UT 1067_70_77 Sewer Main Improvements

189

1. GENERAL REQUIREMENTS:

1.1 Basic Services. Consultant agrees to perform all the necessary professional, engineering, and any other necessary engineering services mutually agreeable to the parties for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. “N/A”, NOT APPLICABLE.

1.3 Additional Services. “N/A”, NOT APPLICABLE.

1.4 Communication with City. Consultant will participate in consultations and conferences with authorized representatives of City and/or other local, regional, or State agencies concerned with the Project, which may be necessary for the completion of the Project or the development of documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences will continue throughout the planning and development of the Project. Consultant will take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any Construction Manager contracted by the City.

1.4.1 Bi-Weekly Project Check-ins. Consultant will participate in bi-weekly project conference call Microsoft Team meetings with the City, Construction Manager, Contractor, and other relevant parties.

1.4.2 Meeting Agendas and Minutes with Action Items. “N/A”, NOT APPLICABLE.

1.4.3 Monthly Billings. Invoices will include, at a minimum, budget for each task or sub-task, number of hours spent with hourly rate by labor classification during the month and cumulative total for the project for each task. In addition, the monthly invoices will identify indirect and other project related costs incurred during the month. Consultant will provide to the Project Manager one (1) electronic copy (smart pdf).

1.4.4 Monthly Billing Status Reports. A Monthly Billing Status Report will be submitted with the Monthly Billing Invoice, which includes: summary of work completed and review of work status relative to the budget. Any divergences between work completed and budget expended needs to be specifically explained.

1.4.5 Updated Project Schedule. “N/A”, NOT APPLICABLE.

1.4.6 Updated Project Budget. “N/A”, NOT APPLICABLE.

1.4.7 Pre-Construction Meeting: Consultant will attend the Project Pre-Construction meeting.

1.4.8 Decision Log: “N/A”, NOT APPLICABLE.

1.4.9 Format of Deliverables: Consultant will submit all original documents in one or more of the followings formats as directed to by the City: MS Word, MS Excel, MS Project, MS Power Point, PDF, AutoCAD, Arc GIS.

1.5 Coordination and Cooperation with Construction Manager. The City may contract out a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it will provide a copy of its agreement with the Construction Manager so that the Consultant 190
will be fully aware of the duties and responsibilities of the Construction Manager. The Consultant will cooperate with the Construction Manager and respond to any requests or directives authorized by the City to be made or given by the Construction Manager. The Consultant will request clarification from the City in writing if the Consultant should have any questions regarding the authority of the Construction Manager.

2. CONSTRUCTION ENGINEERING SERVICES:

Consultant is to provide construction engineering services during the Pre-Construction, Construction, and Post-Construction Phases for the OMUC Project No. UT 1067 Laurel Avenue Sewer Main Improvements, UT 1070 Nocta Street Sewer Main Improvements, and UT 1077 Nocta Street Sewer Service Improvements. Upon start of construction, City’s team will provide active construction management services. Consultant will provide support services for review of submittals, RFIs, change orders, claim mitigation efforts, and attend construction progress site meetings. Upon completion of construction activities, City’s team will forward one set of red-lined drawings to the Consultant to review and sign off on as Finalized As-Builts record drawings on mylar.

Construction Observation Services
City’s team will provide construction observation, inspection services on a full-time basis while the Contractor is engaged in construction activities to ensure that the construction proceeds in a safe manner, while strictly adhering to the contract requirements. City’s team will maintain daily record of field activities including progress photos and identify issues of concern. City will retain the services of a geotechnical firm to provide services such as compaction testing. Special attention will be given to the construction activities within Southern California Gas and Edison Transmission Lines. The City’s team will also ensure that the Contractor maintains redlines to document changes to accommodate deviations from the contract drawings and specifications. Upon completion of construction activities, the Contractor will provide City’s team with one set of red-lined record drawings. City’s team will forward one set of red-lined drawings to the Consultant to review and sign off on one full size set (24” X 36”) of As-Builts record drawings on bond paper.

Phase 2.1 Pre-Construction
Item 2.1.1 Pre-Construction Meeting
Consultant will attend a Pre-Construction meeting with the Contractor and all stakeholders including City staff and utility representatives. City’s Construction Management team will prepare a meeting agenda, facilitate the meeting, and prepare meeting minutes and distribution of minutes to all attendees.

Consultant will provide technical support to City addressing any questions arising from the pre- construction meeting.

Phase 2.2 Construction
Item 2.2.1 On-Site Construction Management and Inspection City’s Inspection and Construction Management team will provide observation and monitoring of the quality of the construction work.

Consultant will perform periodic site visits to monitor the progress, performance and assess any conflicts which may arise during the course of construction and will coordinate these visits with the City’s Construction Management team. It is estimated that up to ten (10) site visits may be required.

191
Item 2.2.3 Change Order Management
Consultant will assist City’s team with negotiating and coordinate the implementation of contract change orders during the construction process. City’s team will compile change order supporting documentation, such as inspection reports, test reports, drawings, sketches, photographs, and other materials as required.

Consultant will review and evaluate the appropriateness of all proposed change orders; advise City as to their effect on the contract time and cost; and perform independent estimates of the proposed change order work when necessary, as well as recommend approval or denial. Consultant should anticipate responding up to ten (10) change orders.

Item 2.2.4 Requests for Information (RFIs)
Consultant will provide timely RFI review, as requested by City’s team, which will include coordination with City’s team and Consultant will provide a clear and concise written response to City’s team. City’s Construction Manager will maintain the RFI log and records. Consultant should anticipate responding up to fifteen (15) RFIs.

Item 2.2.5 Submittal Management
City’s Construction Manager will coordinate submittal review with Consultant to ensure timely submittal review and acceptance including review of material and equipment submittals for compliance with contract documents. City’s Construction Manager will maintain the submittal log and records.

Consultant should anticipate responding up to fifty (50) submittals.

Item 2.2.6 Design Revisions
Consultant will coordinate with the Construction Manager and Contractor regarding any proposed design deviations from the original plans and specifications, requested either by the Contractor or the City, or as a result of Contractor’s pothole information. Consultant will issue revised plans as a result of any design revision. Consultant should anticipate responding up to five (5) event design changes.

Consultant shall prepare, at no additional expense to the City, all revisions to documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

Phase 2.3 Post Construction
Item 2.3.1 Final Inspection and Punch List
City’s team will compile a detailed “punch list” in coordination with Consultant. City will oversee the complete performance of all punch list items and final clean-up before the Contractor moves off-site.

Item 2.3.2 Coordinate Close-Out and Submittal of Final Documents City’s team will monitor the Contractor’s and subcontractor’s progress to finalize and submit all project records and documents. City will obtain all record drawings, contract required documents, lien releases and written warranties from the City’s Construction Manager.

Once OMUC’s Project Manager provides Consultant written approval of the record drawings and specifications, Consultant will forward to City the complete set of original as-built mylar drawings and specifications. The Consultant’s tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail. If the complexity of the changes is such that tracing does not produce clear and legible prints, the affected sheets shall be re-plotted, signed by the Engineer of Record, and reproduced on mylar.
192

Task 2.3.3 Final Payment
City’s team will evaluate Contractor’s final payment application. Consultant will assist City in resolving any outstanding matters and provide approval and recommendation for final payment. City will file a Notice of Completion with the County.

193

3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com

January 15, 2025

Mr. Jonathan Yang, Associate Engineer
Ontario Municipal Water Company
1425 S. Bon View Ave
Ontario, CA 91761

Subject: UT1067 Laurel Avenue Sewer Main Improvemen ts, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta St reet Sewer Service Improvements -
Proposal for Engineering Services During Constructi on

Dear Mr. Yang:

It is Ardurra’s pleasure to be working with you on this critical water project. Enclosed you will find our proposal for Engineering Services During Constructi on for the UT1067, UT1070 and UT1077 projects.

We added these statements to our assumptions:

1. The number of estimated submittals, RFIs, Change Order Requests, and meetings is based on the City’s Request for Proposal.

2. Ardurra will submit a proposal for City-initiated revisions.

Please feel free to contact me if you have questions or require additional information.

Sincerely,

Kaitlyn Leong, PE Dolores Salgado, P.E.

Project Manager Practice Director
669.259.3863 661.748.3893
[email protected] [email protected]

Enclosures:

1. Exhibit “A” Scope of Work

2. Exhibit “B” Fee Schedule

194
Mr. Yang
OMUC
January 15, 2025

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com

Exhibit “A” - Scope of Work

Ontario Municipal Utilities Company
UT1067 Laurel Avenue Sewer Main Improvements, UT107 0 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Sewer Service s
Engineering Services During Construction (ESDC)

Task 1 – General Requirements

Provide project management, administration, invoici ng, billing, monthly progress reports. This task shall also include communication, coordination and cooperation with the City’s staff and the City’s Construction Manager.

Task 2 – Construction Engineering Services

Attend construction progress site meetings and prov ide support services including technical review of submittals, RFIs, change orders, claim mitigation efforts, generation of support calculations, review of applicable standards, and presentation of accept able alternatives or solutions. Upon completion of construction activities, City’s team will forwar d one set of red-lined drawings to the Consultant t o review and sign/approve as Finalized digital As-Bui lts record drawings.

Task 2.1 – Pre-Construction

Attend preconstruction meeting and provide technica l support to City addressing any questions arising from the preconstruction meeting.

Task 2.2 – Construction

Attend periodic site visits to monitor the progress , performance and assess any conflicts which may arise during the course of construction a nd will coordinate these visits with the City’s Construction Management team. It is estimate d that up to ten (10) site visits may be required.

Task 2.3 – Change Order Management

Assist the City’s team with negotiating and coordinate the implementation of contract change orders during the construction process. City’s team will compile change order supporting documentation, such as inspection reports, test rep orts, drawings, sketches, photographs, and other materials as required. Consultant will re view and evaluate the appropriateness of all proposed change orders; advise City as to their effect on the contract time and cost; and perform independent estimates of the proposed change order work when necessary, as well as recommend approval or denial. Consultant should anticipate responding up to ten (10) change orders.

195
Mr. Yang
OMUC
January 15, 2025

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com

Task 2.4 – Requests for Information (RFI)

Review and respond to contractor’s Request for Information (RFIs) the duration of the project (assumed 15 total). Responses will be provided with in five (5) working days and in accordance with the Contract Documents.

Task 2.5 – Submittal Management

Review and respond to contractor’s submittals the duration of the project (assumed 50 total).

Ensure contractor submittals are in conformance wit h the Contract Documents. Document the status of submittals, received and correspondin g responses, via a Submittal Log and provide the City with an updated log the entire project duration.

Task 2.6 – Design Revisions

Prepare construction field order changes and design changes, as required during construction. Five (5) changes are assumed.

Task 3 – Post Construction

Task 3.1 – As-Built Record Drawings

Prepare record drawings per City’s standard process. Final drawings provided via PDF along with accompanying CAD files.

Assumptions

1. This scope assumes Ardurra will respond directly to the City or the City’s Construction Manager and not to the Contractor’s questions via email or phone.

2. The number of estimated submittals, RFIs, Change Order Requests, and meetings is based on the City’s provided scope of work.

3. Ardurra will submit a proposal (scope and fee) f or any City-initiated revisions beyond this scope.

4. Fee is based on time and materials, not to excee d amount.

196
EXHBIT "B" FEE SCHEDULE
Ontario Municipal Utilities Company (OMUC)
Engineering Services During Construction for
UT1067, UT1070, and UT1077 ESDC
2025 Rates 345$ 220 $ 165 $ 110 $ 273 $ 142 $ TASK 1 - General Requirements
Project Management, Invoicing/Billing, Progress Reports 4 24 12 7,980$ 7,980$
TASK 2 - Construction Engineering Services
Pre-Construction Meeting 4 1 500$ 1,545$
Construction Meetings (10 total) 10 10 2,000$ 5,850$ Field Site Visits (10 total) 40 2,000$ 10,800$ Change Order Management (10 total) 12 10 24 10 12,262$
Requests for Information (15 total) 15 30 2 15 10,926$
Submittal Reviews (50 total) 32 80 2 50 27,886$
Design Revisions (5 total) 2 20 40 2 10 13,656$
82,925$
TASK 3 - Post Construction
Record Drawings 12 40 9,240$
Additional Services As Needed 11,127$
20,367$
6 169 211 12 30 85
2,070$ 37,180 $ 34,815 $ 1,320 $ 8,190 $ 12,070 $ 4,500 $ 111,272$ TOTAL CONTRACT AMOUNT, T&M NTE 111,272$
Construction Engineering Services
General Requirements
Total Hours:

Total Project Cost:

Post Construction
Admin
Sr.

Construction
Manager
Document
Control
Labor Hours
Task Item
TOTALDirect CostsProject
Director
Project
Manager I
Project
Engineer II
197
46700.00100\40935195.1

BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "C"

SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Task Number Project Title Not to Exceed Fee

0.0 OMUC Contract No. UT 1067, UT 1070, UT 1077 Laurel Avenue Sewer Main Improvements, Nocta Street Sewer Main
Improvements, and Nocta Street Private Sewer Lateral
Improvements
$111,272

Grand Total $111,272

198
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 8

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
KLEINFELDER, INC.

1. Parties and Date.

This Amendment No. 8 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Kleinfelder, I nc., a California Corporation, “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “ On- Call Mater ial Testing & Geotechnical Engineering Services” da ted March 7, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term of the agreement to Marc 7, 2027 and increase the compensation by One Hundred Thirty-Five Thousand Six Hundred Fifty-Four Dollars ($135,654) for a total-not- to-
exceed compensation of One Million Six Hundred Ninety-One Thousand Two Hundred Six Dollars ($1,691,206) and include additional project specific proposal to the Exhibit A through
Exhibit B. This increase in compensation is for the additional scope of work listed in the attached Consultants’ Proposal titled “Geotechnical and Material Testing Services for the OMUC Project No. UT1067 Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements” and dated December 13, 2024
. The Parties have heretofore entered into
that Amendment No. 1 dated, April 4, 2023, Amendment No. 2 dated, May 2, 2023, Amendment No. 3 dated, May 2, 2023, Amendment No. 4 dated March 5, 2024, Amendment No. 5 dated, March 5, 2024, Amendment No. 6 dated, June 18, 2024, Amendment No. 7 dated, January 1, 202

5. 46700.00100\33287662.1 199

2.3 Amendment Authority . This Amendment No. 8 is authorized pursuant to Section

3.2.4 of the Agreement.

3. 3.1
Terms.

Amendment. Section 3.1.2 - Term and 3.2.1 - Compensation, Exhibit A through Exhibit B of the Agreement is hereby amended in its entirety to read as follows:

Section 3.1.2 Term The term of this Agreement shall be from February 7, 2023 to March 7, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Section 3.2.1 Compensation Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" and Exhibit “B ” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Six Hundred Ninety-One Thousand Two Hundred Six Dollars ($1,691,206) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibit “A” - SCOPE OF SERVICES is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

Exhibit “B” – SCHEDULE OF SERVICES is hereby deleted in its entirety and replaced with Attachment B attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 8, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8
.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 8.

3.4 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration . This Amendment represents the entirety of the 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 integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
46700.00100\33287662.1
BB&K 2020

Page 2 of 5 ends

46700.00100\33287662.1

Page 3 of 5 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 8 TO PROVIDE

ON-CALL MATERIAL TESTING AND GEOTECHNICAL ENGINEERING SERVICES

BETWEEN THE CITY OF ONTARIO
AND KLEINFELDER, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 8 as of the day and year first above written.

CITY OF ONTARIO KLEINFELDER, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
201
46700.00100\33287662.1

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BB&K 2020

Attachment A
Exhibit “A” - SCOPE OF SERVICES –
202

EXHIBIT A
Scope of Services
Geotechnical and Material Testing Services
for
OMUC Project No. UT1067
Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements General Project Description:

The City of Ontario’s Municipal Utilities Company (OMUC) is implementing a sewer system capital improvements project on Laurel Avenue (Holt Boulevard to G Str eet), Allyn Avenue (Hol t Boulevard to Nocta Street), Nocta Street, and private properties along Nocta Street (Allyn Avenue to 680 feet east in Nocta Street) to mitigate existing deficiencies in the sewer system in the area.

The work under this contract consists of installation of approximately 5,000 linear feet of 8-inch and 10- inch diameter VCP sewer mains; installation of approximately 942 linear feet of 6-inch diameter VCP private sewer laterals; installation of 4-inch and 6-inch VCP sewer lateral to reconnect existing laterals at bui
ldings; installation of sewer manholes; installation of sew e r cleanouts; connection to existing sewer manholes at various street intersections; connection to existing sewer main at various points in Nocta Street; implementation of traffic control during construction, pavement repair and street restoration as described in the Plans and Specifications for OMUC Project No. UT1067, UT1070, and UT1077.

The Contractor will furnish all transportation, materials, tools, time, equipment, labor and supplies to complete the improvements, together with the appurtenant work necessary or incidental to complete, in a workmanlike manner, the improvements as contemplated and as intended by the Plans and these Technical Specifications.

All work will be performed during the day between the hours of 7:00 am to 4:00 pm.

The contract time for the Project is Three Hundred Thirty (330) calendar days.

The Project will close bids on December 12, 2024, and the Construction Contract is anticipated to be awarded during the City Council Meeting on March 4, 2025.

The pr
oject is a prevailing wage project.

Please retrieve the Plans and Specifications using the information below:

UT 1067_70_77 Sewer Main Improvements
Exhibit A
203
Exhibit A
Applicable Standards
All activities will be performed in accordance with current Greenbook specifications, the special provisions provided herein, applicable statutes, regulations, and City policies. Consultant will obtain, at its expense, all applicable Manuals.

Geotechnical & Material Testing Services:

Item 1 – Pre-Construction Meeting
• The Consultant’s Project Manager and Project Specific Inspector will attend the pre-construction meeting.

Item 2 – Field Inspections & Testing
• Full-time/as-needed field observation and testing of compacted utility trench backfill. • Full-time/as-needed field observation and compaction testing during asphalt concrete placement. • Laboratory testing of soils, aggregate base, slurry, concrete and asphalt concrete. • Maintain a complete log of all field inspection and testing reports. • The consultant will maintain an active and professional relationship with the City’s Project Manager and Inspectors along with the City’s hired on Construction Management Consultant and Contractor.

Item 3 – Review Mix Designs
• Review all concrete/slurry mix designs.
• Review all asphalt concrete mix designs.

Item 4 – Project Punchlist/Close-out Report
• Provide a complete project close-out report. In the appendices’ section, please provide a chronological and complete log of all field inspections and testing reports for the project.

Item 5 – Any Miscellaneous Testing
• Consultant will add a 10% allowance for the City Project Manager to use for any unknown testing that may occur during the duration of the project.

Consultant shall have the ability to provide services and test results for tasks listed above within 24 -48 hours.

Please note that travel time will not be permitted for geotechnical and material testing services unless specifically authorized by the City. The Consultant should include travel time to and from project sites in its respective billing rates. All work is subject to prevailing wage rates as set by the State of California. All field work by the Consultant, including its subcontractor(s), shall be completed in accordance with the California Labor Code and is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No services shall be provided until Notice to Proceed has been issued. Once authorized to proceed, the Consultant shall diligently perform the duties in the approved Proposal. 204
OMUC Contract No. UT1067 Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Main Sewer Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements
1 MT230997.001P/ONT24175840
December 13, 2024
Jonathan Yang, EIT
Ontario Municipal Utilities Company
1425 S. Bon View Avenue
Ontario, CA 91761
Subject: Proposal to Provide Professional Geotechnical and Material Testing Services for the OMUC Project No. UT1067 Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements
Kleinfelder, Inc. (Kleinfelder) is pleased to submit this proposal to Ontario Municipal Utilities Company (OMUC) for the subject project. We offer OMUC the following benefits, detailed throughout our proposal:

Staffing Resources
The ability to perform on this contract is well within the Kleinfelder team’s capacity. Kleinfelder will support this project from our local office and full-service testing laboratory in Ontario, which is fully accredited . Project Manager Mr. Dany Hanna, PE, Lead Geotechnical/Materials Engineer Mr. Eric Noel, PE, GE, Lead Materials Testing Task Order Manager Mr. Anouar Kartite, PE, and Project Specific Lead Inspector Mr. Thomas Rebosky are fully available to OMUC throughout the project duration. Brief biographies and resumes are provided for these experts in Section 2 of this proposal.

Our Southern California operations include offices and/or laboratories in Ontario, Riverside, Laguna Hills, Cerritos, Los Angeles, and San Diego, with 340+ qualified engineers, geologists, managers, field, and administrative staff. Kleinfelder has enjoyed a solid working relationship with OMUC and the City since 2007. Under our previous and current contracts with OMUC and the City, we have successfully performed on-call materials testing and geotechnical engineering services for the past six years. Providing quality services on time and within scope and budget is Kleinfelder’s primary responsibility and commitment to OMUC. Additionally, Kleinfelder has successfully performed $100M+ in services similar to those required for this project for public agencies throughout Southern California.

Proposed Method to Accomplish the Work
Our proposed method to accomplish the work for this project derives from our 15+ years of experience working with OMUC and the City and our detailed review of the scope of services presented in the RF P, Exhibit A. Kleinfelder has successfully executed the scope of services for OMUC, the City, and other local public agencies. We are confident that our Kleinfelder team presented in this submittal can successfully deliver high quality, full service to OMUC through the methods, best practices, and technical and management approach presented in Section 3 of this proposal.

Fee Proposal, Other Information , and Certification of Proposal Kleinfelder has included our approved on-call contract rates for OMUC and the City in Section 4 of this proposal . We have also included our proven approach of completing similar projects on time and within allocated budget in Section 5 of this proposal. The proposal has been signed below by fully authorized representative Mr. Dany Hanna, PE below who is empowered with signature authority to bind the Kleinfelder team for this project with OMUC. Please contact the undersigned if you have any questions or require additional information.

Sincerely,
KLEINFELDER, INC.

Dany Hanna, PE
Project Manager & Principal-In-Charge
P | 909-657-1723
E | [email protected]
TRUSTED & SEASONED TEAM . Our Team has 15+ years of direct project experience working with the City of Ontario (City) and OMUC on municipal facilities, water infrastructure, and more. We have specifically staffed our team to include many of the same familiar Kleinfelder personnel that OMUC and the City ha ve worked with on previous projects . These individuals are ready to start work immediately with no learning curve.

LOCAL ONTARIO OFFICE & LABORATORY . Kleinfelder’s local Ontario office and accredited laboratory is located two miles from OMUC. Our local presence provides value to OMUC by being able to dispatch the appropriate staff within minutes of receiving requests, expedite testing turnaround times, eliminate travel time and mileage charges, and providing an elevated level of availability for emergency response.

LOCAL, QUALIFIED STAFFING RESOURCES . Kleinfelder has identified local, in-house personnel in Southern California for this project. These experts hold multiple professional registrations , certifications , and are cross trained to provide special inspection, materials testing , and geotechnical engineering services on virtually every type of construction project.

We also can draw upon Kleinfelder’s 3,000+ national resources from 100+ offices if needed.

TRACK RECORD OF PERFORMANCE. Our team has successfully completed numerous projects throughout Southern California for a variety of municipal clients including OMUC and the City on time and under budget. We will continue to work to protect OMUC’s interests, leveraging our trusted abilities in navigating and resolving on -site construction difficulties, issues, and challenges to keep OMUC’s projects on schedule and within budget. 205
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2. STAFFING RESOURCES
a. Firm Staffing and Key Personnel
Our team is comprised of knowledgeable, capable, and
experienced local professionals who are not only experts with this scope of work, but also have specific knowledge of OMUC standards and procedures. Our organization chart to the right provides a graphic illustration of the members of our project team, their roles and responsibilities, as well as how they will interact with each other.

Brief resumes for each of our key personnel are in the table below.

The table also includes their roles and responsibilities for this project. In addition to those specifically listed, Kleinfelder possess a deep bench of talented technical and professional staff to supplement the project team should the need arise.
b. Subcontractors/Subconsultants
Kleinfelder has the in-house capabilities to perform all the services requested in this RF P and thus will not require any
subcontractors/subconsultants.

DANY HANNA, PE | Project Manager, Principal-in-Charge, and Primary Point-of-Contact MBA, Finance; MS, Civil Engineering (Pavement); BS, Civil Engineering; PE-Civil, CA, No. 70996 Mr. Hanna has 23 years of experience as Principal In-Charge, Program Manager, Client Account Manager, and Quality Assurance Manager for multiple agency on-call contracts, including the City, OMUC, RCTD, County of Los Angeles, Caltrans, OCPW, City of Long Beach, and various Southern California agencies. He has a successful history of managing large public agency contracts with numerous task orders occurring simultaneously. Mr. Hanna will be responsible for managing resources to successfully deliver on this project; serve as the Point-of-Contact for OMUC to coordinate and facilitate communication; enforce adherence to the schedule and budget; and resolve any project-related issues.

ERIC NOEL, PE, GE | Lead Geotechnical/Materials Engineer MS, Geotechnical Engineering; BS, Civil Engineering; PE-Civil, CA, No. 53513; GE, CA, No. 2506 Mr. Noel has 3 3 years of management and technical experience for numerous on -call geotechnical and materials testing contracts, municipal agencies, and private industry, including management of various geotechnical projects throughout Southern California. His technical expertise includes analyses of shallow and deep foundations, compressible and expansive soils, surcharge fills, slope stability studies, deep excavations and shoring, and liquefaction potential. Mr. Noel has led several on-call contracts with numerous task orders for the City, OMUC, RCTD, City of Industry, County of LA, and various Southern California agencies. Mr. Noel will coordinate and supervise Kleinfelder’s engineering services; engineering analyses and review of as-built records; review of testing results; preparation of final reports; and internal technical reviews including quality efforts and final report reviews .

ANOUAR KARTITE, PE | Lead Materials Testing Task Order Manager MBA, Operations; BS, Civil Engineering; PE-Civil, CA, No. 70982 Mr. Kartite has 19 years of experience providing operational and management support for large -scale construction programs throughout Southern California. He is instrumental in providing task order management and QA/QC oversight for projects involving const ruction materials testing and special inspection services. He provides project field supervision, field and laboratory report reviews, and technical support to the project team. Mr. Kartite has led numerous task orders under several on- call contracts for t he City, OMUC, County of Los Angeles, and various Southern California agencies . Mr. Kartite will be responsible for the daily operation s and tasks associated with directing, reviewing, and monitoring work performed by Kleinfelder’s Inspectors and Testers on this project.

THOMAS REBOSKY | Project Specific Lead Inspector
Concrete Field Testing Technician, Grade I, ACI; Nuclear Gauge Operator; ICC Soils Special Inspector Mr. Rebosky has 26 years of experience performing sampling and testing soils, asphalt, and concrete. His experience includes performing observation, testing, documentation, and reporting on work performed by contractors involved in earthwork grading as well as foundations, pavement s, utility, and wall construction. As an ACI Concrete Field Technician, his duties include routinely sampling, testing, and making concrete test specimens on concrete placed for slabs -on-grade, pilasters, and other concrete structures. He regularly performs density/moisture tests of soils and pavement materials by use of nuclear density gauge. Mr. Rebosky has worked as a Project Specific Lead Inspector on 10+ projects for OMUC and the City over the past 5 years.
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3. PROPOSED METHOD TO ACCOMPLISH THE WORK
Project Understanding
We understand this project consists of the implementation a sewer system capital improvements project on Laurel Avenue (Holt Boulevard to G Street), Allyn Avenue (Holt Boulevard to Nocta Street), Nocta Street, and private properties along Nocta Street (Allyn Avenue to 680 feet east in Nocta Street) to mitigate existing deficiencies in the sewer system in the area. The work under this contract consists of installation of approximately 5,000 linear feet of 8-inch and 10-inch diameter VCP sewer mains; installation of approximately 942 linear feet of 6-inch diameter VCP private sewer laterals; installation of 4-inch and 6 -inch VCP sewer lateral to reconnect existing laterals at buildings; installation of sewer manholes; installation of sewer cle anouts; connection to existing sewer manholes at various street intersections; connection to existing sewer main at various points in Nocta St reet; implementation of traffic control during construction, pavement repair and street restoration as described in the Plans and S pecifications for OMUC Project No. UT1067, UT1070, and UT1077. Our services will consist of attending a pre -construction meeting, providing field inspections and testing during the construction phase, reviewing mix design submittals, preparing a project close -out report, and performing any miscellaneous testing requested by OMUC. The construction duration for the project is estimated to be 330 calendar days.

Kleinfelder’s team recognizes the challenges of working in an on-call, as -needed environment, and the importance of providing the just -in-time appropriate staff for the job. Kleinfelder has several proven approaches and systems in place to track staffing, availability , and help ensure the OMUC will receive exceptional services, the moment it is needed.

Technical & Management Approach
Kleinfelder’s success in managing this project will depend on our ability to provide oversight, direction, and regular communication with OMUC and to use the available project management (tracking and scheduling) tools to stay abreast of budgets and schedules. Kleinfelder’s Project Manager Mr. Dany Hanna will maintain regular contact with OMUC’s designated lead in order to anticipate potential needs for Kleinfelder’s services and to provide prompt execution of task assignments. Mr. Hanna will exercise contr ol of the project using the following mechanisms to maintain on -time performance of the job tasks and high quality of the deliverables.

Project Staffing. Our Project Manager will assemble a project -specific team with the responsibility to review the work plan, project plans, and specifications. These personnel will be introduced to OMUC’s staff at a kickoff meeting. A kickoff meeting or teleconference will be held initially between OMUC’s designated Project Manager and lead inspector, general contractor representatives, Kleinfelder’s Project Manager, and key professionals, as necessary. The purpose of this meeting is to verify that associated parties have a clear vision of the project goals, deliverables, and timelines required from the outset.

Work Plans. Kleinfelder’s Project Manager will develop a Work Plan that will define the goals and objectives of the project and a work breakdown structure (WBS) of subtasks will be developed based on the scope of services for the project. Using the WBS and project mi lestones, a schedule will be developed and if request ed, can be submitted to OMUC for review and comments .

Project Meetings and Technical Briefings. We anticipate the need to attend meetings and technical briefings with OMUC during the course of the project to discuss field conditions, testing programs, preliminary findings, and other issues as individual task assignments may warrant.

Minutes of internal team coordination meetings will be recorded and provided to OMUC when issues are identified that may impact the project milestones and budget.

Progress reports can be prepared monthly for submittal to OMUC and can also be communicated more frequently by telephone between the Kleinfelder and OMUC’s project managers. We anticipate submitting progress reports with our monthly invoices, if requested by OMUC. Monthly reports prepared for similar projects typically include a description of the work performed or completed during the invoice schedule, appropriate changes to the schedule, task budget expended, and task budget remaining.

Kleinfelder review s project progress on a weekly basis and will develop and implement corrective actions immediately upon identification of a scheduling conflict or delayed task/assignment. Adjusted scheduling information will be entered into the tracking software an d schedu le updates will be prepared.

Quality Control, Quality Assurance, Technical Expertise. An important aspect of Kleinfelder’s ability to provide reliable service is in our proactive quality control and quality assurance program. An in-house, well -established review process is employed for technical reports, design drawings/specifications, and bidding documents. A Senior Review Team is assigned to projects to review our work scope and project “…Kleinfelder’s in‐house materials
laboratory is a great resource to
perform various tests that cannot
be performed in the field materials
laboratory. Often, these test
services are requested with short
notice and are critical to the
progress of the Contra ct.

Kleinfelder has always performed
well under these circumstances.”
Edward Fitzgibbon,
Caltrans Senior Resident Engineer

PROJECT MANAGEMENT AND CONTROLS
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deliverables for conformance to project requirements, standards of practice, and client expectations. Our Senior Review Team will review technical adequacy and scope compliance of draft and final documents prior to submittal to OMUC, and materials testing reports will be signed off by a licensed Civil Engineer registered in the State of California, if requested by OMUC.

Management Tools. Kleinfelder uses information management systems to track weekly project labor and work element progress in terms of projected and actual costs. For budget control, Kleinfelder uses Deltek to track project budgets, and each Kleinfelder Project Manager has access to updates on the project budget and expenditure information from their personal
computers. A work breakdown structure is established, dividing projects into tasks that are allotted a budget. Project cost i nformation is updated weekly as timesheets are entered. Using this information, Kleinfelder’s Project Manager can assess the percent of budget expended on a particular task for comparison to the percent of actual work completed.

Proven Process to Deliver our Services
We understand that each project as well as OMUC’s needs and objectives are unique, therefore this six-step process only provides a basic framework and can be modified accordingly. We anticipate utilizing the following process to successfully deliver to OMUC on this project.

Step 1: Attendance of the Pre-Construction Meeting
Our Project Manager and Project Specific Lead Inspector will attend the pre-construction meeting and meet with the contractor and OMUC’s representatives to initialize the project expectations, construction phasing, schedule, and project requirements. Communication controls and expectations will be clearly outlined for future activities. The primary goal is to have a mutual understanding of OMUC’s expectations of Kleinfelder and the conduct of the construction activities. With a clear understanding of the expectations, unanticipated changes and surprises can be dramatically reduced. At this time, we will review project plans and specifications to evaluate the intended scope of services , prepare a work breakdown structure , and provide alternatives for consideration.

Step 2: Identification of Construction Schedule
The construction schedule will have a large impact on the requirements and duration of our services. It is important, both fr om a scheduling and accounting standpoint, to have an agreed -upon schedule and budget to follow and measure . These elements will help us to provide OMUC with progress benchmarks, both from a financial and construction viewpoint. Our Project Manager and Project Specific Lead Inspector will meet to thoroughly review the construction schedule and bring any questions or concerns to the at tention of OMUC’s staff.

Step 3: Review of Mix Designs & Submittals
Prior to the start of construction, our Project Manager will request copies of mix designs and submittals for the constructio n materials intended to be used on the project. A review of these mix designs and submittals will be performed against the applicab le Greenbook specifications as well as the project plans and specifications to determine compliance of the materials for their intended use on the project. A summary of findings letter will be drafted and signed by a licensed Civil Engineer registered in t he State of California and distributed to OMUC’s team. We anticipate providing mix design reviews for asphalt concrete and Portland cement concrete for this project.

Proactive
Communication
 Engage with OMUC and the project team during construction phases to understand the project and OMUC’s needs
 Establish lines of communication
Knowledge
 Utilize our Senior Review Team
 Apply knowledge and experience to assist the project team  Early notification of potential problems
Value
 Always focus on project schedule, budget, and quality  Anticipate issues and out-of-scope items to avoid delays and change orders
 Continuously improve processes
Our staff’s ability to observe multiple
aspects of a project from start to finish
will maintain continuity through the
construction process helping OMUC
demonstrate consistency in materials
testing and inspection.

Our depth of qualified resources
enables us to be highly responsive to
project needs and meet short-notice
construction schedules/deadlines
helping OMUC avoid delays or
claims.

Our in-house multi-certified testers
and inspectors will increase
efficiency and provide cost savings
for OMUC.

Our Health and Safety Manager and
inspectors will ensure compliance with
federal, state, and local safety
guidelines for our staff, thereby
minimizing the risks associated with
construction projects.
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Step 4: Field Inspections and Testing
We understand that the scheduling of testing, inspections, and providing results to OMUC’s team in a timely manner is essential. Once notified with a time and location where our Project Specific Lead Inspector will be required by the OMUC team, our centralized Kleinfelder dispatch team will schedule the Project Specific Lead Inspector for assignment. The inspector will become intimately familiar with the project documents and will maintain a complete log of field inspection and testing reports which will document records of time and work performed. They will review safety protocols and safe work practices for each activity and will participate in daily safety tailgate meetings prior to the start of work. Our inspector will maintain an active and professional relationship with OMUC’s Project Manager, Inspectors, Construction Management Consultant, and the Contractor.

Once on the jobsite, our multi -certified Project Specific Lead Inspector will check in with OMUC’s onsite representative and perform the following full time/as-needed field inspections and testing:

Subgrade and Aggregate Base – Utility Trench Backfill & Compaction Testing Our field personnel will verify that exposed subsurface conditions are as anticipated and that fill material is placed in lifts of suitable thickness, properly moisture -conditioned , and adequately compacted. We will provide as -requested observation and testing services for backfilling of excavations resulting from utility activities. Compaction testing will be performed in general accordance with the project plans and as recommended in the project geotechnical report. Field compaction testing will be performed using a nuclear density gauge and periodically by use of the sand cone metho d. Our Project Specific Lead Inspector will collect samples of the fill materials and deliver them to our laboratory for testing . All laboratory testing and field compaction testing will be performed in accordance with the project specifications under the direction of a Professional Engineer, licensed in the State of California.

Asphalt Density Testing & Batch Plant Inspection
Prior to placement of asphalt concrete , our Project Specific Lead Inspector will observe the asphalt tack coat placed to determine it has set sufficiently. During placement of asphalt concrete , our inspector will review batch tickets from each truck to confirm the proper mix is delivered, and will observe placement of the asphalt , obtain composite samples for laboratory testing, and monitor mix temperatures. After compaction efforts are completed, our inspector will perform density testing utilizing a nucle ar gauge in accordance with the appropriate test standard to assist the contractor in their determination of rolling patterns and to determine the in-place relative compaction of the asphalt pavement. Additionally, we will staff the project with an asphalt batch plant inspector periodically to monitor batching operations, monitor batch temperatures, check batch tickets, and perform asphalt, aggregate, and binder sampling. Our personnel will sample and deliver asphalt materials to our laboratory for the requ ired testing.

Portland Cement Concrete Sampling & Testing
During placement of fresh concrete, slump, temperature tests, and specimens will be cast by our Project Specific Lead Inspector for compressive strength testing in accordance with the project specifications and local jurisdiction requirements. Concrete specimens will be picked up and delivered to our local laboratory after the initial on -site curing period. Concrete batch tickets for concrete placed will be monitored during placement for mix co mpliance verification.

Daily Field Report Submittal
Daily field reports and test results will be logged and provided to OMUC’s onsite representative each day for review and signature and delivered to Kleinfelder’s Project Manager at least on a weekly basis, or daily when time -critical items are identified for immediate resolution. The daily field reports are reviewed for quality conformance with Kleinfelder’s written guidelines for field documentation. Our Project Specific Lead Inspector will maintain a list of non -compliance issues and track resolution of t hese items. In addition, our inspector will document and track re-inspection and re -testing daily, so that OMUC may back -charge the contractor for these additional costs, if desired.

Kleinfelder inspector performing sand
cone testing.

Placing HMA Overlay.

Sample daily field report.

Kleinfelder’s Ontario Laboratory
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Step 5: Laboratory Testing
100% of laboratory testing for this project will be performed in our fully accredited local Ontario laboratory, which is just minutes away from the project location. Laboratory testing and analysis will be performed by technicians certified for the test methods required. Our laboratory manager reviews the data and distributes a typed report with results of testing, indicating whether the material d id or did not meet the requirements of the project specifications. Laboratory test reports will be forwarded e lectronically to OMUC’s representative and designated team members within 24 hours of testing, and hard copies can be provided upon request. OMUC’s representative s and Kleinfelder’s Project Manager will be notified immediately if a sample fails to meet specifications so that an alternate plan may be implemented. Our local Ontario laboratory meets and exceeds the ASTM E -329 requirements for facility, personnel, equipment, quality system, procedures, management of records, and reporting. Our compliance with ASTM E -329 accreditation and license requirements is verified by the following local, state, and national agencies and organizations:

CERTIFYING AGENCY ACCREDITATION
Caltrans
City of Los Angeles
American Association of State Highway and Transportation Officials (AASHTO) US Army Corps of Engineers (USACE)
Department of Health Care Access and Information (HCAI) (Formerly OSHPD) Department of General Services (DGS)
Division of State Architect (DSA)
National Institute of Standards and Technology (NIST)
Metropolitan Transportation Agency (LA Metro)
Cement & Concrete Reference Laboratory (CCRL)
American Society for Testing and Materials (ASTM) E329
Step 6: Reporting and Project Punchlist/Close-out Report We will provide your onsite representative s and other designated team members with a copy of results, including:
• Daily field reports (daily)
• Daily test results performed in the field (daily)
• Project memos or clarification requests (as needed)
• Budget status reports (weekly or monthly)
• Any unusual or unanticipated activity or observations (as observed) Laboratory test reports will be forwarded electronically to OMUC’s representative and designated team members within 24 hours of testing. A complete project close -out report will be prepared for materials testing and inspection, summarizing the observations and testing made in the field and laboratory, and providing conclusions for suitability and recommendations. This project close -out report will include an appendices’ section which will be comprised of a complete log in chronological order documenting field inspection and testing reports for the duration of the project.
“Kleinfelder’s staff has continually demonstrated a commitment to high quality service, while maintaining a high standard of professionalism and ethics. Kleinfelder’s services are provided with a high degree of care and personal attention, with the o bjective of producing quality projects on -time and in a cost -effective manner. Kleinfelder’s deliver ables met the City’s high expectations for completeness and readability, which could not have been achieved without your staff’s hard work and sometimes long hours.” Gills Monroe, City of Long Beach
Chief Construction Inspector (retired)
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4. FEE PROPOSAL
Kleinfelder has reviewed the scope of services presented in the RFP, Exhibit A. Kleinfelder’s Fee Proposal below includes our contract approved hourly billing rates, a breakdown of components under each task, estimated fee, and project assumptions.

KLEINFELDER’S FEE PROPOSAL

CITY OF ONTARIO
Professional Geotechnical & Material Testing Services for OMUC Project No. UT1067 Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Sewer Main Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements
Description & Breakdown of Components
Number of
Hours/Units
Hourly Billing
Rates
Estimated Fee
ITEM 1: PRE-CONSTRUCTION MEETING
Project Manager Attendance at Pre-Construction Meeting 2 $200 $400 Project Specific Lead Inspector Attendance at Pre-Construction Meeting 2 $138 $276 Subtotal for Item 1 $676
ITEM 2: FIELD INSPECTIONS & TESTING
Onsite & Batch Plant Testing Services (Soil/Aggregate Base/Asphalt/Concrete) Sewer Main Backfill & Compaction - 54 Total Days @ 8 Hours Each Day 432 $138 $59,616 Sewer Lateral Backfill & Compaction - 8 Total Days @ 8 Hours Each Day 64 $138 $8,832 Asphalt & Aggregate Base (Includes Periodic Batch Plant) - 20 Total Days @ 8 Hours Each Day 160 $138 $22,080 Structural Concrete - 2 Total Days @ 8 Hours Each Day 16 $138 $2,208 Laboratory Testing Services (Soil/Aggregate Base/Asphalt/Concrete) Modified Proctor 7 $290 $2,030
Sand Equivalent 2 $180 $360
Sieve Analysis, Coarse & Fine 1 $200 $200
Resistance R-Value 1 $390 $390
Los Angeles Abrasion 1 $240 $240
Coarse Specific Gravity & Absorption 1 $100 $100
Hveem Stability, Without Compaction 8 $220 $1,760
AC Content by Ignition Oven 8 $190 $1,520
Gradation of Extracted Aggregate 8 $150 $1,200
Unit Weight, Hveem Method 8 $370 $2,960
Concrete Compression 10 $40 $400
Project Management/Administrative Services
Project Manager 60 $200 $12,000
Project Administrator 30 $135 $4,050
Subtotal for Item 2 $119,946
ITEM 3: REVIEW MIX DESIGNS
Review of Portland Cement Concrete Mix Design (assumed 1 mix used) 2 $200 $400 Review of Asphalt Concrete Mix Designs (assumed 2 mixes used) 4 $200 $800 Subtotal for Item 3 $1,200
ITEM 4: PROJECT PUNCHLIST/CLOSE-OUT REPORT
Preparation of Project Close-out Report (billed as a lump sum) 1 $1,500 $1,500 Subtotal for Item 4 $1,500
ITEM 5: MISCELLANEOUS TESTING
10% Allowance for the City Project Manager’s Use 1 10% $12,332 Subtotal for Item 5 $12,332
TOTAL ESTIMATED COST (ITEMS 1 - 5): $135,654

PROJECT ASSUMPTIONS

1. The contractor will backfill and compact approximately 100 LF of trench to finished grade per 8-hour shift.

2. Rates listed above assume that Prevailing Wage Laws apply to this project.

3. Kleinfelder is not assuming the role of Geotechnical Engineer of Record.

4. Technician rate includes nuclear density gauge and/or sand cone equipment.

5. Traffic control will be provided by the contractor.

6. Access to the site will be provided by the contractor.

7. Overtime services will not be required.

8. Batch plant inspections will be provided periodically for asphalt concrete placements.

9. Kleinfelder will provide services and test results for tasks listed above within 24 - 48 hours. 211
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5. OTHER INFORMATION
Completing Similar Projects on Time Within Allocated Budget Kleinfelder has a wealth of experience with public works projects and has a long, successful history of providing constructio n materials testing and inspection, and geotechnical engineering services on public works -related projects on an on -call basis. Over the past 35 years, more than half of Kleinfelder’s projects in Southern California have been completed for the public sector. Approximately 90 percent of current projects in our Ontario location are public works-related and performed directly for public agencies or through teaming partners.

Kleinfelder has recently or is currently providing direct relevant construction materials testing and inspection and geotechnical engineering services for governmental agencies in Southern California for the agencies noted below. Kleinfelder is a leader in managing and performing on-call materials testing and inspection, geotechnical engineering, and value-added services similar in anticipated project size and scope as this project. The following matrix demonstrates key personnel involvement and how Kleinfelder’s experience relates to the anticipated scope of work.

CONTRACT NAME & DURATION KEY PERSONNEL INVOLVEMENT SIMILAR SCOPE ELEMENTS City of Ontario, As-Needed Geotechnical
Engineering, Materials Testing, and Inspection
Services (2017 – Ongoing)
• Dany Hanna – Project Manager
• Mike Dorsch – Materials Testing TO Manager
• Eric Noel – Geotechnical/Materials Engineer
• Jeff Waller – Geotechnical Engineer
• Anouar Kartite – Materials Engineer
• Materials Testers: Thomas Rebosky, Eddie
Jabbour, Jeff Diaz, Mike Magana,
• Laboratory testing
• Materials testing
• Specialty inspection services
• Preliminary geotechnical investigations
• Review of project plans, specs, and submittals
• Geotechnical observations/testing, report prep
City of Industry, On-Call Geotechnical and
Environmental Engineering and Construction
Support Services (1991 – Ongoing)
• Eric Noel – Contract Manager
• Jeff Waller - Geotechnical Engineer
• Mike Dorsch – QA/QC Manager
• Mike Magana – Laboratory Supervisor
• Jeff Diaz – Task Order Lead
• Materials Testers: Thomas Rebosky, Eddie
Jabbour, Scott Morris, Julian Calderon
• Laboratory testing
• Materials testing
• Preliminary geotechnical investigations
• Review of project plans, specs, and submittals
• Geotechnical observations/testing, report prep
• Geotechnical engineering
County of Riverside Transportation
Department, On-Call Highway Geotechnical
Engineering, Materials Evaluation and Testing
Services
(2013 – Ongoing)
• Dany Hanna – Contract Manager
• Mike Dorsch – QA/QC Manager
• Geotechnical Engineers: Eric Noel and Jeff
Waller
• Materials Testers: Thomas Rebosky, Eddie
Jabbour, Jeff Diaz, Dominic Montemayor
• Materials testing
• Specialty inspection services
• Laboratory testing
• Review of project plans & specs
• Geotechnical engineering
• Review of contractor submittals
Orange County Public Works, On-Call
Construction Services Geotechnical
Engineering and Materials Testing Services
(2017 – Ongoing)
• Dany Hanna – Contract Manager
• Mike Dorsch – QA/QC Manager
• Geotechnical Engineer - Eric Noel
• TO Manager – Anouar Kartite
• Materials Testers: Dominic Montemayor, Jeff
Diaz, Mike Magana, Eddie Jabbour
• Materials testing
• Geotechnical engineering
• Laboratory testing
• Specialty inspection services
• Review of contractor submittals
County of Los Angeles, As-Needed Materials
Testing, Inspection, and Geotechnical
Engineering Services, Federally and Non-
Federally Funded Projects (2016 – Ongoing)
• Dany Hanna – Contract Manager
• Mike Dorsch – QA/QC Manager
• Anouar Kartite – Materials Engineer
• Eric Noel – Task Order Manager
• Jeff Waller - Geotechnical Engineer
• Inspectors/Technicians: Thomas Rebosky, Mike
Magana, Eddie Jabbour, and Jeff Diaz
• Materials testing
• Laboratory testing
• Specialty inspection services
• Geotechnical engineering
• Review of project plans & specs
• Review of contractor submittals
Experience Working with Public Agencies on Similar Projects Kleinfelder is a public works project specialist. We understand the critical role public agencies have in delivering on -time, on-budget and within scope. At Kleinfelder, we have the depth of resources and experience in geotechnical engineering, construction inspection, special inspection, and materials sampling and testing to provide you with the requested services for this project . Kleinfelder has the people, the experience, and the standardized procedures in place to provide OMUC with confidence that the requested services are being performed in a techni cally sound and cost-effective manner. We choose to provide our services to agencies, and rarely work with contractors, avoiding potential conflicts of interest d uring execution of our agency contracts. We are proud of our successful working relationships with these agencies, including:

LOCAL PUBLIC WORKS AND PUBLIC AGENCY CLIENTS
City of Ontario Ontario Municipal Utilities Company
Caltrans Districts 7, 8, 11, and 12 County of Riverside Transportation Department City of Industry Los Angeles County Sanitation District City of Long Beach Los Angeles County Metropolitan (Metro) City of Los Angeles Los Angeles Department of Water and Power City of Santa Ana Metropolitan Water District of Southern California County of Los Angeles Orange County Sanitation District County of Orange, Public Works Orange County Transportation Authority 212
OMUC Contract No. UT1067 Laurel Avenue Sewer Main Improvements, UT1070 Nocta Street Main Sewer Improvements, and UT1077 Nocta Street Private Sewer Lateral Improvements
9 MT230997.001P/ONT24175840
Proven Techniques, Processes, and Procedures to Deliver Projects on Time and Within Budget Kleinfelder prides itself on the ability to consistently deliver projects on time and within budget and scope. This is evident by the decades of repeat clients and “sole source” awards to Kleinfelder. In the table below, we have included commendations from several relevant contracts/projects.

Our project management system is designed to support this effort and ensure that the project stays on schedule and on budget. Our Project Manager, Mr. Hanna will keep OMUC informed of Kleinfelder’s costs and schedule, and Kleinfelder’s project management activities presented represent a systematic effort to plan and execute the work plan on time and within budget.

The key to our success in cost/schedule control is experience and knowledge in what it takes to do the job correctly. We have developed techniques, processes, and procedures that save our clients time and money while delivering high -quality, dependable services. By working efficiently, assigning the proper level of personnel, and closely monitoring schedule and costs throughout a project , we can deliver assignments on time and on budget.

We accomplish this by utilizing highly qualified and experienced personnel and an accounting system database to track project activity and compare actual percent completion against project plan. We utilize o ur previous experience during all phases of a project to foresee potential issues and work toward addressing them as early as possi ble. Furthermore, our accounting system operates in real-time, providing timely reporting of all project charges. Our monthly invoices are supported with detailed summaries o f project charges and provide budget summaries as needed.

Kleinfelder also utilizes our electronic project accounting system to continuously forecast and schedule staff resources for the project. This automates the procedure for monitoring project costs and allows for real -time feedback on project financial status for all team members and man agement. Each team member electronically enters his or her time worked on a project daily. The project manager reviews a weekly report listing project labor charges and costs to date. In this way, project costs are monitored weekly and compared to budget forecasts.

Recent Kleinfelder Commendations
The below table includes recent commendations for Kleinfelder’s services provided by multiple local agencies for similar on-call professional geotechnical and materials testing services contracts/projects.

By leveraging the financial and scheduling
capabilities of our accounting systems,
Kleinfelder’s managers effectively execute the
work on-time and within budget.

LISTING OF RELEVANT KLEINFELDER COMMENDATIONS
Contract, Services, and Client Commendation
Bridge Preventative Maintenance Plan (BPMP)
Design Project / City of Ontario / Tricia Espinoza,
Principal Engineer
“The City has been very satisfied with Kleinfelder’s performance on this contract and the level of support and expertise we have received.”
Materials Testing & Special Inspection Services /
UCSD / Terry Riggs, Principal Inspector – UCSD
Facilities Design & Construction
“Kleinfelder has performed excellently since arriving on the project…Kleinfelder has staffed the project with top notch certified special inspectors and field technicians…On a larger scale, Kleinfelder has the resources to accommodate the remote need of the project as well.” Northeast Interceptor Sewer Phase 2A Project / City
of Los Angeles / Patrick J. Schmidt “Exceptional performance while ensuring a high-quality product was delivered on schedule. We also appreciated the commitment, devotion, and professionalism of your entire team.” San Bernardino Justice Center / State of California,
Judicial Council of California (JCC), formally the
Administrative Office of the Courts (AOC) / Greg
Clark, Senior Construction Inspector
“Extend my sincere appreciation for the outstanding performance and professional service that you and the Kleinfelder staff from the field personnel, the lab personnel and the office staff…performed beyond expectation…your team has stepped up to meet the expectations of the Administrative Office of the Courts (AOC).”
On-Call Geotechnical and Materials Testing / City of
Long Beach, Mr. Gillis M. Monroe, Construction
Services, Officer
“Kleinfelder’s services are provided with a high degree of care and personal attention, with the objective of producing quality projects on time and in a cost-effective manner. Kleinfelder’s deliverables met the City’s high expectations for completeness and readability and could not have been achieved without your staff’s hard work and sometimes long hour…Special thanks are extended to…staff, particularly to Roger Khoudessian…for exceptional efforts, professionalism, and excellent team work on our projects.” On-Call Geotechnical Engineering and
Environmental Services / City of Los Angeles,
Michael Brown, Geotechnical Engineering Manager
“Throughout the duration of their contract with the Department of Public Works, Kleinfelder and its employees’ performance have been very professional and responsive. Kleinfelder has consistently provided high quality work with attention to detail and a high level of customer service.” On-Call Geotechnical Engineering and Materials
Testing Services / County of Los Angeles, Greg
Johnson, Supervising Engineering Geologist III
“Exceptional performance demonstrated in materials testing, field inspection, and consulting while under contract with the County. Kleinfelder’s staff has and continues to demonstrate an obligation to high quality services and professionalism. Kleinfelder’s engineering professionals have shown competent knowledge across a broad spectrum of projects that incorporated a wide variety of standard and specialty materials including, but not limited to, soil, base material, asphalt and concrete. Kleinfelder has continually produced a quality work product for LACDPW within established deadlines and in a cost-effective manner. Kleinfelder promptly responded to inquiries from the County utilizing sound judgment and Kleinfelder’s deliverables met the County’s standards for completeness and readability.” On-Call Construction Materials Sampling and
Testing Services, Caltrans District 11 / Caltrans,
Edward Fitzgibbon, Sr. Resident Engineer
“Kleinfelder’s in-house materials laboratory is a great resource to perform various tests that cannot be performed in the field materials laboratory. Often, these test services are requested with short notice and are critical to the progress of the contract. Kleinfelder has always performed well under these circumstances.” 213
46700.00100\33287662.1

Page 5 of 5 ends

BB&K 2020

Attachment B
Exhibit “B” – Schedule of Services
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Amend.

No.

Task
No.

Project Title Not to
Exceed Fee
- 0 On-Call Material Testing & Geotechnical
Engineering Services $18,440.00

1.0 1.0 UT 1617-02 Well Abandonment 11, 15 & 17,
& 26 $19,877

2.0 2.0 UT1053 - AMI Antenna Project - Phase 1 $28,237

3.0 3.0 Add $400,000 for a NTE of $466,554 $400,000

4.0 4.0 D&C22-012 City Hall Parking Structure $461,981.00

5.0 5.0 UT1016 Archibald Sewer Diversion Project $87,951.00

6.0 6.0
ENG SM2302/UT1069 Sultana Avenue Storm
Drain, Street and Sewer Improvements
Project
$334,756.00

7.0 7.0
D&C21-005 Grand Park Geotechnical
Observation, Materials Testing and Burrowing
Owl Survey Services
$204,310.00

8.0 8.0
UT 1067, 1070, 1077 – Laurel Avenue Sewer
Main Improvements, Nocta Street Sewer Main
Improvements, and Nocta Street Private
Sewer Lateral Improvements
$135,654.00
Grand Total $1,691,206.00
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Department: Police Department
Prepared By: Celeste Owens
Department:

Prepared By: Celeste Owens
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

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

APPROVAL OF ALLOCATION AND SPENDING PLAN FOR THE BUREAU OF JUSTICE

ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE PROGRAM FOR FISCAL YEAR 2024

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager to execute all documents to participate in the Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and approve the proposed $43,060 grant spending plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Upon approval and receipt of the grant award, a Grant Identiﬁcation Number will be established to record, monitor, and report to the ﬁnancial activities of this grant award. The total grant award is $43,060. This is a one-time allocation with no local matching funds requirement, and grant expenditures must be completed within the four-year grant period.

BACKGROUND & ANALYSIS:

The Bureau of Justice Assistance has announced the availability of grant funds through the Edward Byrne Memorial JAG Program. Ontario has participated in the JAG Program (formerly the Local Law Enforcement Block Grant) since 1997. Grant allocations are predetermined through a formula based on the population and crime statistics. Ontario has been allocated $43,060 for FY 2024-25. Based on current law enforcement operational needs, the Police Department proposes new or replacement rifles and slings. 215
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Department: Utilities
Prepared By: Joline Neal
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: 12
SUBJECT:

A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTERS 8B AND 8C OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATED TO WATER SERVICES AND RECYCLED WATER, AND ESTABLISHING CHAPTERS 8D AND 8E TO TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATED TO POTABLE WATER

FACILITIES AND CROSS-CONNECTION CONTROL

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That City Council introduce and waive further reading of an Ordinance (1) amending Chapter 8B of Title 6 of the Ontario Municipal Code related to water services; (2) amending Chapter 8C of Title 6 of the Ontario Municipal Code related to the protection and regulation of the City’s recycled water system; (3) adding Chapter 8D to Title 6 of the Ontario Municipal Code pertaining to the design, construction, monitoring, inspection, operation, and management of potable water facilities; and (4) adding Chapter 8E to Title 6 of the Ontario Municipal Code pertaining to protection of the City’s drinking water system from backﬂow and cross-connections.

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 not a direct ﬁscal impact associated with the adoption of this ordinance.

No changes to the schedule of fees and charges are being recommended.

BACKGROUND & ANALYSIS:

On December 19, 2023, the State Water Resources Control Board adopted its Cross-Connection Control Policy Handbook (“CCCPH”), required by Assembly Bills 1671 and 1180. This new regulation repeals previous Title 17 regulations on cross-connection control and backﬂow prevention. The CCCPH requires drinking water systems to review their cross-connection control programs and implement an enforceable plan to protect drinking water from contaminants or pollutants from related water user activities. Water systems must submit a Cross-Connection Control Plan to the Division of Drinking Water by July 1, 2025, detailing control measures the water system will use to protect drinking water.

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For clarity and transparency, a general reorganization and separation of salient existing and new items is proposed for approval. Chapter 8B of the Municipal Code generally includes account services, criteria for water service design, construction, operations, and management of potable water facilities. Chapter 8C establishes procedures, specifications, and limitations for expansion and continued development, operation of recycled water facilities and systems, and rules and regulations controlling the use of recycled water. The City owns and operates a potable water distribution system with over 40,000 service connections and responsibly delivers high-quality drinking water to over 185,000 Ontario residents. In tandem, the City owns and operates a recycled water distribution system containing over 50 miles of pipelines with over 550 service connections, which supports the City’s water conservation eﬀorts by oﬀsetting potable water use. Recycled water is not approved for drinking water consumption and is primarily used for agriculture purposes, landscape irrigation, and commercial and industrial activities.

Staﬀ and Legal reviewed Chapter 8B & 8C to determine if the current language meets the new state requirements and further reviewed language related to the design and construction of potable water facilities. Staﬀ and Legal have identiﬁed the following deﬁciencies in Chapter 8B & 8C in complying with the new State requirements:

The current language does not fully align with the new CCCPH requirements.

Additional enforceable control measures are needed to protect the City's drinking water system from cross-contamination, supported by administrative remedies.

Roles, responsibilities, and control measures for engineering design, construction, inspection, monitoring, operation, and maintenance need to be more clearly defined.

There is outdated terminology and City processes related to new service connections and the design and construction of potable water facilities

To align with new requirements, Staﬀ and Legal are proposing the addition of two new chapters to Title 6 of the Municipal Code:

Chapter 8D: Potable Water Facilities, deﬁnes the roles and responsibilities of applicants, developers, contractors, the City, and customers and provides standards and procedures for the design, construction, monitoring, inspection, and management of potable water facilities.

Chapter 8E: Cross-Connection Control, provides greater protection of the City’s drinking water system from contamination by water users. When recycled water systems are present alongside drinking water systems, the City must implement safeguards to prevent cross- contamination.

The changes will enhance legal compliance, incorporate new standards, and ensure uniform application across the City, while improving transparency and accessibility within the Municipal Code.

Proposed changes to Chapters 8B and 8C include:

Revision for clarification, consistency, and content organization purposes.

Definition of the customer responsibility for water use and determination of service charges. 241
Removal of language related to engineering design, construction, operations, and management of water service facilities to incorporate into the new Chapter 8D.

Removal of language related to water quality control and incorporate it into the new Chapter 8E.

Removal of Title 17 (repealed State regulations) language and incorporating new references to Chapter 8E and new State regulations (CCCPH).

Proposed enactment of Chapters 8D and 8E includes:

Chapter 8D: Potable Water Facilities:

Incorporation and update of language from Chapter 8B on the City’s current design and construction speciﬁcations and standards for potable water facilities to protect water quality.

Deﬁning current City processes, roles, and responsibilities for the City, applicant, developer, contractor, and customer.

Chapter 8E: Cross-Connection Control

Establishes a Cross-Connection Control Program, the need for the designation of a coordinator, and the City’s requirement to safeguard drinking water supplies from contaminants or pollutants from related water user activities.

Deﬁnes protection types, locations, and control measures for safeguarding drinking water.

Establishes the City’s right to inspect water user premises, evaluate hazards and contaminants used onsite, and require customers to correct deﬁciencies with protection needed to prevent contamination.

Establishes notiﬁcation and reporting procedures to test and install devices that protect the City’s drinking water system.

Establishes enforceable remedies for water users that violate the CCCPH and contaminate the City’s drinking water system.

Staﬀ recommends adoption of the proposed changes and enactment of Chapters 8D and 8E to the City’s Municipal Code.

ENVIRONMENTAL REVIEW:

The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council ﬁnds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment). 242
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AMENDING, REORGANIZING, AND RECODIFYING
CHAPTER 8B OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE

PERTAINING TO WATER SERVICES, AMENDING AND RECODIFYING
CHAPTER 8C OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE
PERTAINING TO RECYCLED WATER USE, ENACTING CHAPTER 8D
OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO
POTABLE WATER FACILITIES, AND ENACTING CHAPTER 8E OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO CROSS-

CONNECTION CONTROL AND FINDING THE ACTION EXEMPT FROM
CEQA.

WHEREAS, the City Council finds and declares safe and reliable drinking water is necessary for the City of Ontario’s (“City”) public health, fire protection, economic development, and the overall quality of life; and
WHEREAS, cross-connections and backflow between non-potable water and/or other liquids, gases, or other substances and the City’s potable water supply pose a threat to safety and reliability of its public water system; and WHEREAS, the State Water Resources Control Board (“State Water Board”) adopted its Cross-Connection Control Policy Handbook (“CCCPH”) pursuant to Assembly Bill 1671 and Assembly Bill 1180; and
WHEREAS, the CCCPH rendered previous backflow protection and cross- connection control standards inoperative and established new, enforceable standards applicable to the City’s public water system; and
WHEREAS, the CCCPH requires the City updates its cross-connection control program and develop a Cross-Connection Control Plan to ensure the protection of the City’s potable water supply against actual or potential cross-connections and backflow events; and
WHEREAS, this Ordinance is one legal authority that enables the City to meet CCCPH standards and implement its Cross-Connection Plan; and WHEREAS, the City hereby determines it necessary to enact its cross-connection control program, as set forth in Chapter 8E of Title 6 of the Municipal Code; and WHEREAS, City hereby determines it necessary to amend and recodify the rules and regulations for its recycled water service, as set forth in Chapter 8C of Title 6 of the Municipal Code, in order to amend cross-connection provisions to be consistent with the CCCPH and the City’s cross-connection program; and
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WHEREAS, the City has determined that its existing water ordinance, as set forth in Chapter 8B of Title 6 of the Municipal Code, requires amendment, reorganization, and recodification to consolidate and clarify the rights and responsibilities of the City, applicants, contractors, customers, developers, and property owners concerning water services and potable water facilities.

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

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

SECTION 2. Chapter 8B, of Title 6 of the Municipal Code is hereby amended, reorganized, and recodified to read as set forth in Exhibit A attached hereto (new language in underline and deleted language in strikethrough) and by this reference made an operative part of this Ordinance.

SECTION 3. Chapter 8C, of Title 6 of the Municipal Code is hereby amended, reorganized, and recodified to read as set forth in Exhibit B attached hereto (new language in underline and deleted language in strikethrough) and by this reference made an operative part of this Ordinance.

SECTION 4. Chapter 8D, of Title 6 of the Municipal Code is hereby enacted to read as set forth in Exhibit C attached hereto and by this reference made an operative part of this Ordinance.

SECTION 5. Chapter 8E, of Title 6 of the Municipal Code is hereby enacted to read as set forth in Exhibit D attached hereto and by this reference made an operative part of this Ordinance.

SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 7. This Ordinance shall become effective immediately after its adoption by the City Council.

SECTION 8. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under 244
CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 9. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
245

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
246

EXHIBIT A

CHAPTER 8B: WATER SERVICES

6-8.45 Definitions
6-8.46 Rules and regulations
6-8.47 Tampering
6-8.48 Service connections outside city
6-8.49 Collection and payment
6-8.50 Disabled person's and senior citizen's discount 6-8.51 Service fees and charges
6-8.52 Water service connection
6-8.53 Reserved
6-8.54 Reserved
6-8.55 Water meters
6-8.56 Fire hydrants
6-8.57 Reserved
6-8.58 Reserved
6-8.59 Reserved
6-8.60 Emergency water regulations
6-8.61 Violations

Sec. 6-8.45. Definitions.

For the purposes of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.

(a) “City” means the City of Ontario, California.

(b) “City Council” means the City Council of the City of Ontario, California.

(d) “Construction water” means the water, potable or recycled, used in conjunction with the building of a structure from conception to transfer of ownership, excluding landscape irrigation, or the water used for soil consolidation, dust control, and the like, during grading operations.

(e) “Cost” means the monetary value of labor, material, material transportation, supervision, engineering, administration, and other necessary overhead expenses.

(f) “Customer” means a person, firm, or corporation who is the recipient of water service from the City.

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(g) “ Developer” means a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers.

(h) “ Municipal Utilities Company” means the Municipal Utilities Company of the City of Ontario.

(i) "Service" or "water service" means the furnishing of water to a customer.

(j) “ Service connection” shall mean the water pipe, or pipes, and appurtenances installed by a developer to transport potable water from adjoining City facilities located within a public right-of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City.

(k) “ Utilities Customer Services Department” means the Utilities Customer Services Department of the Municipal Utilities Company.

(l) “ Utilities Customer Services Director” means the Director of the Utilities Customer Services Department of the Municipal Utilities Company, or his or her authorized representative.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 2, Ord. 2914, eff. January 1, 2010, and § 2, Ord. 2946, eff. January 6, 2012, § 3, Ord. 3251, eff. July 20, 2023, § 2 Ord. XXX, eff. April XX, 2025)

Sec. 6-8.46. Rules and regulations.

Rules and regulations explaining the procedures and methods of the Municipal Utilities Company in carrying out the provisions of this chapter shall be set forth and may be amended in the manner described in § 1-1.09 of this Code.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 3, Ord. 2946, eff. January 6, 2012, § 1, Ord. 3153, eff. January 21, 2020)

Sec. 6-8.47. Tampering.

No person except an employee or representative of the City shall at any time and in any manner operate the curb stops or valves or the main gates or valves of the City's water system, or interfere with meters or their connections, street mains, or other parts or facilities of the water system.

(§ 6, Ord. 2785, eff. November 16, 2003)

Sec. 6-8.48. Service connections outside city.

No additional customers outside the City shall be served or connected to the water system of the City, and no additional dwellings or customers shall be connected to existing service connections outside the City; provided, however, the City Council may 248

by motion approve water service outside the City where the owners of land have signed a covenant running with the land that the land shall be annexed whenever possible, and the City Council finds that such annexation would be in the public interest, and the annexation might reasonably be completed within the foreseeable future. The City Council may, however, provide otherwise by written agreement with any city, county, or other governmental agency.

(§ 6, Ord. 2785, eff. November 16, 2003)

Sec. 6-8.49. Collection and payment.

(a) Unified billing system. The City may use a unified billing system for City- furnished services. The charges for water, refuse, storm water abatement, and wastewater services may be billed on the water bill and collected as one (1) item.

Failure to pay the amount due in full for any of the services may result in the discontinuation of water services as provided below.

(b) Utility bill payment. Utility bills shall be due and payable to the Utilities Customer Services Department on the bill date to the customer of record. Any utility bill remaining unpaid eighteen (18) business days after such bill date shall be deemed past due and a late charge and penalties will be applied as set forth in §§ 1-2.06 and 1-2.07 of the Ontario Municipal Code. Should a residential account remain unpaid for a period of sixty (60) calendar days from the past due date, water service to the property may be disconnected for nonpayment after the City provides notice pursuant to the City’s administrative policy on discontinuation of residential water service, described in paragraph (c) below. Should a non-residential account remain unpaid from thirty (30) calendar days from the past due date, water service to the property may be disconnected for non-payment after mailed notice to the customer of record at least ten (10) calendar days prior to termination.

Residential water customers may contest or appeal a bill in the manner described in the City’s adopted policy for discontinuation of residential water service.

Non-residential customers may contest or appeal a bill using the same dispute and appeal procedures described in the policy for discontinuation of residential water service.

(c) Disconnection of Residential Water Service. The City Manager may adopt and amend a written administrative policy on discontinuation of residential water service for nonpayment pursuant to Section 6-8.46, and such policy shall be available on the City's website. Such policy may include, but may not be limited to, supplementary provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the City under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control. Except as expressly provided in this section or the policy, the policy shall not apply to non- residential customers.

249

(d) Water turn on/off. Once terminated, service shall not be turned on again except upon payment of all amounts due on the utility account, including all late charges and penalties, and the cost of making a service call to turn the water off and/or on. The fee to cover the cost of making a service call to turn the water off and/or on shall be set forth in an ordinance adopted by the City Council. Residential customers who demonstrate a household income below 200 percent of the federal poverty line may be eligible for reduced turn-on fees pursuant to applicable law and as further described in the City's policy on discontinuation of residential water service.

(e) Customer liability. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the City, and is subject to the provisions set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code.

(f) Special bill rate. Special bills, split bills, any other irregular bills, or bills covering irregular billing periods, shall be calculated by the Municipal Utilities Company; provided, however, the adjusted rate so made shall be reasonable in accordance with the rate schedule set forth in this section.

(g) Determination of minimum charges. For the purpose of determining minimum charges as set forth in this section, each separate meter connected to the water system shall be charged on individual readiness-to-serve meter fee and commodity charge.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 4, Ord. 2946, eff. January 6, 2012; § 3, Ord. 3251, eff. July 20, 2023)

Sec. 6-8.50. Disabled person's and Senior Citizen's discount.

(a) Disabled person defined. A “disabled person” for the purposes of this section is an adult who has a mental or physical disability that, in the opinion of a licensed physician, renders him or her incapable of being gainfully employed.

(b) Eligible household. An eligible household for the purpose of this section is a separately billed dwelling unit, which is (1) occupied by a person age sixty-five (65) or older, or by a disabled person, and (2) has annual gross household income at or below 200% of federal poverty level. The City may establish detailed qualifications and requirements for demonstrating annual gross household income in a written administrative policy adopted pursuant to Section 6-8.46.

(c) Applications. Applications for an eligible household discount shall be submitted in writing to the Utilities Customer Services Director. The application shall be on a form provided by the Utilities Customer Services Director, shall be completed to show the information elicited by the form and shall be signed under penalty of perjury by the applicant. When the discount is sought based upon a disabled person, the application shall be accompanied by a physicians certificate stating that the person is a disabled person within the meaning of subsection (a) of this section. The Utilities Customer Services Director shall determine whether a household is an eligible household for the purpose of this section and his or her determination shall be final.

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(d) Discount. The charges for water, refuse and wastewater service provided to an eligible household, shall be discounted by an amount approved by the City Council pursuant to an ordinance or resolution. The discount shall be available only to customers with individually metered residential water service. The discount shall be in effect for a one (1) year period, which shall begin as determined by the City Council (e.g. upon approval of an individual application, upon the start of the following fiscal year, etc.). To renew the discount for an additional year, the customer must complete and return a renewal application to the City’s Utilities Customer Services Department. A renewal notice shall be mailed to the Customer with the utilities bill at or before the end of each year of eligibility. The discount offered under this subsection is subject to City Council approval through the annual budget process and the availability of funds allocated to fund the discount.

(e) Termination of eligibility. A household shall no longer be an eligible household if the Utilities Customer Services Department does not receive a renewal application, if any of the eligibility criteria set forth in subsection (b) above cease to exist, or if funds to provide the discount are unavailable pursuant to subsection (d).

(§ 6, Ord. 2785, eff. November 16, 2003; § 5, Ord. 3251, eff. July 20, 2023)

Sec. 6-8.51. Service fees and charges.

(a) Residential, non-residential, and private fire service water fees and charges. In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other water service fee or charge is provided, and which parcel of property is connected to the water system of the City, shall pay monthly water service fees and charges as established from time to time by resolution of the City Council.

(b) Turning water supply on and off. No charge shall be made for shutting off and turning on water supply when requested by the customer for the closing of an old account or the beginning of a new one. When service has been discontinued due to non-payment of utility bills or for any infraction of the rules, the charges to restore water service shall be as listed above. The customer shall pay these charges, plus the amount of any outstanding bills, before service can be restored.

(d) Temporary service connection. Temporary service connections shall be subject to the fees and deposits as established from time to time by resolution of the City Council. All water delivered through a temporary service connection shall be metered and charged.

(e) Water meter testing fee. Water meter testing fee shall be based on the actual costs of removal, testing and reinstallation of the meter.

(f) Reserved.

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(g) Other water service work. This charge is based on actual time, travel and material cost based on the City’s burden of labor and overhead rates in effect at the time service is provided.

(h) Outside City services. For water furnished to any customer outside the City limits, the rates shall be double the rates charged inside the City. The City Council may, however, provide otherwise by written agreement with any city, county, or other governmental agency.

(i) Charges for agricultural use. Charges for usage of recycled water for agricultural service, where the agricultural use provides assignment of water production rights to the City, shall be determined by the Utilities General Manager; provided, however, such charges will be consistent with the most recent rate study and current rates charged by the Chino Basin Watermaster for replenishment assessments.

(j) Charges for unmetered service. Unmetered usage of water and charges for unmetered usage of water shall be authorized by the Utilities General Manager prior to such usage; provided, however, such charges shall be reasonably in accordance with the charges established by resolution adopted by the City Council.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 5, Ord. 2806, eff. January 21, 2005, §§ 4, 5, 6 and 7, Ord. 2816, eff. December 1, 2005, § 2, Ord. 2880, eff.

February 4, 2008, § 3, Ord. 2914, eff. January 1, 2010, § 2, Ord. 2974, eff. December 19, 2013, § 5, Ord. 3133, eff. July 5, 2019, § 2 Ord. XXX, eff. April XX, 2025)

Sec. 6-8.52. Water service .

(a) Application for water service. Before water is turned on by the City for any purpose, the customer shall apply for new service, at least one (1) business day before desired date of service, in which he or she guarantees payment of future utility bills for the service requested. The customer applying for service shall be held responsible for said utility bills until the service is discontinued on the next business day after the City is notified to discontinue service. When such notice is not received by the City, the customer shall be required to pay for service until one (1) business day after the City has knowledge that the customer has vacated the premises or otherwise discontinued service. No tenant applying for residential utility services shall be required to pay any charges or penalties on account of non-payment of charges by a previous tenant. The City may require that tenants seeking to establish service provide a written lease or rental agreement along with signed authorization from the landlord or property owner to ensure that the tenant is authorized to occupy the property and initiate utility services; provided, however, that the City will not require that service to tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement in writing by completing a consent form provided by the City.

The City shall require an applicant for utility services or restoration of services after turn- off for a delinquent bill to make an advance payment equal to twice the estimated monthly bill for water, refuse and wastewater services, provided that no such advance payment shall be less than eighty dollars ($80.00).

(b) Water used without application. A customer taking possession of premises and using water from an active service connection without having applied for utility 252

services shall be held liable for the water delivered from the date of the last recorded meter reading. If the meter is found inoperative, then the quantity consumed shall be estimated. If proper application for utility services is not made upon notification to do so by the City, and if accumulated bills for services are not paid immediately, the services may be discontinued without further notice.

(c) New service connection. For new, improved or expanded service connection, the customer shall submit an application in accordance with section 6-8.809 and 6-8.810 of Chapter 8D of Title 6 of the Ontario Municipal Code.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by §§ 8 and 9, Ord. 2816, eff.

December 1, 2005, § 5, Ord. 2946, eff. January 6, 2012, § 3, Ord. 2974, eff. December 19, 2013, § 2, Ord. 3039, eff. April 3, 2016; § 6, Ord. 3251, eff. July 20, 2023, § 2 Ord.

XXX, eff. April XX, 2025)

Sec. 6-8.53 Reserved.

Sec. 6-8.54 Reserved.

Sec. 6-8.55. Water meters.

(a) Accuracy of meter questioned by consumer. When the consumer questions the accuracy of the water meter, the City Manager shall, upon request and payment of the water meter testing fee, cause an official test to be made. Meters are tested by certified testers contracted by the City. The meter shall be tested on variable rates of delivery and, if the average registration is more than three percent (3%) in excess of the actual quantity of water passing through the meter, another meter shall be substituted therefor. The City Manager shall refund to the consumer, in addition to the meter testing fee charged at the rate shown in § 6-8.51(d)(6), the overcharge based upon the reading and billing for the current period preceding the test, unless it can be shown that the error was due to some cause for which the date can be fixed. In the latter case, the overcharge shall be computed back to and not beyond such time.

(b) Non-registering meters. The City may bill the customer for water consumed while the meter was non-registering, but not to exceed a period of two (2) months, at the minimum monthly meter rate, or upon an estimate of the consumption based upon the customer’s prior use during the same season of the year, if conditions were similar, or upon an estimate based upon reasonable comparison with the use of other customers during the same period receiving the same class of service under similar circumstances and conditions.

(c) Meter errors. When it is found that error in a meter is due to some cause, the date of which can be fixed, the overcharge or the undercharge shall be computed back to but not beyond such date, not to exceed the current statute of limitations law.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 7, Ord. 2946, eff. January 6, 2012)

Sec. 6-8.56. Fire hydrants.

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(a) Purpose of fire hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires, and are to be opened and used only by the Fire Department and Municipal Utilities Company, or such other persons as are specifically authorized by the Municipal Utilities Company. To insure safety of fire hydrants for fire protection, any person or persons authorized by the Municipal Utilities Company to open fire hydrants shall be required to use only an approved spanner wrench, and to replace the caps on outlets when the same are not in use. Failure to meet this requirement shall be sufficient cause to prohibit further use of the hydrants, and the refusal of subsequent authorization for use of the fire hydrants. Damage caused by the failure to comply with the above shall be repaired at the expense of the person(s) authorized.

(b) Unlawful to take water without permit. It is unlawful for any person to take any water from any fire hydrant without a written permit, furnished upon application to the Municipal Utilities Company. Said application shall include a monthly permit fee and deposit equal to the replacement value of meter and backflow valve. Any person taking water from a hydrant without a permit shall be assumed to have taken water in the value of at least One Thousand Dollars ($1,000.00) and shall be charged for said amount.

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 8, Ord. 2946, eff. January 6, 2012)

Sec. 6-8.57 Reserved.

Sec. 6-8.58 Reserved.

Sec. 6-8.59 Reserved.

Sec. 6-8.60. Emergency water regulations.

(a) Unplanned interruption of water supply. In the event of an unplanned interruption of water supply causing a water shortage, the City Manager or his or her designee is authorized to restrict water use and apportion the available supply of water among its customers in the most equitable manner possible to continue service fairly and without discrimination, except that preference shall be given to such service as is essential to the public interest and to the preservation of life and health pursuant to § 6-

8.22(b).

(b) Notice of water shortage. A notice of a water shortage shall be published in a daily newspaper of general circulation within the City. Any restrictions on the use of water shall become effective immediately upon such publication pursuant to § 6-8.22(c).

(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 10, Ord. 2946, eff. January 6, 2012)

Sec. 6-8.61. Violations.

It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to Chapter 2 of Title 1 of the Municipal Code.

(§ 6, Ord. 2785, eff. November 16, 2003)
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EXHIBIT B
CHAPTER 8C: RECYCLED WATER USE
Article 1: General Provisions
6-8.701 Authority
6-8.702 Purpose
6-8.703 Goals
6-8.704 Policy
6-8.705 Priority
6-8.706 Administrator
6-8.707 Other applicable rules and codes
6-8.708 Severability

Article 2: Definitions
6-8.709 Definitions

Article 3: Area Served
6-8.710 Service area

Article 4: General Requirements
6-8.711 Determination of recycled water use area
6-8.712 Authorized uses
6-8.713 Conditions of service
6-8.714 Recycled water service application
6-8.715 Recycled water use agreement
6-8.716 Rates, fees, charges and deposits
6-8.717 Construction water service
6-8.718 Size, location and installation of service line 6-8.719 Service connection limitations
6-8.720 Service pressure
6-8.721 Relocation of recycled water service lines

Article 5: Protective Measures
6-8.722 Cross-connections
6-8.723 Other measures
6-8.724 Emergency connection to the recycled water system to the potable water system

Article 6: Facilities Design and Construction
6-8.725 Facilities design
6-8.726 Offsite recycled water facilities
6-8.727 Onsite recycled water facilities
6-8.728 Construction

Article 7: Facilities Operation
6-8.729 Offsite facilities
6-8.730 Onsite facilities
6-8.731 Monitoring and inspection
6-8.732 Maintenance responsibility
255
6-8.733 Meter testing

Article 8: Enforcement
6-8.734 Illegal connections, diversions, or tampering 6-8.735 Violations and enforcement
Article 1: General Provisions
Sec. 6-8.701. Authority.

Recycled water use is regulated by the California State Water Resources Control Board (State Board) and the Regional Water Quality Control Board, Santa Ana Region (RWQCB). In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires control mechanisms to regulate facilities distributing recycled water. The California Legislature has established a state policy encouraging the use of recycled water (California Water Code, Section 13510). Permission to use recycled water is based on Inland Empire Utilities Agency's ability to treat domestic wastewater in accordance with the Uniform Statewide Recycling Criteria under Title 22, Division 4, Chapter 3 of the California Code of Regulations. These regulations were adopted to ensure proper health protection and specify the treatment degree to meet the needs of the intended applications.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.702. Purpose.

The purpose of this chapter is to establish procedures, specifications, and limitations for the safe use and operation of recycled water facilities and systems within the City's service area, and adopt rules and regulations controlling such use and operation. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.703. Goals.

The goals of this chapter are as follows:
(a) Achieve conservation of potable water supplies by using recycled water for current and future demands. Recycled water uses may include:
(1) Agricultural irrigation.
(2) Commercial uses (including flushing toilets and urinals). (3) Construction use.
(4) Industrial processes.
(5) Landscape irrigation.
(6) Landscape and/or recreational impoundments.
(7) Wildlife habitat.
(8) Groundwater recharge, as approved by the State Board and RWQCB. 256
(b) Maintain recycled water quality through a stringent pretreatment program for industrial wastewater.
(c) Prevent direct human consumption of recycled water through:
(1) Adherence to all applicable rules and regulations. (2) Posting of warning signs by the user.
(3) Cross-connection/backflow prevention program.
(d) Control runoff of recycled water through monitoring of the installation and operation of all recycled water facilities and use areas. (e) Monitor recycled water quality.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.704. Policy.
(a) It is the policy of the City that recycled water be used for any and all purposes approved by state regulations for recycled water use. Recycled water shall be the primary source of supply for commercial and industrial uses, whenever available and/or feasible. Use of potable water for commercial and industrial uses shall be contrary to City policy, shall not be considered the most beneficial use of a natural resource, and shall be avoided to the maximum extent feasible. If the City determines that recycled water service is feasible under §§ 6-8.710 and 6-8.711, the applicant, owner, or user will be required to use recycled water service. (1) The people of the State of California have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state (California Water Code, Section 13510). Conservation of all available water resources requires the maximum reuse of recycled water for beneficial uses of water (California Water Code, Section 461). The State of California has declared that use of potable water for non-potable uses may be a waste or an unreasonable use where recycled water is available (California Government Code, Section 65602(e); California Water Code, Section 13550). (2) It is the policy of the City that recycled water shall be used within the jurisdiction of the City whenever and wherever: 1) there is not an alternative higher or better use for the recycled water; and 2) such use is consistent with legal requirements, preservation of public health, safety and welfare of the public, and protection of the environment.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.705. Priority.

Connection to the City's recycled water system shall be provided on a first-come, first- served basis, as long as infrastructure and recycled water are available. 257
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.706. Administrator.

Except as otherwise provided herein, the City Manager shall administer, implement, and enforce the provisions of this chapter. The City Manager may, at his or her discretion, delegate any or all of these powers and duties.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.707. Other applicable rules and codes.

Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Administrator to govern the use of recycled water within the City include:
(a) Rules and regulations that deal with backflow prevention, billing, deposits, penalties, delinquencies, and metering for potable water as established in Chapters 8A, 8C, 8D, 8E of Title 6 of the Ontario Municipal Code.
(b) Regional Recycled Water Distribution System Ordinance (Ordinance No. 69, Inland Empire Utilities Agency.)
(c) Water Reclamation (Title 22, Division 4 of the California Code of Regulations.)
(d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023.)
(e) Guidelines for Distribution of Non-potable Water (California-Nevada Section AWWA.)
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.708. Severability.

If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of recycled water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Article 2: Definitions
Sec. 6-8.709. Definitions.

The terms used in this chapter shall have the following meanings:
(a) "Agricultural use" shall mean water used for the production of crops and/or livestock. Agricultural uses include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines, and the feeding of fowl and livestock. (b) "Air gap separation" or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of 258
a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch. (c) "Applicant" shall mean any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service. (d) "Approved use" shall mean an application of recycled water in a manner, and for a purpose, designated in a recycled water use agreement, and in compliance with applicable state and local rules and regulations.
(e) "Approved use area" shall mean a site with well-defined boundaries designated in a recycled water use agreement in compliance with applicable state and local rules and regulations.
(f) "As-built drawings" shall mean the record drawings that show the completed facilities as constructed or modified.
(g) "Auxiliary water supply" shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer. (h) "AWWA" shall mean the American Water Works Association. (i) "City Council" shall mean the City Council of the City of Ontario. (j) "City Manager" shall mean the chief administrative officer of the City of Ontario or his or her authorized designee.
(k) "Commercial use" shall mean the water used for non-body contact such as toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, and other uses approved by the City.
(l) "Construction water service" shall mean temporary recycled water service obtained from the City for construction purposes on any new facilities or structures. (m) "Cross-connection" shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. (n) "Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross-Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems.
(o) "Direct beneficial use" shall mean the use of recycled water, which has been transported from the point of production to the point of use, without an intervening discharge to waters of the state.
(p) "Discharge" shall mean any release or distribution of recycled water to a use area or disposal site/mechanism. Such discharges are subject to approval by the City. (q) "Divert" shall mean to change the intended course or path of recycled water into or out of the City's recycled water system without the authorization or consent of the 259
City. Any unpermitted withdrawal of recycled water from the City's facilities is a "diversion".
(r) "IEUA" shall mean the Inland Empire Utilities Agency. (s) "Industrial use" shall mean the water used for industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the City.
(t) "Infiltration rate" shall mean the rate at which water penetrates the soil surface and enters the soil profile.
(u) "Landscape irrigation" shall mean recycled water used for the propagation and maintenance of trees, shrubs, ground cover and turf used for erosion control and aesthetic value, not for resale or profit purposes.
(v) "Letter of approval" shall mean a written formal letter issued by the State Board approving the use of recycled water at a premise. (w) "Non-potable water" shall mean water that has not been treated for, or is not acceptable for human consumption, in conformance with federal, state and local water standards. Non-potable water includes recycled water.
(x) "Offsite facilities" shall mean all existing or proposed facilities under the control of the IEUA or the City, from the source of supply to the point of connection with the customer's onsite facilities, up to and including the City's recycled water meter and meter box. Such facilities shall include, without limitation, recycled water transmission mains, recycled water pipes and reservoirs, pumping stations, treatment plants and other appurtenances and property.
(y) "Onsite facilities" shall mean all existing or proposed facilities within property under the control of the customer, normally downstream of the City's recycled water meter and meter box.
(z) "Onsite Recycled Water Supervisor" shall mean a qualified person designated by a recycled water user and approved by the City to be responsible for the safe and efficient operation of the user's recycled water system. This person shall be knowledgeable in the operation of the recycled water system and in the application of federal, state and local guidelines, criteria, standards, and rules and regulations governing the use of recycled water.
(aa) "POC" shall mean the point of connection at the recycled water service meter.
(bb) "Ponding" shall mean the retention of recycled water on the ground surface or human-made surface for a period of time following the cessation of an approved recycled water use activity, such that potential hazard to the public health may result, as determined by regulatory agencies.
(cc) "Potable water" shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards. (dd) "Recycled water" shall mean water, which as a result of treatment of wastewater, is suitable for direct beneficial use or a controlled use that otherwise would not occur. The treatment of wastewater is accomplished in accordance with the Uniform 260
Statewide Recycling Criteria set forth in Title 22, Division 4 of the California Code of Regulations.
(ee) "Recycled water system" means the publicly owned property involved in the distribution of recycled water within the City and any privately owned onsite facilities, including piping, pumps, reservoir, land, supply lines (main lines), fittings, and equipment related to such elements.
(ff) "Recycled water facilities" shall mean the systems and structures used in the treatment, storage, pumping, transmission and distribution of recycled water. (gg) "Recycled water use agreement" shall mean an agreement between the user and the City to use recycled water in compliance with all applicable rules and regulations.
(hh) "Regulatory agency" shall mean any public entity legally constituted by federal, state and local statutes to protect health and water quality. (ii) "Runoff' shall mean the flow of water along natural or human-made surfaces away from the designated use area.
(jj) "RWQCB" shall mean the California Regional Water Quality Control Board, Santa Ana Region.
(kk) "Service" shall mean the delivery of recycled water to a user. (ll) "Service connection" shall mean City facilities between the City recycled water distribution system and the customer's meter, including, but not limited to, the meter, meter box, valves, and piping equipment.
(mm) "Standard specifications" shall mean the specifications approved by the City for construction of recycled water facilities.
(nn) "State Board" shall mean the California State Water Resources Control Board.
(oo) "Tampering" shall mean the unauthorized entering, breaking, damaging, destroying, uncovering, defacing, rearranging, injuring, altering, or interference with any temporary or permanent structure (including any pipeline), equipment (including any pumps or backflow devices), or appurtenance owned by the City or that is part of the City's recycled water. Any unpermitted connection the City's facilities is "tampering". (pp) "Unauthorized discharge" shall mean any release of recycled water that violates any applicable federal, state, or local statutes, regulations, chapters, contracts, or other requirements.
(qq) "Uniform Statewide Recycling Criteria" shall mean the criteria for treatment of recycled water established for the protection of public health and codified under Title 22, Division 4, Chapter 3 of the California Code of Regulations. (rr) "Use area" shall mean the specific area designated to be served with recycled water through onsite recycled water facilities. (ss) "User" shall mean any person, group, firm, partnership, corporation, association or agency accepting recycled water from the City's recycled water facilities 261
for use in accordance with this chapter. "Applicant," "owner," or "customer" are terms that are to be considered as users.
(tt) "Windblown spray" shall mean any dispersed, airborne particles of recycled water capable of being transmitted through the air to a location other than that for which the direct application of recycled water is approved.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Article 3: Area Served
Sec. 6-8.710. Service area.

The rules and regulations contained in this chapter apply to recycled water service to lands and/or improvements lying within the legal boundaries of the City, and to properties contiguous to the City under the same ownership as abutting lands within the City or its designated service boundary. Recycled water service shall be provided to a specific service area when related distribution facilities are completed, and service becomes available.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Article 4: General Requirements
Sec. 6-8.711. Determination of recycled water use area. (a) General.
(1) The City Council may adopt and periodically review the City's Recycled Water Master Plan and recommend where water service should be made with recycled water in place of potable water. The Master Plan shall be in accordance with all of the requirements of the State Board and the RWQCB, and shall encourage recycled water use.
(2) If the City determines recycled water is available, or will be available within five (5) years, the City may request modifications to existing onsite water facilities and require construction of recycled water systems in new developments.
(3) The City Council may enter into agreements with other municipalities and public entities to identify recycled water use service areas within the City and the jurisdiction of each entity.
(4) The City may identify customers who are located within the City's service area, and within an area identified in the City's Recycled Water Master Plan as an area capable of receiving service from the City's recycled water system, and may determine the feasibility of providing recycled water service to identified users.
(5) If the City determines recycled water service is feasible, applicants for new recycled water service must install onsite facilities to accommodate both potable water and recycled water in accordance with this chapter. 262
(b) Existing potable water service.
(1) The City may make determinations of areas where existing potable water use should be replaced with recycled water use.
(2) The City shall provide notice of the determination to use recycled water to the current customer, explaining the reasons for recycled water use, procedures to facilitate recycled water use, and proposed conditions and schedule for the conversion. Partial or full conversion of existing customers to recycled water use may be mandated to the extent allowed or required by law. (3) A customer seeking to convert to recycled water service must submit an application for a letter of approval to the City for review, along with any required application fee. The City shall review the application for completeness and contact the customer regarding the potential provision of recycled water service and the City's recycled water use agreement. If the customer does not agree to the terms of the recycled water use agreement, or if the City determines that recycled water is not available for the proposed use, the City may, in its sole and absolute discretion, refuse to provide such service.
(c) New recycled water service.
(1) Upon submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for recycled water service, may be required as conditions of approval for any development application, in addition to any other conditions of the new industrial, commercial or residential development. (2) Upon submittal by applicant of a proposed alteration or remodeling of multifamily, commercial, or industrial structures which substantially increase a facility's area, volume or size, or upon request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for such use, may be required as conditions of approval for any application, in addition to other conditions of approval for the alteration or remodel.
(3) The Administrator may require the use of recycled water for approved uses and refuse or otherwise restrict potable water service when recycled water is available and approved for use.
(4) Any recycled water supply assessments or verifications prepared by the City will not entitle the applicant's project to recycled water service, or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City's obligation to provide service to its users or potential future users. In order to receive service, the applicant, owner, or user must meet all of the applicable requirements of this chapter.
263
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 28, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.712. Authorized uses.
(a) Uses of recycled water include only those uses approved by the State Board and consistent with the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations. Each proposed use will be considered for approval by the City on a case-by-case basis, and the City may determine in its discretion whether it is feasible to furnish recycled water for the proposed use. The City's determination of feasibility will be based on the following factors:
(1) Whether recycled water may be furnished for the intended use at a reasonable cost to the user and the City.
(2) Whether recycled water use is in accordance with the standards of treatment and water quality requirements set forth in Title 22, Division 4, Chapter 3, of the California Code of Regulations and all other applicable federal, state, and local laws and regulations.
(3) Whether the use of recycled water can be made in a manner not detrimental to public health.
(b) Prior to approving such uses, the City may, in its discretion, set forth specific requirements as conditions to providing such services and/or require specific approval from the appropriate regulatory agencies. Prior to approval, the user must comply with the requirements established by this chapter and any other requirements imposed by the Inland Empire Utilities Agency, State Board, or any other regulatory agencies that have jurisdiction over such uses.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.713. Conditions of service.
(a) Prior to obtaining recycled water service, the user must enter into a recycled water use agreement with the City. Recycled water use shall be subject to terms and conditions established in the agreement, and in accordance with this chapter and other applicable codes, rules, and regulations. If any of the conditions of service are not satisfied at all times, the recycled water use agreement may be revoked by the Administrator, after which all recycled water service shall cease:
(b) The City shall not be liable for any damage by recycled water or resulting from:
(1) Defective plumbing.
(2) Broken or faulty services or recycled water mains. (3) Onsite facilities failures.
(4) High or low pressure conditions.
(5) Interruptions of service.
(6) Any inappropriate or illegal use or management practices. 264
(c) All recycled water will be provided to the user in the conditions and quantity specified in the recycled water use agreement.
(d) Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available. (e) Recycled water service may be terminated whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies, or at any time the provisions of this chapter, or the conditions specified in the recycled water use agreement, are violated.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.714. Recycled water service application.
(a) An application for a service connection must be made on a form furnished by the City. The applicant shall provide the City with the anticipated recycled water demand (maximum gallons per minute) and shall specify the size of the water meter that is desired; however, the City reserves the right to determine the ultimate size of the service connection and meter. The applicant shall also specify the property to be served. The information supplied by the applicant shall be considered as authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne by the applicant. The steps for obtaining recycled water service are as follows:
(1) The applicant completes and submits a recycled water service application, including existing facility "as-built" drawings or proposed facility plans as appropriate, description of where and how recycled water use is proposed, and any other information pertinent to the use of recycled water as requested by the Administrator.
(2) An engineering report shall be prepared by a qualified engineer registered in California and experienced in the field of wastewater treatment, and submitted to the State Board for approval. The City or Inland Empire Utilities Agency may prepare the report on behalf of the user, provided that the user pays all costs associated with the preparation of the report. The engineering report shall be consistent with State Board guidelines. Pursuant to the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations, the engineering report shall include:
(i) A description of the design of the proposed reclamation system. (ii) A means for compliance with Title 22 regulations and any other features specified by the State Board.
(iii) A contingency plan which will assure that no untreated or inadequately treated wastewater will be delivered to the use area.
(3) The City shall forward the completed engineering report to the State Board for review and approval.
(4) The user and the City will address any concerns that the State Board may have regarding the engineering report and revise the report accordingly. 265
(5) Upon the State Board's approval of the engineering report, the user may enter into a recycled water use agreement with the City. The user must enter into the agreement to begin recycled water service and pay any applicable fees. (6) The Administrator will schedule a start-up test of the onsite recycled water system to ensure that cross-connections do not exist. (7) Upon the successful completion of the test, the Administrator may authorize recycled water service to begin.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.715. Recycled water use agreement.

Every applicant agreeing to receive recycled water shall sign a recycled water use agreement (to be furnished by the City) and shall be subject to the following conditions:
(a) The applicant shall pay any specified connection fees, service line charges and other charges, and adhere to the requirements prescribed by this chapter and any additional requirements required by other agencies governing recycled water use. (b) In order to maintain acceptable operating conditions throughout the recycled water system, the Administrator may schedule recycled water use for specific applications. Such scheduling may involve programming deliveries to different users and/or to various portions of a single user's onsite system. Any scheduling shall consider the operating constraints of the affected users. (c) The Administrator may temporarily terminate recycled water service at any time recycled water produced by the Inland Empire Utilities Agency does not meet the requirements of the regulatory agencies. Recycled water service would, in such case, be restored when the recycled water meets the governing requirements. (d) At a minimum, the recycled water use agreement shall include the following:
(1) Names and addresses of the owner of the property and user(s) of the recycled water.
(2) A statement that no changes in the proposed system will be undertaken without amending the agreement.
(3) A statement that the applicant recognizes potential penalties for violation of this chapter and any regulatory agencies.
(4) A copy of the State Board approved engineering report. (5) Specific quantity of recycled water to be used, including estimated average annual use in acre-feet, and the maximum gallons per minutes (GPM) needed at the point of connection (POC) as shown on the plans. (6) Approved uses.
(7) A statement that the agreement shall be canceled or amended if:
(i) A change of recycled water use occurs.
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(ii) A change in the piping system has been implemented without prior approval.
(iii) A violation of these rules and regulations occurs and results in a system turn-off.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.716. Rates, fees, charges and deposits.
(a) All rates and fees regarding recycled water service and their administrative costs shall be established by the City Council and incorporated into Ontario Municipal Code Title 6, Chapter 8B. Any changes in fee and rate schedules shall be automatically adopted into this chapter.
(b) Applicants for recycled water service shall pay their fair share for the construction of facilities needed to deliver recycled water to the applicant's property. All fees and estimated construction costs shall be paid prior to construction; however, the City may reimburse the applicant for a portion of the cost of such facilities as described in subsection (c) of this section.
(c) Under certain circumstances, the City may contribute to the cost of designing and/or constructing the facilities needed to deliver recycled water to an applicant's property. Subject to the availability of funds, the City may:
(1) Reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way.
(2) Elect to participate in or construct pipelines, reservoirs, pumping stations or other facilities, as the City determines necessary, and/or as funds are available.
(3) Elect to fund or construct recycled water facilities, necessary for converting existing customers from potable to recycled water, with customer reimbursement to the City in the form of an increased recycled water rate, not to exceed the potable rate, until such time as reimbursement is complete under the terms of the recycled water use agreement.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 29, Ord. 2816, eff. December 1, 2005, and §
Sec. 6-8.717. Construction water service.

Persons desiring recycled water for construction purposes shall request a temporary water meter for connection to a City recycled water fire hydrant, and shall be subject to the fees and deposits as set forth in this chapter. It shall be the responsibility of the customer to identify the approximate location of the recycled water fire hydrant. The customer shall be responsible for any damage and repair to the meter while in the customer's possession. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter. All temporary water meters shall be installed by City staff and secured to the desired recycled water fire hydrant with a City-provided locking device. The meter shall remain at the City 267
approved and designated location until such time as the customer requests it to be moved. The customer can request the meter to be relocated at a maximum number of four (4) times per billing period. Requests for removal or relocation will be accomplished the same working day, provided the request is made to the City prior to 1:00 p.m. of the day of the request. Any request made after 1:00 p.m. may be completed the following business day.
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.718. Size, location, and installation of service line.

Recycled water service lines shall be extended by the property owner/developer to a curb line or property line of the customer's property, abutting on a public street, highway, road or City easement in which recycled water mains are installed. The size and location and/or type of recycled water service lines, service connections, meters, backflow protection devices, and any/all other appurtenances are subject to review and approval by the City.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.719. Service connection limitations.

Recycled water service shall be subject to the following conditions:
(a) The City reserves the right to limit the area of land under one (1) ownership to be supplied by one (1) recycled water service connection and recycled water meter. (b) A recycled water service connection and its corresponding meter shall not be used to supply adjoining property of a different owner, or to supply property of the same owner across a road, street or other public right-of-way. (c) When a property provided with a recycled water connection and corresponding recycled water meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land it directly or first enters. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this chapter.
(d) Private irrigation systems for homeowner's associations and other developments where landscaping around homes and in common areas are served with one (1) recycled water meter, shall not be allowed to cross public roads, easements, or other public rights-of-way without City approval.
(e) All recycled water used on any property where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all recycled water passing through their meters.
(f) Every recycled water service line shall be equipped with an angle curb stop on the inlet side of the meter; such angle curb stop being intended exclusively for the use of the City in controlling the recycled water supply through the recycled water service line. If the curb stop is damaged by the user's use to an extent requiring replacement, such replacement shall be at the user's expense. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
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Sec. 6-8.720. Service pressure.

Whenever possible, the recycled water system will operate at a slightly lower pressure than the potable water system. This will cause potable water to flow in the recycled water system in the event of a cross-connection.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 30, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.721. Relocation of recycled water service lines.

Should a recycled water service line installed pursuant to the request of the applicant, owner, or user be of the wrong size, or installed at a wrong location or depth, then the cost of all changes required shall be paid for by the applicant, owner, or user. All recycled water services provided prior to final street improvements will be considered temporary and the costs for all repairs or changes required to be performed by the City must be paid by the applicant, owner, or user.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Article 5: Protective Measures
Sec. 6-8.722. Cross-connections.

Chapter 8E of Title 6 of the Ontario Municipal Code establishes the rules and regulations for the City’s active Cross-Connection Control Program (“Program”). Service is conditioned on the users adherence to the Program. The City has designated a Cross-Connection Control Coordinator (“Coordinator”) for the Program. When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the Administrator, Coordinator, and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the Administrator, Coordinator, and other regulatory agencies, shall then be installed and tested according to Chapter 8E before recycled water service is provided. Users must make their premises open for inspection at all reasonable times in accordance with section 6-8.908 of Chapter 8E.

Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the Administrator, or his/her designee. (§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.723. Other measures.
(a) Water meters used for recycled water service shall be tagged or color-coded purple, color Pantone 512 or 522, or otherwise distinguished as such per AWWA standards. These meters shall not be interchanged or used for potable water service after repairs and/or meter testing have been performed. (b) Where premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked pursuant to § 6-8.726 at sufficient intervals to distinguish clearly water is safe for drinking purposes and water that is not safe. All outlets intended for drinking purposes shall be plainly marked to indicate that fact.
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(c) For residences providing recycled water services, water outlets that serve non-potable water shall be marked with the words "Recycled Water - Do Not Drink". (d) Periodic inspection by the City of the recycled water facilities will determine if all identifying items are clearly discernable. If not, they shall be immediately replaced, repaired or refurbished as needed, by the user. These items include:
(1) Warning tags.
(2) Painted surfaces.
(3) Warning tape.
(4) Identification tape.
(5) Covers, caps, signs.
(6) Other items that indicate recycled water is being used. (e) To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing by State Board approved methods will be performed by the Administrator and/or other regulatory agencies. (f) The State and County Health Departments, the Administrator, and the IEUA shall be kept informed by written document of the identity of the person responsible for the user's recycled water system on all premises concerned with these rules and regulations. At each authorized use area, an 'Onsite' Recycled Water Supervisor shall be designated. This supervisor shall be responsible for:
(1) The installation and use of all components of the onsite recycled water system(s).
(2) Prevention of cross-connections.
(3) Change in use of recycled water.
(g) When the recycled water uses or conditions, as determined by the Administrator, Coordinator or other regulatory agencies, represent a clear and immediate hazard to the City's potable and/or recycled water supply that cannot be immediately removed or corrected, the Administrator shall terminate recycled water use.

Section 6-8.920 of Chapter 8E establishes the conditions or uses that create a basis for termination.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 31, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.724. Emergency connection to the recycled water system to the potable water system.

If the Administrator determines an emergency exists where all or parts of the recycled water system are unable to provide recycled water, the Administrator may approve an emergency temporary connection to the potable water system. Before such emergency temporary connection is made, the portion without recycled water shall be isolated by an air gap separation from the remainder of the recycled water system. This isolation shall occur at either individual services or on the offsite system, as determined by the Administrator. An approved backflow prevention device shall be installed on the potable 270
water lines in accordance with this chapter and any and all applicable rules and regulations of the state and local health departments. The recycled water system shall be disinfected in accordance with Title 22 California Code of Regulations and AWWA C651 Standard prior to any use of potable water through the system. Before the emergency temporary connection or connections shall be removed, whether onsite or offsite, the user shall notify the City's Municipal Utilities' Water Quality Programs Division. The emergency temporary connection shall be removed before connection to the recycled water system is re-established. Re-establishment of recycled water service must be inspected and approved by the Administrator prior to resuming delivery of recycled water.

Article 6: Facilities Design and Construction
Sec. 6-8.725. Facilities design.
(a) The design of offsite and onsite recycled water facilities, including the preparation of plans and construction specifications, shall be under the responsibility of an engineer registered in the State of California. The design of customer (onsite) facilities that will use recycled water, and preparations of plans and construction specifications, shall be stamped and signed by a State of California registered landscape architect or civil engineer, unless otherwise approved by the Administrator. (b) Before the Administrator grants final acceptance of any system using recycled water, as-built drawings of the system shall be provided. The installed system shall be tested in accordance with the City Standard Specifications to ensure that the system is in full compliance with applicable rules and regulations. (c) All offsite and onsite recycled water facilities shall be designed and constructed according to the requirements, conditions, and standards as adopted in the City Standard Specifications to ensure that the system is in full compliance with this chapter. Recycled water systems, both onsite and offsite, shall be separate and independent of any potable water systems.
(d) Where the premises contain dual or multiple water systems, the exposed portions of pipelines shall be identified at sufficient intervals. (e) Areas irrigated with recycled water must be kept completely separated from domestic water wells and reservoirs. Recycled water shall not be applied or allowed to migrate to within fifty (50) feet of any well used for domestic supply. No impoundment of recycled water shall be located within one hundred (100) feet of any domestic water well, unless it can be demonstrated that special circumstances justify lesser distances to be acceptable.
(f) Adequate means of notification shall be provided to inform the public, employees and others that recycled water is being used. Conspicuous signs with appropriate wording that can be clearly read should be placed at adequate intervals around the authorized use area.
(1) Golf courses should print messages on score cards in a different color indicating recycled water is being used. Water hazards containing recycled water should be posted with appropriate signs.
(2) Languages in addition to English should be used on signs where appropriate.
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(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.726. Offsite recycled water facilities.
(a) Any offsite recycled water distribution facilities required to serve existing or new developments of the property within the City, as determined by the Administrator, shall be provided by the applicant, owner, or customer at their expense, unless the Administrator determines it is a City benefit to construct these capital facilities. (b) Plans and specifications for all recycled water distribution facilities shall be submitted to and approved by the Administrator, and other regulatory agencies, in advance of construction.
(c) The City will assume responsibility for providing recycled water service to the point of connection of such development on transfer, to the City, of the title to all offsite recycled water systems and any necessary easements. All easements shall be in a form acceptable to the Administrator, and not subject to outstanding obligations to relocate such facilities or any deeds of trust, except in instances where such is determined by the Administrator to be in the best interest of the City. (d) The City and the property owner or developer may enter into a reimbursement agreement for the portions of a recycled water system that are required to be oversized with capacity to supply more recycled water than the property owner or developer requires. The determination to enter into a reimbursement agreement, and the specific items that are the subject of reimbursement, will be made by the City. (§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.7273. Onsite recycled water facilities.
(a) The user or the owner of the property shall be responsible for all costs associated with onsite recycled water facilities.
(b) When City standards and specifications require a higher quality material, equipment, design or construction method than that required by other governing codes, rules and regulations, the City standards and specifications shall take precedence. (1) In areas where recycled water is not immediately available when the use area is ready for construction, and if the City has determined that recycled water will be supplied in the future, onsite facilities shall be designed to use recycled water. Provisions shall be made to allow for connection to the City's offsite recycled water facilities, when available. In the interim, potable or other suitable water may be supplied to the onsite facilities through an "interim service connection."
(2) Conditions of interim service are:
(i) The City anticipates recycled water will be available to the site within five (5) years of the time interim service is initiated. (ii) The user or the owner of the property must sign a recycled water use agreement.
(iii) The user or the owner of the property must agree to perform or pay for all work necessary to remove the interim connection and make connections to 272
the permanent recycled water system at the time the recycled water system is installed.
(iv) An approved backflow prevention device is required on the interim service. The backflow prevention device shall be downstream of the meter and shall be a part of the onsite recycled water facilities. (v) Future recycled water users will pay for the following:
(A) Cost of constructing and abandoning the interim service and cost of constructing the recycled water service.
(B) Applicable recycled water fees at the time service becomes available.
(C) Applicable interim water rates for the type of water delivered through the interim service.
(vi) When recycled water is available to the site, an inspection of the onsite facilities will be conducted by the Administrator to verify that the facilities are still in compliance with the recycled water use agreement. Recycled water service shall be provided on verification of compliance. If the facilities are not in compliance, the Administrator shall notify the user to make any necessary corrections.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 32, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.728. Construction.
(a) Construction of all new recycled water facilities will follow City standards and specifications and the American Water Works Association Construction Guidelines for Recycled Water Facilities.
(b) Where it is planned that an existing non-recycled water system shall be converted to a recycled water facility, the facilities to be converted to recycled water shall be investigated in detail at the user's expense, to determine the measures required to bring the system into full compliance with this chapter. No existing potable water facilities shall be connected to or incorporated into the recycled water system without City and State Board approvals.
(c) If, due to onsite failure of the recycled water system, the Administrator determines that it is necessary to convert onsite facilities from a recycled water supply to a potable water supply, a comprehensive investigation shall be performed by or for the City.
(1) The facilities to be converted to recycled water use shall be investigated in detail, including review of any record drawings, preparation of required reports, and determinations by the City of measures necessary to bring the system into full compliance with this chapter for recycled water service. (2) No potable water facilities shall be connected to or incorporated in the recycled water system that have not been approved for recycled water service by the City.
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(d) It shall be the responsibility of the user to pay all costs for such conversion.

Conversion costs may include, but not be limited to, the following:
(1) Isolation of the recycled water supply. Service shall be removed and plugged at the City main or abandoned in a manner approved by the Administrator.
(2) Installation of approved backflow prevention devices, as determined by the Administrator, on all potable and/or other water meter connections. (3) Removal of any/all special recycled water quick couplers. The user shall be responsible for replacement with quick couplers approved for potable water systems.
(4) Notification to all onsite personnel involved.
(5) Removal of all warning labels/signs.
(6) Installation of any/all potable water facilities and payment of any associated capacity fees, as established in Title 6, Chapter 8B, of the Ontario Municipal Code.
(7) System flushing, disinfecting, decontamination, and water quality analyses, as required by the City and/or other regulatory agencies. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Article 7: Facilities Operation
Sec. 6-8.729. Offsite facilities.

The City and/or the Inland Empire Utilities Agency shall be responsible for the operation, maintenance and surveillance of all offsite recycled water systems. This includes but is not limited to recycled water pipelines, valves, connections, storage facilities, and other related equipment and property up to and including the meter. Only the City and/or the Inland Empire Utilities Agency personnel and their representatives shall operate, adjust, change, alter, move or relocate any portion of their respective offsite recycled water facilities.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.730. Onsite facilities.
(a) General.
(1) The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user and his or her designated Onsite Recycled Water Supervisor.
(i) The Onsite Recycled Water Supervisor shall be responsible for the installation, operation, and maintenance of the onsite recycled water system, enforcing applicable requirements of the City's recycled water use agreement, preventing potential hazards related to such system, maintenance of the system 274
plans in "as-built" form, and distribution of recycled water in accordance with applicable laws and permits held by the City.
(2) The Administrator shall have the right to enter the user's premises to monitor and inspect all onsite recycled water facilities. Where necessary, keys and/or lock combinations shall be issued to the Administrator to provide such access during hours of recycled water system operation. (b) The Onsite Recycled Water Supervisor shall have the following responsibilities pertaining to operation of onsite facilities:
(1) Ensure that all operations personnel are trained and familiarized with the use of recycled water.
(2) Furnish all operations personnel with maintenance instructions, irrigation schedules, controller charts, and as-built drawings to ensure proper operation in accordance with the onsite facilities design and applicable rules and regulations. (3) Prepare and submit to the Administrator one (1) reproducible set of as- built drawings.
(4) Notify the Administrator of all updates or proposed changes, modifications, or additions to the onsite facilities and operations for review and approval prior to construction or implementation. All updates and proposed changes shall comply with this chapter, the recycled water use agreement and any other applicable rules and regulations.
(5) Ensure that the operation and maintenance of all recycled water facilities remain in accordance with this chapter, the recycled water use agreement and any other applicable rules and regulations.
(6) Operate and control the system in order to prevent direct human consumption of recycled water and to control and limit runoff. The user or the owner of the property shall be responsible for any and all subsequent uses of the recycled water. Operation and control measures to be utilized in this regard shall include where appropriate, but not limited to:
(i) Minimizing discharge onto areas not under control of the user so as to minimize public contact. Full circle sprinklers shall not be used adjacent to sidewalks, roadways, and property lines in order to confine the discharge to the use area.
(ii) Operating the onsite recycled water facilities during periods of minimal human use of the service area, and allowing a maximum dry-out time before the irrigated area will be used by the public.
(iii) Providing adequate first aid kits on the premises, and promptly treating all cuts and abrasions to prevent infection. If infection is likely, a physician should be consulted.
(iv) Taking any other precautionary measures to minimize direct contact with recycled water. User's employees, residents, and the public should not be subjected to recycled water sprays.
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(v) Applying recycled water at a rate that does not exceed the infiltration rate of the soil. Where varying soil types are present, the design and operation of the recycled water facilities shall be compatible with the lowest infiltration rate of the soils present.
(vi) Reporting to the Administrator any/all failures in the recycled water system that cause an unauthorized discharge of recycled water. (vii) Protecting all drinking fountains located within the approved use area, by location and/or a structure from contact with recycled water to the maximum extent possible. Windblown spray, direct application through irrigation or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.
(viii) Protecting facilities that may be used by the public, including but not limited to, eating surfaces and playground equipment located within the approved use areas, by locating seating and/or structures from contact with recycled water to the maximum extent possible. Windblown spray, direct contact by irrigation application, or other approved uses are considered sources of recycled water.

Protection shall be by design, construction practice, or system operation. (c) The user shall enforce the following prohibitions:
(1) Cross-connections, as defined by the Cross-Connection Control Policy Handbook , resulting from the use of recycled water or from the physical presence of a recycled water service, whether by design, construction practice, or system operation, are prohibited.
(2) Discharge of recycled water for any purposes, in areas other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited.
(3) Use or installation of permanent hose bibs on any customer water system that presently operates or is designed to operate with recycled water is prohibited.
(4) Conditions that directly or indirectly cause recycled water to pond either within or outside of the approved use area, whether by design, construction practice, or system operation are prohibited, unless designed specifically for ponding and approved by Administrator.
(5) Conditions that directly or indirectly cause runoff of recycled water onto areas outside of approved use areas, whether by design, construction practice, or system operation, are prohibited.
(6) Use of recycled water for any purposes other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited.
(7) Conditions that directly or indirectly permit windblown spray to pass outside of the approved use area, whether by design, construction practice, or system operation, are prohibited.
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(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)

Sec. 6-8.731. Monitoring and inspection.
(a) The Administrator will periodically monitor and inspect the entire recycled distribution facility, including both offsite and onsite facilities. The Administrator will conduct monitoring programs, maintain records as deemed necessary, inspect onsite facilities for compliance with applicable rules and regulations, and provide reports as requested by the State Board. For these purposes, the Administrator will have the right to enter the user's premises during hours of recycled water system operation to inspect onsite recycled water facilities and approved areas of recycled water use, to ensure compliance with this chapter and Chapter 8E, including the requirement that runoff be controlled and limited (§ 6-8.733(b)(6)) and the prohibition of cross-connections between potable water facilities and recycled water facilities (Chapter 8E). (b) The approved user shall be responsible for providing access to and cooperation with the City's Cross-Connection Control Specialist or designee so that the City's Cross-Connection Control Specialist or designee can perform periodic cross- connection tests, site inspections and backflow prevention device tests. Site inspections shall include pressure testing of the system(s) as well as a visual check of the entire system to verify that no cross-connections or unapproved connections exist. The approved user shall be responsible for correcting any work which violates the City's regulations, at the user's sole expense, including any costs associated with repair and re-testing the backflow prevention device should the backflow prevention device fails to pass the required test.
(c) If the user or owner changes, the City's Cross-Connection Control Coordinator or designee will perform an inspection and test to verify compliance with this chapter and Chapter 8E.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.732. Maintenance responsibility.
(a) The user or owner is responsible for maintaining all onsite facilities that are under the ownership of parties other than the City.
(b) No person shall place, dispose, deposit or permit the placement, disposal, or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil, building materials, or any other substances, objects, or obstructions in, on, or around meter boxes or other City facilities. No person shall allow or permit meter boxes or other City facilities from becoming obstructed or obscured by trees, shrubs, plants or in any other manner so as to impede their use or access or make their location difficult to determine. (c) If such substances, objects, or obstructions are not cleaned and removed, or are permitted to obscure or impede use or access to such facilities, the City may accomplish the cleaning and removal at the user's expense. The Administrator will provide reasonable notice to the user before assessing the charge. 277
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.733. Meter testing.

If a recycled water meter fails to register during any period or is known to register inaccurately, the owner or user shall be charged using a reasonable average daily consumption based on prior consumption or based on other reasonable calculations in the absence of historical consumption data. The City will examine and test the meter through which recycled water is being furnished or determine whether it is correctly registering the amount of recycled water being delivered. (§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Article 8: Enforcement
Sec. 6-8.734. Illegal connections, diversions, or tampering. (a) Diversion and tampering are prohibited.
(b) Diversion and tampering are crimes under the California Penal Code and are violations of the Water Code and the Civil Code. Diversion and tampering may be subject to charges and penalties, as well as referral to the District Attorney for criminal prosecution. All charges and penalties shall be applicable and collected in accordance with applicable laws and regulations.
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.735. Violations and enforcement.

Nothing in this chapter limits or restricts the City's general authority to enforce noncompliance of applicable rules and regulations. The City retains the right to enforce violations of this chapter in accordance with Chapter 1-5 or in accordance with any other legally authorized process, including but not limited to discontinuing service to any customer that commits a violation, infraction, or otherwise fails to comply with the municipal code, any amendments or additions thereto, and any adopted rules or regulations. Prior to the service disconnection, the City shall provide notice to the customer where a violation, infraction, or otherwise noncompliance results, or is likely to result, in a dangerous or unsanitary condition on the customer's premises, or within the City's water system, and where disconnection of service is necessary to protect the City from fraud, imposition, loss or abuse.
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) 278

EXHIBIT C

CHAPTER 8D: POTABLE WATER FACILITIES

Article 1: General Provisions
6-8.800 Purpose and policy
6-8.801 Objectives
6-8.802 Severability

Article 2: Definitions
6-8.803 Definitions

Article 3: General Responsibilities
6-8.804 Applicant and developer responsibilities
6-8.805 Contractor responsibilities
6-8.806 City rights and responsibilities
6-8.807 Customer responsibilities

Article 4: New Service Connection Requirements
6-8.808 Connection fees
6-8.809 New service connection
6-8.810 Application for new service connection
6-8.811 Conditions of service
6-8.812 No entitlement to service

Article 5: Design and Construction
6-8.813 Water system design specifications and guidelines 6-8.814 Street sub-grade
6-8.815 Right-of-way and easements
6-8.816 Potable pipeline location
6-8.817 Fire hydrants
6-8.818 Water service lines
6-8.819 Service connections
6-8.820 Fire service connection
6-8.821 Automated meter reading devices
6-8.822 Backflow prevention assemblies
6-8.823 Service relocation
6-8.824 Temporary service connection

Article 6: Monitoring and Inspection
6-8.825 Inspection
6-8.826 Pressure and leakage testing
6-8.827 Bacteriological sampling and testing
6-8.828 Shutdowns
6-8.829 Title of water facilities

Article 7: Operation and Maintenance
6-8.830 Service connection maintained by Municipal Utilities Company 6-8.831 City right of ingress to and egress from customer’s property 279

6-8.832 City access
6-8.833 Obstruction of or deposit of material in meter boxes or hydrants 6-8.834 Quick-closing valves(or other devices)
6-8.835 Change in size of connection or meter
6-8.836 Emergency repairs

Article 8: Violations
6-8.837 Violations

Article 1: General Provisions

Sec. 6-8.800. Purpose and policy.

The purpose of this chapter is to set forth requirements and procedures for the design, construction, monitoring, inspection, and maintenance of potable water facilities, and enable the City to comply with all applicable State and Federal laws and regulations.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.801. Objectives.

The objectives of this chapter are:

(a) To establish the City’s rights and responsibilities regarding design, construction, inspection, operation, and maintenance of potable water facilities.

(b) To establish roles and responsibilities of applicant, developer, contractor, and customer regarding design, construction, monitoring, inspection, and maintenance of potable water facilities.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.802. Severability.

If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of potable water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this Chapter.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 2: Definitions

Sec. 6-8.803. Definitions.

(a) “Applicant” shall mean any person, firm, corporation, association, or agency who desires to obtain water services from the City.

(b) “Automated meter reading device” shall mean a specified device installed with metered services with new development and replacement meters that transmits meter read information electronically to a remote receiving device. 280

(c) “Bacteriological test” shall mean a microbiological examination of water samples routinely taken on the public water system and on all newly constructed water facilities prior to City acceptance, to determine if the water from said potable water facilities meets sanitary quality standards for public consumption set by the California State Water Resources Control Board.

(d) “CADD” shall mean Computer Aided Design and Drafting.

(e) “City” shall mean the City of Ontario, California.

(f) “City Council” shall mean the City Council of the City of Ontario, California.

(g) “City Manager” shall mean the City Manager of the City of Ontario, or his or her authorized representative.

(h) “Contractor” shall mean any person who for himself or herself, in conjunction with, or by or through other, agrees to perform and does perform a construction contract and shall include:

(1) Any person required to be licensed under the California Contractors’ State License Law, and any person contracting with the United States to perform a construction contract, whether such persons are formed or organized under the laws of this state, or another state or country; and

(2) Subcontractors and specialty contractors and those engaged in such building trades as defined in the California Code of Regulations, Title 18, Section 1521.

(i) “Customer” shall mean a person, firm, or corporation who is the recipient of water service from the City.

(j) “DDW” shall mean California State Water Resources Control Board’s Division of Drinking Water.

(k) “Design Development Guidelines and Specifications" shall mean the City’s most current published version for potable water system design and criteria.

(l) “Developer” shall mean a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers.

(m) "Domestic service” shall mean the delivery of potable water through an authorized service connection designated primarily for potable and sanitation uses, and other associated uses.

(n) “ELAP” shall mean the California Environmental Laboratory Accreditation Program.
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(o) “Engineer” shall mean the City Engineer of the City of Ontario, or his or her authorized representative.

(p) “Fecal coliform” shall mean a subgroup of total coliforms and are associated with human and animal wastes. Escherichia coli is a fecal coliform species.

(q) "Fire service” shall mean the standby and delivery of water through an authorized service connection designated exclusively for fire protection including automatic sprinklers and fire hydrants.

(r) "Greenbook” shall mean the most current published edition of “Greenbook” Standard Specifications for Public Works Construction.

(s) "Heterotrophic plate count” shall mean a procedure for estimating the number of culturable heterotrophic bacteria in water.

(t) "IEUA” shall mean the Inland Empire Utilities Agency.

(u) “Inspector” shall mean the City of Ontario’s Engineering Department’s Public Works Inspector.

(v) “Municipal Utilities Company” shall mean the Municipal Utilities Company of the City of Ontario.

(w) "NPDES” shall mean National Pollutant Discharge Elimination System.

(x) “Operation and maintenance” shall mean the functions required to ensure continuous operations and viability of the City’s infrastructure.

(y) “Service connection” shall mean the water pipe, or pipes, and appurtenances installed by the developer to transport potable water from adjoining City facilities located within a public right-of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City.

(z) “Standard Drawings” shall mean the City’s Standard Drawings.

(aa) "Subdivision” shall mean the division, by a developer, of any part of portion of a parcel of land, within the service area of the City, into two or more separate parcels or units for sale or lease for residential, commercial, or industrial purposes.

(bb) “Total coliform” shall mean a coliform group consisting of several genera of bacteria that belong to the family Enterobacteriaceae that live in the intestines of warm-blooded animals, such as humans and animals.

(cc) "Transmission facilities” shall mean any designated City facilities, and appurtenances, considered to be the backbone infrastructure that transports large quantities of water within the City to and from the storage facilities and the City treatment/processing plants. Such facilities shall not be used as, nor be deemed to be, 282

part of the on-site water facilities which are required for the connection and delivery of water service to a customer or developer.

(dd) “Water facilities” shall mean any water mains, service connections, water service lines, meters, and appurtenances used for providing potable water service to any parcels of land or subdivision of said parcels of land, excluding designated transmission facilities.

(ee) “Water Pipeline Construction Specifications” shall mean the City’s most current published version for constructing potable water facilities.

(ff) “Water Pipeline Material Specification and Approved List” shall mean the City’s most current published version for materials used to construct potable water facilities.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 3: General Responsibilities

Sec. 6-8.804. Applicant and developer responsibilities.

(a) The applicant or developer shall be required to pay all applicable fees based on current rates approved by City Council.

(b) The applicant or developer’s responsibilities shall generally include engineering, construction, sanitizing, and testing of water facilities in accordance with this chapter and subject to the Engineer and Inspector’s approval. Complete engineering shall be by a registered civil engineer and shall include submission of a full set of detailed improvement plans in electronic form of a scale acceptable to the Engineer, along with appropriate plan check and inspection fees. After all changes, modifications, and additions requested by the Engineer have been made on the improvement plans and have been approved, the applicant or developer shall furnish the Engineer a complete set of electronic improvement plans, which shall become the property of the City. In addition to furnishing the Engineer with a complete set of electronic improvement plans, the applicant or developer shall furnish an electronic file containing necessary data for producing CADD drawings in a format approved by the Engineer.

(c) Any changes in installation from the improvement plans submitted pursuant to subsection (b) shall have prior written approval of the Engineer, and the applicant or developer shall furnish the Engineer a complete set of as-built plans before water service is established and provided. An electronic CADD file shall also be furnished for the as-built plans.

(d) The applicant or developer shall have the required installation, chlorination, and sanitization of newly installed water facilities performed by a contractor that meets the licensing requirements in subsection (a) and (b) of section 6-8.805.

(e) The applicant or developer shall ensure that the contractor installs water facilities in accordance with the City’s Design Development Guidelines and 283

Specifications and Standard Drawings unless otherwise granted in writing by the Engineer.

(f) The applicant or developer shall be responsible for relocating or reinstalling any existing water facilities installed in conflict with plans submitted pursuant to subsection (b) or (c). Relocation of water facilities shall be contingent upon the City approval of the plans, which are to be submitted by applicant or developer in a format as required by the Engineer. Under no circumstances may water facilities be relocated unless authorized by the Engineer in writing.

(g) The applicant or developer is responsible for the abandonment of any existing facilities that, through the plan checking process, are deemed unnecessary or inadequate for usage by the new construction. Any abandonment will be done in accordance with the approved plans in conjunction with the construction of the new facilities or in a manner as directed by the Engineer.

(h) The applicant or developer shall comply with any other requirement set forth in this Chapter.

Sec. 6-8.805. Contractor responsibilities.

(a) The contractor shall possess a State of California Class “A” license issued by the Department of Motor Vehicles and a Class “C-34” or Class “C-12” license issued by the Contractors State License Board for the installation of newly installed systems.

(b) The contractor shall possess a State of California Class “C-36” license issued by the Contractors State License Board for the chlorination and sanitization of newly installed systems.

(c) The contractor shall at all times maintain and insure the integrity of newly constructed facilities, including but not limited to pipeline, appurtenance, and devices, during storage, transportation, and installation. Pipe shall be delivered and stored with factory provided end caps. Failure to maintain the integrity of newly constructed facilities through the demonstration of inspection and testing shall allow the City, at its sole discretion, to have the contractor remove, replace, retest, or reinspect at the contractor’s sole expense.

(d) The contractor shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and dispose of all water entering the excavations or other parts of the work. Ground or sub surface water shall not be allowed to rise around pipe installations until joining compound in the joints has set. The contractor shall dispose of the water and any other materials generated from the work site in a suitable manner without damage to adjacent property. No water shall be drained into work built or under construction. Water and any other materials generated from the work site shall be disposed of in such a manner that conforms to state and federal waste disposal laws.

(e) At all times the contractor will coordinate all work with the City to minimize waterline shutdowns made pursuant to section 6-8.828.

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(f) The contractor shall have monitoring performed, in connection with chlorination and sanitization the of newly installed systems, by a current certified California Water Distribution Operator and demonstrate formal training by a certified ELAP laboratory. All charges shall be borne by contractor.

(g) The contractor shall disinfect pipelines, valves, hydrants, service laterals, fittings, tanks, and other surfaces exposed to water in accordance with AWWA C651.

Sampling locations shall be in accordance with AWWA C651 and the DDW regulations.

(h) The contractor shall dechlorinate and remove pollutants from water flushed from water mains in accordance with AWWA C655 and discharge requirements specified in the City’s Specifications and NPDES permits.

(i) Prior to water service being established, the contractor shall complete and pass the hydrostatic pressure, leakage, and disinfection tests prior to connecting any new line to the existing pipe and mains. All tests shall be completed in the presence of the Inspector for recording.

(j) The contractor shall comply with any other requirement set forth in this chapter.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.806. City rights and responsibilities.

(a) The City is responsible for inspections made pursuant to Article 6 of this chapter.

(b) The City reserves the right to install any water facility which will become the property of the City for maintenance and operation.

(c) The City shall be responsible for the operation and surveillance of all of the City’s water facilities, including, but not limited to pipelines, treatment facilities, and appurtenances and property up to and including the City’s meter, shall be under the management and control of the City.

(d) No other persons except authorized City employees shall have any right to enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the foregoing or any of the City’s property. In the event that such should occur, all charges and penalties shall be applicable and collected. Such action shall also be in violation of any and all applicable federal, state, and local statutes, ordinances, regulation, and other requirements.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.807. Customer responsibilities.

(a) Provision of water service includes a right-of-way on the customer’s property for the City to gain unobstructed access to the City’s water facilities (e.g., water meter box, fire hydrants, air release valves, etc.) at all times. 285

(b) The customer is obligated to maintain unrestricted and visible access to the customer’s property for the safety of City personnel and to protect the City’s water facilities.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 4: New Service Connection Requirements

Sec. 6-8.808. Connection fees.

Connection fees applicable to all new, improved or expanded service connections will be established from time to time by the City and shall include any fees and/or rates established by IEUA through ordinance.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.809. New service connection.

An applicant shall submit an application for every new, improved or expanded service connection to the Engineering Department. The application shall be accompanied by payment of all appropriate fees. The fee for providing the meter shall include perpetual maintenance.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8. 810. Application for new service connection.

An applicant requesting service connection(s) for a subdivision, commercial, or industrial development shall submit an application to the Engineering Department. The application shall include, but not limited to, the following information:

(a) Name and address of applicant;

(b) Legal description, location of service connection along the frontage of the property to be served;

(d) Meter size of service connection;

(e) Fire flow requirements per Fire Department;

(f) All other required City documents, such as business license;

(g) Purpose for which service shall be used; and

286

(h) Other information which City may reasonably require.

The information supplied by the applicant the application shall be considered authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne solely by the applicant. Once the application for water service is completed and signed, all appropriate fees and charges are paid, a service connection is installed, a meter is set , and the water is turned on, the charge for water service shall begin. If water service is not required when the service connection is installed, the water meter shall not be installed and the angle curb stop or valve governing the supply will be left shut off and locked. When service is required, the applicant shall contact the City for water service.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8. 811. Conditions of service.

Applicants shall be required to accept and consent to such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the City harmless for any damages arising out of low pressure, high pressure, fluctuations in pressure, or interruption of service.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.812. No entitlement to service.

Any water supply assessment or verifications prepared by the City will not entitle the applicant’s project to water service or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City’s obligation to provide service to its customers or potential future customers. In order to receive service, the applicant must meet all of the applicable requirements of this chapter.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 5: Design and Construction

Sec. 6-8.813. Water system design specifications and guidelines.

(a) The water system shall be designed and constructed in accordance with criteria described in the most current City of Ontario “Water Master Plan” and other City published design guidelines, specifications, and standards including but not limited to:

(1) Cross-Connection Control Program, Chapter 8E of Title 6 of the Ontario Municipal Code
(2) Design Development Guidelines and Specifications;
(3) Standard Drawings;
(4) Water Master Plan;
(5) Water Pipeline Construction Specifications; and
(6) Water Pipeline Material Specification and Approved List.

287

Design elements include but are not limited to system layout and pipeline locations, demand and usage, pipe sizing, valving, pressure regulating facilities, air/vacuum release valves, fire hydrants, blow-off appurtenances, service laterals, corrosivity, and tracer wires.

(b) In addition to subsection (a) and (b), design and construction of the water system shall meet the applicable requirements and specifications described in following documents:

(1) This Chapter;
(2) DDW Waterworks Standards Main Separation, California Code of Regulations Title 22, section 64572;
(3) California Fire Code, as it exists or may be amended, for the purposes of fire hydrant location and frequency;
(4) Greenbook; and
(5) Any other requirement or specification the Engineer deems reasonably necessary to ensure compliance with state and federal laws and the reliability and safety of the City’s water system.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.814. Street sub-grade.

If recently installed mains and services are required to be removed, relocated or adjusted to grade as a result of changes requested by the developer or, because of incorrect survey information as to the grade of curbs and street, location of property lines or other utilities, etc., all expenses incurred by making said changes shall be borne solely by the developer. For newly surfaced streets, all trench restoration and resurfacing charges shall be paid by the developer and subject to City street moratorium requirements.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.815. Right-of-way and easements.

Unless otherwise granted in writing by the Engineer:

(a) No public utilities shall be installed in any street or other location not formally dedicated for such use, except by consent of the property owner and the City.

Such consent shall be prepared by the developer, reviewed and approved by the Engineer, in an approved easement deed format provided by the City, and recorded in favor of the City.

(b) Within a utility easement, water main separations shall adhere to the California Code of Regulations Section 64572. Additional minimum separations shall be met for each utility and adhere to this chapter.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.816. Potable pipeline location.
288

Crossing of non-potable lines shall adhere to DDW Waterworks Standards Main Separation requirements as contained in California Code of Regulations Title 22, section 64572. If minimum clearance cannot be achieved, a separation waiver request shall be completed and submitted to the Municipal Utilities Company. The Municipal Utilities Company shall review and if in concurrence, submit the request to DDW for state review and approval pursuant to California Code of Regulations Title 22, section 64511.100.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.817. Fire hydrants.

All fire hydrants shall be installed at a frequency and distance that is consistent with Appendix C and CC of California Fire Code. Fire hydrants shall be installed with a minimum separation of 5-feet from any driveway, street light, power pole, sign, fence, wall, or other development that may obstruct access.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.818. Water service lines.

(a) S ervice connections shall be installed to the curb or street right-of-way line as determined by the Engineer. The property to be served shall front on or be adjacent to a dedicated public right-of-way wherein the City maintains or can install a standard potable water main.

(b) The developer or applicant shall determine the size of service connections and meters and their location with respect to the boundaries of the premises to be served prior to issuance of building or plumbing permits by the City.

(c) Notwithstanding subsection (b), the City may determine the size of the water service lines, the service connections, and the meters.

(d) The City shall determine type and size of backflow protection devices for potable water service, in accordance with Chapter 8E of Title 6 of the Ontario Municipal Code, and any and all other appurtenances to the service.

(e) The water service line(s) shall be installed to a curb line of the customer’s property, or if no curb, to the customer’s property line, abutting upon a public street, highway, alley, easement, lane, or road (other than a freeway) in which are installed water mains of the City. Water service line(s) should not be done until the exact location of the service connection has been approved by the Engineer.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.819. Service connections.

Unless otherwise granted in writing by the Engineer:

289

(a) Each residence and/ building, excepting condominium and townhouse projects under separate ownership shall must be provided with a single and separate service connection and water meter except under special conditions as determined by the City.

(b) Two (2) or more dwellings or buildings under one (1) ownership and on the same lot or parcel of land shall have separate service connections for each dwelling or building. A separate landscape irrigation meter is required for a property under the conditions described in Chapter 7, Chapter 8A, or Chapter 8C of Title 6 of the Ontario Municipal Code.

(c) The customer’s pipe which connects to the outlet side of the meter shall not be installed until the service connection is completed. If the applicant or developer’s pipe is installed to the outlet side of the meter before the service connection is installed and its location does not correspond with the service connection specified on the application form and improvement plans, then the applicant or developer shall pay the additional cost for completing the service connection from the water main to the outlet side of the meter. The service connection and all equipment appurtenant thereto, including the meter and meter box, shall be the sole property of the City, and no part of the cost thereof shall be refunded to the applicant or developer.

(d) The Engineer reserves the right to limit the number of houses or buildings, such as apartments, or the area of land under one ownership to be supplied by one service connection and water meter.

(e) The Engineer may limit the number of service connections to any residential or other project whether under separate or multiple ownership.

(f) A service connection and water meter must not be used to supply adjoining property of a different owner, or to supply property of the same owner across a street, or alley.

(g) No service connection shall be installed on the public or private side of any service lateral that is intended to service joint or adjacent parcels of land.

(h) When property provided with a service connection and water meter is subdivided, that connection and meter will be considered as serving the lot or parcel of land that it directly or first enters. Additional water mains and/or service lines will be required for all subdivided areas in accordance with this chapter.

(i) Every service connection will be equipped with an angle curb stop, or valve, on the inlet side of the meter; that angle curb stop, or valve, is intended exclusively for the use of the City in controlling the water supply through the water service line. If the angle curb stop, or valve, is for any reason damaged by the customer’s use to an extent requiring replacement, the City shall have the right to charge the customer for the cost to replace or repair such angle curb stop, or valve.

(j) The City, at its option, may allow connection to the City’s water system by persons outside the City limits. Said connection is at the discretion of the City and may be disconnected upon thirty (30) days’ notice.
290

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.820. Fire service connection.

(a) The valve controlling water flow to the service connection shall be closed when a fire service connection is installed and remain so until a written order is received from the owner or lessee of the premises to have the water turned on. After the water is turned on, the City shall not be held liable for damages of any kind whatsoever that may occur on or to the premises serviced as a result of the installation, maintenance, or use of such service connection, or because of fluctuation of pressure, or interruption of supply.

(b) If water is used through a fire service connection for any other purpose than extinguishing of fires or conducting annual testing of the fire system, the City Manager shall have the right to require a meter on the fire service connection at the owner’s expense or shut off the entire water supply for such premises. Upon the installation of such a meter, the established water rates then in effect for water services shall apply and be imposed for any water service provided to the property.

(c) The City shall have the right to take a domestic, commercial, or industrial service connection from the fire service connection at the curb to supply the same premises as that to which the fire service connection belongs. The Engineer shall have the right to determine the proportion of the installation costs properly chargeable to each service connection if such segregation of costs becomes necessary. .The established water rates then in effect for water services shall apply and be imposed for any water service provided to the property.

(d) The Engineer shall require the installation on all fire service connections, a backflow prevention assembly device as determined in Chapter 8E of Title 6 of the Ontario Municipal Code.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.821. Automated meter reading devices.

(a) All new developments shall utilize automated meter reading devices as the standard meter for all new metered services. The cost of the installation for these devices shall be paid and borne solely by the applicant or developer at a cost established from time to time by the City. The City reserves the right to make an installation on the basis of actual cost.

(b) The City shall test each meter prior to installation.

(c) The Municipal Utilities Company shall set all meters after acceptance of the installation by the Engineer, and application for service in accordance with Chapter 8B of Title 6 of the Ontario Municipal Code.

(§ 4, Ord. XXX, eff. April XX, 2025)

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Sec. 6-8.822. Backflow prevention assemblies.

(a) An applicant must provide sufficient information, including plumbing and building plans, to enable the City to determine the level of backflow prevention required.

The proper backflow protection, as determined by the City, shall be installed, and inspected before water service is provided.

(b) Backflow protection assemblies shall be installed in accordance with the City’s standard drawings and Chapter 8E of Title 6 of the Ontario Municipal Code.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.823. Service relocation.

(a) The City reserves the right to relocate or modify the existing service connection, at any time, upon notification to the consumer.

(b) Whenever service connections, meters, fire hydrants, or other appurtenances are requested to be moved by a customer, the charges for such service relocation shall be borne and solely paid by the customer at the actual cost.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.824. Temporary service connection.

(a) An applicant shall submit an application for temporary service to a property to the Engineer for his or her review and recommendation. Before any temporary service shall be installed, the applicant shall agree to the following:

(1) Pay the cost of the temporary service connection, appropriate deposit, and the cost of all water delivered to the property; (2) Not to provide water for or to any other property;
(3) Pay appropriate charges for a permanent service connection for the property when a water main is available and the cost, if any, for removal of the temporary service connection; and
(4) All temporary service connections shall be limited to six (6) months unless an extension is granted by the City Manager.
(5) The applicant or contractor shall be held responsible for loss or damage to the meter from the time it is installed until it is removed, or until 48 hours after notice in writing has been given to the City that the contractor or other person is finished using the meter. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter.
(6) Flows through a 3-inch or larger temporary service fire hydrant meter shall be limited to a maximum of 330 gallons per minute, unless otherwise authorized in writing at the time of application. Any deliberate attempt on the part of the applicant or user to increase the flow is just cause for the City to discontinue service.
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(7) The City reserves the right to interrupt service without notice if such usage is causing pressure in the system to drop below an acceptable range. (8) Each temporary service customer shall make every attempt to maintain a constant flow through the meter. To achieve this requirement, the customer may be required to provide and install a storage facility (construction tank, small interim reservoir, etc.) at the sole expense of the customer, approved by the City, in conjunction with the meter.
(9) When using fire hydrants for temporary service connections, no more than one outlet per hydrant shall be used for this purpose and shall be accompanied by a tested and properly functioning backflow prevention assembly in accordance with Chapter 8E of Title 6 of the Ontario Municipal Code.

(b) Temporary service connections are primarily installed for the convenience and use of Contractors during construction work.

(c) All meters for temporary service connections shall be installed by the City and secured to the desired fire hydrant with a City locking device and lock. These meters shall remain at this location until such time the responsible person requests it to be moved or removed pursuant to section 6-8.223.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 6: Monitoring and Inspection

Sec. 6-8. 825. Inspection.

(a) The City Inspector shall inspect all facilities installed by the contractor to insure compliance with the improvement plans, design specifications and requirements as described in section 6-8.813.

(b) Upon completion of the installation and backfill of newly installed systems, and prior to filling the pipeline with water for the pressure test, the contractor shall notify the City that the pipeline system is ready for video inspection. Said notification shall be made at least three working days in advance of the actual video inspection date. The video inspection will be made by a video inspection company approved by the City shall be made in the presence of the City’s Inspector.

(1) The video inspection company shall provide the City with the color DVD or electronic video file and a written report detailing the condition of the interior of the mainline and joints. Subsequent to review of the video file and report by the City, the City will notify the contractor within 3 business days that they may then proceed with the filling, testing, and disinfection of the pipeline; or the City will provide a list of corrective measures that must occur prior to acceptance.
(2) Should remedial activities be necessary, the reconstruction methodology shall be approved by the City prior to commencement of the work.

Upon completion of the remedial construction, the contractor shall once again notify the City that the newly installed systems are ready for a video inspection.

The City reserves the right to re-video any portions of the water system they determine may have been affected by the reconstruction work activities. 293

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.826. Pressure and leakage testing.

(a) A minimum 4-hour hydrostatic pressure test shall be performed and successfully completed in accordance with AWWA C600 or C605.

(b) The contractor shall apply test pressures at an approved outlet or fitting located within 5 feet vertically of the lowest point of each pipe section to be tested and securely plug such fittings. Where air valves or other suitable outlets are unavailable, the contractor shall provide approved taps and fittings for air release, and securely plug these.

(c) Flushing of mains with water at a velocity of at least 2.5 feet per second over its entire length shall be performed using an eccentric reducer. Velocity through outlets and fittings shall not exceed 25 feet per second during flushing.

(d) Leakage shall be computed as the total quantity of water pumped into the pipeline during the test period, including water added to reach the specified test pressure for the final time. Leakage shall not exceed the rate specified for the type of pipe tested. The contractor shall repeat the testing until the leakage does not exceed the specified leakage rate. The contractor shall repair all visible leaks regardless of the amount of leakage at their sole expense. All tests shall be completed in the presence of the City Inspector who shall record the results.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.827. Bacteriological sampling and testing.

(a) Prior to bacteriological tests, an application for shutdown must be submitted pursuant to section 6-8.828.

(b) Bacteriological tests shall be analyzed by a certified ELAP laboratory with approved fields of testing for said matrix.

(c) Passing bacteriological tests on two (2) consecutive days shall be achieved prior to connecting the pipeline to the existing water system or placing the pipeline into service. Satisfactory bacteriological results shall conform to the following:

(1) No total or fecal coliform.
(2) A heterotrophic plate count less than 200 colony-forming units (CFU) per milliliter (mL).
(3) Presence of chlorine residual at or below a concentration that does not interfere with the bacteriological testing and compromise the results.

(d) If the initial chlorination fails to produce two (2) consecutive days of passing bacteriological tests, chlorination shall be repeated until two (2) consecutive days of passing bacteriological tests are achieved.

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(1) If the third attempt fails to obtain two (2) consecutive days of passing bacteriological test, then the City reserves the right, and at the sole expense of the contractor, to have the contractor clean the newly installed pipeline using a high-velocity flow that produces a neutral output discharge or other technology that removes excessive dirt or debris that has entered in the new installation that conforms to water conversation and NPDES requirements.

(e) Laboratory reports shall be furnished upon issuance to the City and shall include, but not be limited to chain of custody, lab work sheet or summary letter imprinted with the laboratory’s name, address, and phone number. The report shall specify the field tests, laboratory analysis and results, and shall be signed by the laboratory director. The Engineer may require that laboratory reports be accompanied with any other form or document to ensure compliance with this section.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.828. Shutdowns.

(a) Shutdown of the City’s in service potable lines shall be requested through an application. Said application shall be submitted to the City ten (10) working days before the first bacteriological test begins.

(b) Shutdowns are generally performed during Monday through Thursday between 9:00 AM and 4:00 PM, unless granted in writing by the Engineer.

(c) The Inspector shall sign off the application when all bacteriological testing has passed, and results are accepted by the City.

(d) After all bacteriological tests have passed, the contractor or developer shall have ten working days to perform the shutdown. If there is failure to perform the shutdown within the ten working day window, bacteriological testing shall be performed once to insure pipeline sterility has been maintained.

(e) Water will be turned on when pipeline has passed all bacteriological testing. There are no exceptions.

(f) For non-steel pipelines, 16-inches or less, the maximum time allowed is six(6) hours unless granted in writing by the Engineer.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.829. Title of water facilities.

Title to all water facilities, whether installed by the City or a developer, shall be vested in the City upon completion of all work, testing, chlorination, inspection and acceptance for use.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 7: Operation and Maintenance
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Sec. 6-8. 830. Service connection maintained by Municipal Utilities Company.

(a) The Municipal Utilities Company shall maintain the service connection extending from the water main to the meter. The applicant shall install and maintain all pipes and fixtures extending or lying on the outlet side of the meter, excluding a City provided shutoff valve, 12-inch brass nipple and coupling. The Municipal Utilities Company shall set and maintain a meter on each service connection and the customer or owner shall be held liable for any damage to the meter due to his or her negligence.

Every service connection shall be equipped with an angle curb stop, or valve, on the inlet side of the meter. Such valve or angle curb stop is intended for the exclusive use of the Municipal Utilities Company to control the water supply through a service connection. If the angle curb stop, or valve, is damaged due to the customer or owners use or negligence, the customer or owner shall be liable for replacement costs.

(b) The City assumes no responsibility for the maintenance and operation of a customer’s water system beyond the service connection and point of ownership by the City. All plumbing, water piping, fixtures, connections, devices and related appurtenances beyond the service connection, and beyond the City’s point of ownership, shall be maintained by the customer in “good standing condition”.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8. 831. City right of ingress to and egress from customer’s property.

The City shall have the right of ingress to and egress from the customer’s property during reasonable hours for any purpose reasonably related to the furnishing of water services and the exercise of any and all rights secured to it by law or these rules, including inspection of the consumer’s customer’s piping and equipment for compliance with the Municipal Code and these rules.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8. 832. City access.

A customer shall provide and maintain reasonable access for City representatives to all service connections, meters, back-flow prevention devices, or other facilities pertinent to water service installed on his or her premises.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.833. Obstruction of or deposit of material in meter boxes or hydrants.

(a) No person shall place, dispose, or deposit or permit the placement, disposal or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, dirt, building materials or other substances, objects or obstructions in, on or around meter boxes, and it shall be the responsibility of each applicant, owner, or customer to prevent meter boxes, City hydrants or other City facilities from becoming obstructed or obscured by such applicant, owner, or customer’s trees, shrubs, plants or in any other manner so as to impede their use or access to them or make their location difficult to determine. 296

(b) The City shall not be held responsible nor liable for any damage or cost for the replacement or repair of any ground cover and/or plants, shrubs, or other obstructions, which may be removed or damaged while City personnel are using the right-of-way or easements.

(c) If such substances, objects or obstructions are not cleaned and removed or are permitted to obscure or impede such facilities, the City may, after providing reasonable notice to the applicant, developer, customer, or owner accomplish the cleaning and removal and charge the applicant, developer, customer, or owner for the cost of doing so.

(d) The applicant, developer, customer, or owner’s failure to comply with the clearance and right-of-way obligations set forth in this chapter shall be deemed a violation of the chapter and termination of service.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8. 834. Quick-closing valves(or other devices).

No person shall not install any quick-closing valves or other equipment or device which shall cause excessive pressure surges in the City water system without prior written approval by the Engineer.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.835. Change in size of connection or meter.

Where a change or size increase of an existing service connection or meter is requested by a customer, the charges shall be the same as for a new service and any fees not previously paid shall be required.

(§ 4, Ord. XXX, eff. April XX, 2025)

Sec. 6-8. 836. Emergency repairs.

The City shall not accept any responsibility for the maintenance of pressure and reserves the right to discontinue service while making emergency repairs, and the like.

Customers depending upon a continuous supply should provide emergency storage.

(§ 4, Ord. XXX, eff. April XX, 2025)

Article 8: Violations

Sec. 6-8.837. Violations.

It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to any of the following acts:

(a) Denial of an application;
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(b) Termination of service; and

(§ 4, Ord. XXX, eff. April XX, 2025)
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EXHIBIT D

CHAPTER 8E: CROSS-CONNECTION CONTROL

Article 1: General Provisions
6-8.900 Purpose
6-8.901 Applicability
6-8.902 Cross-Connection Control Coordinator
6-8.903 Other applicable rules and regulations
6-8.904 Severability

Article 2: Definitions
6-8.905 Definitions

Article 3: Protection Requirements
6-8.906 Backflow and unauthorized connections prohibited 6-8.907 Backflow installation
6-8.908 Entry and inspection
6-8.909 Backflow prevention assembly type
6-8.910 Where protection is required
6-8.911 Type of protection required

Article 4: Inspection, Testing, Maintenance Requirements 6-8.912 Inspection and testing of protective assemblies 6-8.913 Maintenance of backflow prevention assemblies 6-8.914 Replacement of protective assemblies

Article 5: Notifications
6-8.915 Annual backflow testing notifications
6-8.916 Notice to install
6-8.917 Notice of violation

Article 6: Reporting Requirements
6-8.918 Reporting backflow test results
6-8.919 Reporting of pollution or contamination

Article 7: Administrative Remedies
6-8.920 Water service termination

Article 1: General Provisions

Sec. 6-8.900 Purpose.

(a) The purpose of this chapter is to protect the City’s potable water supply against actual or potential cross-connections from private on-site systems by isolating on-premises contamination or pollution that may occur due to undiscovered or unauthorized on-site cross-connections. This chapter is intended to protect the City’s distribution system through premises containment and is not intended to provide regulatory measures for protecting users from the hazards of cross-connections within 299

their own premises. Notwithstanding the provisions in this chapter, the City accepts no responsibility for cross-connections or resulting hazards or contamination.

(b) This chapter is intended to comply with the State Water Board’s Cross- Connection Control Policy Handbook and shall be in addition to, and not in lieu of, the controls and requirements of other regulatory agencies, such as local government agencies and local and State Health Departments. To the extent anything in the provisions within this chapter conflict with applicable laws or regulations, as may be amended from time to time, the provisions of such laws or regulations, including the Cross-Connection Control Policy Handbook, shall control.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.901 Applicability.

The requirements imposed by this chapter shall apply to all potable water, irrigation, and fire service connections from the City.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.902 Cross-Connection Control Coordinator.

The City has developed an active Cross-Connection Control Program (“Program”) and designated a Cross-Connection Control Coordinator (“Coordinator”) for the Program.

The Coordinator shall maintain status as a cross-connection control specialist and be responsible for the development of, and the reporting, tracking, and other administrative duties of the Program. The Coordinator, or his/her designee, and the City Manager, or his/her designee, are authorized to administer and enforce this chapter and the Program.

Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the City Manager, or his/her designee.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.903. Other applicable rules and regulations.

Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Coordinator and/or the City Manager when administering and enforcing the Program include but are not limited to:

(a) Water Programs (Title 40, Chapter 1, Subchapter D of the Code of Federal Regulations.)

(b) Drinking Water (Division 104, Part 12 of the California Health and Safety Code.)

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(d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023.)

(e) Manual of Cross-Connection Control, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA. Current Edition.

(f) EPA-570/9-89-007 Cross-Connection Control Manual, prepared by the U.S. Environmental Protection Agency.

(g) Uniform Plumbing Code, published by IAPMO, Current Edition.

(h) Manual M-14, published by AWWA, Current Edition.

(i) Water conservation provisions as established in the Chapter 8A of Title 6 of the Ontario Municipal Code

(j) Water services and fees provisions as established in the Chapter 8B of Title 6 of the Ontario Municipal Code

(k) Recycled water use provisions as established in the Chapter 8C of Title 6 of the Ontario Municipal Code

(l) Design and construction of water facilities provisions as established in Chapter 8D of Title 6 of the Ontario Municipal Code

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.904 Severability.

(§ 5, Ord. XXX, eff. April XX, 2025)

Article 2: Definitions

Sec. 6-8.905. Definitions.

(a) “Air-gap separation” or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch.

(b) "ANSI” shall mean the American National Standards Institute.

(c) “ANSI ISO 17024 accredited certifying organization” shall mean a State Water Board-recognized organization certifying backflow prevention assembly testers and meets CCCPH testing and performance standards.
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(d) “Applicant” shall mean any person, firm, corporation, association, or agency who desires to obtain water, sewer, and/or recycled water service from the City.

(e) "Approved water supply” shall mean a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the California Health and Safety Code.

(f) "Auxiliary water supply” shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer.

(g) "Backflow” shall mean an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into the City’s water potable system.

(h) “Backflow prevention assembly” or “BPA” shall mean a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated.

(i) “Backflow prevention assembly tester” shall mean a person who is certified by an American National Standards Institute ANSI ISO 17024 accredited certifying organization and holds a valid certification.

(j) “Backsiphonage” shall mean a form of backflow due to a reduction in system pressure, which causes a sub-atmospheric pressure to exist in the water system.

(k) “City” shall mean the City of Ontario, California.

(l) “City Council” shall mean the City Council of the City of Ontario, California.

(m) “City Manager” shall mean the City Manager of the City of Ontario, or his or her authorized representative.

(n) "Contaminants” shall mean any substance that shall impair the quality of water, in such a way as to create an actual hazard to the public health through poisoning, the spread of disease, etc.

(o) "Cross-connection” shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.

(p) "Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross-Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems.
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(q) “Customer” shall mean a person, firm, or corporation who is the recipient of water service from the City.

(r) "Degree of Hazard” shall mean either a pollutant (non-health hazard) or contaminant (health hazard); derived from the assessment of the materials, which may come in contact with the City’s distribution system through a cross-connection.

(s) "Distribution system” has the same meaning as defined in section 63750.50 of the California Code of Regulations, Title 22, Division 4, Chapter 2.

(t) "Double check detector backflow prevention assembly” or “DCDA” shall mean a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections.

(u) “Double check detector backflow prevention assembly – type II” or “DCDA-II” shall mean a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections.

(v) “Double check valve backflow prevention assembly” or “DC” shall mean an assembly consisting of two independently acting internally loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross-connections.

(w) "Fire protection system” shall mean automatic fire sprinkler installations and/or private onsite fire hydrants served with potable water through a separate service connection.

(x) "Hazard Assessment” shall mean an evaluation of an applicant, owner, or customer’s premises designed to evaluate the types and degrees of hazard at a user’s premises.

(y) "High hazard cross-connection” shall mean a cross-connection that poses a threat to the potability or safety of the City’s water supply. Materials entering the City’s water supply through a high hazard cross-connection are contaminants or health hazards.

(z) “Low hazard cross-connection” shall mean a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards.
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(aa) "ISO” shall mean the International Organization for Standardization.

(bb) "Premises” shall mean the lot, parcel, or property to which potable water is being supplied by the City or for which potable water service has been requested.

(cc) “Premises containment” shall mean protection of the City’s distribution system from backflow from a customer’s premises through the installation of one or more air-gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the customer’s water supply from the City’s distribution system.

(dd) "Potable water” shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards.

(ee) “Pollutants” shall mean any substance that impairs the quality of the water to a degree, which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.

(ff) "Readily accessible” shall mean capable of being reached for testing and/or maintenance, without the need of removing any access panel, door, or similar obstruction.
(gg) "Reduced pressure principle backflow prevention assembly” or “RP” shall mean an assembly with two independently acting internally loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check valves, and test cocks to enable accurate field testing of the assembly.

(hh) “Reduced pressure principle detector backflow prevention assembly” or “RPDA” shall mean a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’ water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow.

(ii) “Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” shall mean a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow.

(jj) "Service connection” shall mean the terminal end of a service connection from the City’s distribution system (i.e., where the City may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system) and the point in a water system where the City’s water supply can be protected from backflow using an air-gap or backflow prevention assembly. If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.

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(kk) "State Water Board” shall mean the California State Water Resources Control Board.

(§ 5, Ord. XXX, eff. April XX, 2025)

Article 3: Protection Requirements

Sec. 6-8.906. Backflow and unauthorized connections prohibited.

(a) No person is permitted to cause, permit, facilitate or maintain an actual or potential cross-connection or any type of connection that permits an actual or potential backflow of water to the City’s distribution system.

(b) No physical connection shall hereafter exist, or be installed, located, maintained or operated, between the City’s distribution system (including its appurtenant mains, pipes, fixtures, equipment or appliances) and any other water supply system or any sewer or drainage system, or any steam, gas or chemical line, pipe or conduit, or any device, boiler tank or container whereby a contamination or pollution or any dangerous, impure, unsanitary or nonpotable substance (solid, liquid, or gaseous or any combination thereof) may now, or hereafter be introduced into any portion of City’s distribution system by backflow, backsiphonage, or any other method, manner, means, or cause whatsoever.

(c) It is unlawful for any person to make a permanent or temporary connection onto a backflow prevention assembly for the purpose of bypassing the backflow prevention assembly.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.907. Backflow installation.

(a) No person is permitted to install, maintain, or allow a metered water service connection to any premises served by the City unless the City’s distribution system is protected in conformance with applicable State law or regulation (including the Cross-Connection Control Policy Handbook) and this chapter. Any person who is required to install an approved backflow prevention assembly must install, maintain, inspect and test such assembly in accordance with applicable State law or regulation (including the Cross-Connection Control Policy Handbook) and this chapter at the applicant, owner, or customer’s own expense and within the time specified for installation. Every backflow prevention assembly required by law, regulation, or this chapter must be of model and size approved by the City. Failure, refusal or inability on the part of the applicant, owner, or customer to install said assembly or assemblies constitutes grounds for discontinuing water service to such metered or non-metered water service connections until such assembly or assemblies have been properly installed.

(b) Backflow prevention assemblies shall be installed on the premises, in accordance with the City's standards, before the first branch line leading off the service and not on the City’s portion of the system. Backflow prevention assemblies shall be located as close as practical to the applicant, owner, or customer’s service connection, 305

or at a location approved by the City. Backflow prevention assemblies shall be readily accessible for testing and maintenance and no device shall be submerged at any time.

(c) All backflow prevention assemblies required by this chapter shall be installed in accordance with any and all criteria set forth in Cross-Connection Control Policy Handbook section 3.3.2.

(d) Notwithstanding subsection (a), the City maintains the right to install, test, and maintain a backflow prevention assembly on premises where water service is provided. The cost thereof shall be borne by the applicant, owner, or customer.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.908. Entry and inspection.

All applicant, owner, or customer systems and premises shall be open for inspection at all reasonable times to authorized representatives of the City to enable the City to ascertain the existence of cross-connections or other structural or sanitary hazards, including violations of the cross-connection rules and regulations in this chapter. When such a condition becomes known, the City shall deny or discontinue service to the premises, in accordance with this chapter. Water service will be discontinued until the applicant, owner, or customer has corrected the condition(s) in conformance with State laws and City requirements relating to plumbing and water supplies, and with regulations adopted pursuant thereto.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.909. Backflow prevention assembly type.

Newly installed and replaced backflow prevention assemblies required in this chapter shall be of models approved by the City. Approved backflow prevention assemblies meet one of the following requirements:

(a) Air-gaps (“AG”) shall meet the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012 (R2017);

(b) Double check valve backflow prevention assemblies (“DC”) and reduced pressure principle backflow prevention assemblies (“RP”) shall be inspected, tested, and approved under the standards established in the Manual of Cross-Connection Control, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA. Current Edition.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.910. Where protection is required.

Backflow protection for the City’s potable water supply shall be provided on each water service connection downstream of the water meter but before the structural dwelling to:
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(a) Premises having an auxiliary water supply such as recycled or non- potable water systems;

(b) Premises on which any substance is handled in such fashion that could permit entry into the water system. This shall include the handling of process waters and waters originating from the City’s distribution system that have been subject to deterioration in sanitary quality;

(c) Premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard. Examples of premises where actual, or potential, health hazards, or conditions will exist include, but are not limited to, the following: sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, plating works, etc;

(d) Premises that have pressurized equipment installed;

(e) Premises that have landscape where potable water is used to irrigate;

(f) Premises that have fire protection systems installed;

(g) Premises that have internal cross-connections, unless such cross- connections are abated to the satisfaction of the City and approved by the state or local health agency;

(h) Premises having intricate plumbing and piping arrangements or where not all portions of the premises are readily accessible for inspection purposes;

(i) Premises having a repeated history of cross-connections being established or re-established;

(j) Premises being served water through a temporary above ground water service connection;

(k) Premises having a change in customer (either owner or tenant) on any commercial or industrial premise(s) where a backflow prevention assembly is not installed, the new or previous owner or customer shall notify the City immediately. The City will then reassess the level of protection required. Also, any alterations or improvements to existing onsite facilities that may affect the level of protection required must be reported immediately to the City to be evaluated; and,

(l) Premises that meet the definition of high-hazard cross-connection control premise under Appendix D of the Cross-Connection Control Policy Handbook.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.911. Type of protection required.

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(a) The type of protection required on potable water services is related to the degree of hazard that exists on the premises as specified in this chapter and Appendix D of the Cross-Connection Control Policy Handbook.

(b) The type of protective device authorized for potable water services is a reduced pressure principle backflow prevention assembly (“RP”). This includes premises that utilize a single potable water service to a dwelling and irrigating landscape.

(c) Premises identified as a high hazard cross-connection control premise shall install a reduced pressure principle backflow prevention assembly (“RP”) or air-gap separation (“AG”), or both. Customers shall comply with any additional requirements or degrees of protection for particular high hazard cross-connections set forth in Appendix D of the Cross-Connection Control Policy Handbook.

(d) Except for low hazard fire protection systems that meet the criteria forth in Cross-Connection Control Policy Handbook section 3.3.2.(e)(3), fire protection systems shall be protected with either double check detector backflow prevention assembly (“DCDA” or “DCDA-type II”) or reduced pressure principle detector backflow prevention assembly (“RPDA” or “RPDA-type II”).

(e) Dedicated service for the sole purpose of irrigating landscape with potable water shall be protected with a reduced pressure principle backflow prevention assembly (“RP”). Pressure vacuum breakers are not allowed to be installed on dedicated irrigation lines.

(§ 5, Ord. XXX, eff. April XX, 2025)

Article 4: Inspection, Testing, and Maintenance Requirements

Sec. 6-8.912. Inspection and testing of protective assemblies.

(a) It shall be the duty and the sole responsibility of the applicant, owner, or customer of any premises on which backflow prevention assemblies are installed to have inspections and testing made at least once a calendar year, or more often in those instances where successive inspections indicate repeated failure. All inspections and testing shall be performed by a certified backflow prevention assembly tester that meets all requirements set forth in the State Water Board’s Cross-Connection Control Policy Handbook.

(b) Backflow prevention assemblies shall also be tested immediately after they are installed, relocated or repaired and shall not be placed in service unless they are functioning as designed.

(c) Whenever a backflow prevention assembly tester observes a backflow incident or an unprotected cross-connection at a backflow prevention assembly or prior to the applicant, owner, or customer’s premises, the backflow prevention assembly tester shall notify the City within twenty-four (24) hours. The City shall immediately discontinue water service to the premises and conduct an investigation. Water service shall not be restored until the City receives confirmation of a passing test. 308

(d) Premises with air-gap separations shall be visually inspected at least annually to determine compliance with this chapter by a person certified as backflow prevention assembly tester or certified cross-connection control specialist pursuant to the State Water Board’s Cross-Connection Control Policy Handbook.

(e) From time to time, representatives of any health agency having jurisdiction and/or the City may conduct evaluations of any premises where water service is provided by the City. The purpose of such evaluations is to determine if any actual or potential cross-connections exist, if there are any unapproved uses, and to assess compliance with applicable laws and regulations. applicant, owner, or customer shall provide reasonable cooperation in facilitating such evaluations.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.913. Maintenance of backflow prevention assemblies

(a) The applicant, owner, or customer shall notify the City any time a backflow prevention assembly is repaired, replaced, or relocated.

(b) A backflow prevention assembly shall be repaired or replaced by, and at the sole expense of the applicant, owner, or customer whenever it is found to not function properly as designed. A backflow prevention assembly that fails a test or inspection pursuant to section 6-8.912 must be repaired or replaced within thirty (30) days of notification of the failure.

(c) Records of all tests and repairs shall be maintained by the applicant, owner, or customer and submitted to the City in accordance with section 6-8.918. The City may request records regarding any backflow prevention assemblies on the premises.

(d) A backflow prevention assembly may be removed for repair or replacement, provided that water service is discontinued until repair or replacement is completed and the assembly is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest shall be performed immediately following the repair or replacement of the assembly.

(e) A backflow prevention assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest shall be performed immediately following the relocation of the assembly before water service is restored.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.914. Replacement of protective assemblies.

Whenever an existing backflow prevention assembly is to be moved from its present location, or when it requires more than minimum maintenance, or when the City finds that the improper maintenance of the assembly constitutes a hazard to health, the 309

assembly shall be replaced by the owner with a backflow prevention assembly meeting the requirements of this chapter.

(§ 5, Ord. XXX, eff. April XX, 2025)

Article 5: Notifications

Sec. 6-8.915. Annual backflow testing notifications.

The City will provide annual testing notifications to an owner or customer’s premise as follows:

(a) First Notice. The City will notify the owner or customers when routine backflow prevention assembly testing is needed. The notice will include the date when the test shall be completed by forty-five (45) days after the date of the notice.

(b) Second Notice. A second notice shall be sent to each owner or customer that does not have the backflow prevention assembly tested as prescribed in the first notice within the time allowed. The second notice will give the owner or customer a twenty-one (21) day period to have the backflow prevention assembly tested or take other corrective action.

(c) Notice of Non-compliance. If no action is taken within the 21-day period, then a Notice of Non-compliance will be sent to the owner or customer giving the owner or customer a final ten (10) day period to have the assembly tested or take other corrective action.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.916. Notice to install.

The City shall survey its service area and conduct a hazard assessment as required by Chapter 3, Article 2 of the Cross-Connection Control Policy Handbook. The City shall issue a Notice to Install for all premises assessed and determined to require approved backflow prevention assembly. A backflow prevention assembly shall be installed in accordance with this chapter within ninety (90) days from the date of the Notice to Install.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.917. Notice of violation.

It shall be the applicant, owner, or customer’s responsibility to ensure backflow prevention assemblies are installed appropriately and demonstrate the assembly is functioning adequately as designed. Failure to install or demonstrate the proper functioning of backflow prevention assemblies by the due date prescribed in section 6-

8.915 or 6-8.916, or re-test based on criteria described in section 6-8.913, shall be considered non-compliant with this chapter. A Notice of Violation shall be issued stating the cause of non-compliance with this chapter, when water services will be discontinued, corrective actions the owner or customer shall take to correct the 310

deficiency or violation, and administrative fees to restore water service as prescribed in Chapter 8B of Title 6 of the Ontario Municipal Code.

(§ 5, Ord. XXX, eff. April XX, 2025)

Article 6: Reporting Requirements

Sec. 6-8.918. Reporting backflow test results.

The City uses a unified cross-connection software system for the management and reporting of backflow prevention assemblies. Test results shall be electronically submitted to the City through an electronic portal by the due date prescribed in Section 6-8.916 or 6-8.917 or when a device has been subjected to the criteria described in Section 6-8.914. Copies of the completed forms shall also be sent to the local health department. The City will maintain records in accordance with Cross-Connection Control Policy Handbook section 3.5.1.

(§ 5, Ord. XXX, eff. April XX, 2025)

Sec. 6-8.919. Reporting of pollution or contamination.

In the event of contamination or pollution of the City’s distribution system due to a cross- connection on the premises, the local health officer and City shall be promptly advised by the person responsible for the premise so that appropriate measures may be taken to mitigate the contamination or pollution.

(§ 5, Ord. XXX, eff. April XX, 2025)

Article 7: Administrative Remedies

Sec. 6-8.920. Water service termination.

(a) If the City determines that water uses or conditions encountered represent a clear and immediate hazard to the City’s potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing water service. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following:

(1) Refusal to install a required backflow prevention assembly. (2) Refusal to test a backflow prevention assembly.
(3) Refusal to repair a faulty backflow prevention assembly. (4) Refusal to replace a faulty backflow prevention assembly. (5) Direct or indirect connection between the City’s distribution system and a sewer system.
(6) Unprotected direct or indirect connection between the City’s distribution system and a system or equipment containing contaminants. (7) Unprotected direct or indirect connection between the City’s distribution system and an auxiliary water system.
311

(8) A situation which presents an immediate health hazard to the City’s distribution system, as determined by the State Water Board, health agency or the City.

(b) For conditions described in §§ 6-8.921(a)(1)-(4), the City will terminate service to an applicant, owner, or customer’s premise(s) if no action is taken within the due date provided in the Notice of Non-Compliance as described in §§ 6-8.915(c). A final Notice of Violation shall be provided to the applicant, owner, or customer, prescribing the necessary actions to comply with this chapter, state, and federal regulatory requirements, and administrative penalties to restore water service. (b) Water service will be terminated and remain turned off until the assembly is tested and passes the test or other corrective action is taken and approved by the City in accordance with this chapter. Administrative fees to restore water service shall be paid in advance of the water being turned on.

(c) For conditions described in §§ 6-8.921(a)(5)-(8), the City will make reasonable effort to advise the applicant, owner, or customer of intent to terminate water service. Then, the City will terminate the water service and lock the service valve in the closed position. Water service will not be reinstated until correction of all violations has been approved by the City. Failure to correct the violations may result in permanent termination of water service in accordance with this chapter.

(§ 5, Ord. XXX, eff. April XX, 2025)
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Department: Economic Development
Prepared By: Charity Hernandez
Department:

Prepared By: Charity Hernandez
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

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

A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR

THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 434 NORTH EUCLID AVENUE

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing and adopt A Resolution of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 434 North Euclid Avenue, more particularly described as Assessor Parcel No. 1048-363-01 (the Property), is necessary for the Downtown Public Parking Project (the Project).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The deposit necessary to ﬁle the Resolution of Necessity for prejudgment possession of the Property is approximately $2,000,000. If approved, additional appropriations will be presented to City Council in a future Fiscal Year 2024-2025 Budget Update for approval.

BACKGROUND & ANALYSIS:

T
he Property consists of 1 (one) parcel located at 434 North Euclid Avenue, as shown on Exhibit 1, for the City of Ontario’s Downtown Public Parking Project. The City seeks to acquire a full fee interest in the parcel referenced above.

The City obtained an appraisal of the real estate from Benjamin Balos, MAI, of R.P. Laurain and Associates and made an oﬀer of just compensation to the property owner for the acquisition pursuant to California Government Code section 7267.2. Following standard public records and due diligence searches for ownership information, a
notice of the Resolution of Necessity hearing was
mailed to the Property owner on January 27, 2025 by regular U.S. Mail.

The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is 313
necessary to clear title to the property. In this case, an oﬀer of just compensation was made to the owner for the full Fair Market Value, as determined by an independent appraisal. City Staﬀ attempted to acquire the property voluntarily and in good faith, and will continue to do so throughout the process.

DESCRIPTION OF PROPERTY TO BE ACQUIRED:

The Property aﬀected by the proposed acquisition is
located within the City of Ontario, at 434 North Euclid Avenue, Ontario, California 91764.

HEARINGS AND REQUIRED FINDINGS:

The recommended actions of the City Council pertain to the acquisition property owned by Faisal Afsari and Nusrat Afsari.

California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the aﬀected property or their representatives a reasonable opportunity to appear and be heard on the following matters:
1 .

The public interest and necessity require the proposed project. 2 .

The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3 .

The real property to be acquired is necessary for the project. 4 .

The offer of just compensation has been made to the property owner.

The notice of hearing was mailed on January 27, 2025 by ﬁrst class mail to the property owner in accordance with Section 1245.235 of the California Code of Civil Procedure.

The above four required findings are addressed as follows:

The Public Interest and Necessity Require the Proposed Project The City's robust redevelopment activities have gained momentum over the last few years with the development of a new mixed-use project on corner of Euclid Avenue and C Street to the adaptive reuse of the former Bank of Italy building at 200 North Euclid into a multi-tenant restaurant building. The next signiﬁcant project is slated to break ground on the northeast corner of Euclid Avenue and D Street in 2025. This project will displace over 200 surface public parking spaces in Downtown which will negatively impact local businesses, the University of La Verne, City Hall and other uses in the Civic Center area.

The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
The proposed Project will indirectly support the creation of additional housing units in the Downtown as well as the Civic Center expansion. This project will assist by providing ample access
and parking for employees and the public as part of the City of Ontario’s Downtown Public Parking Project. This Project supports the City Council’s goals and objectives. The Property to be acquired is best suited for the Project and will cause the least private injury. To move this Project elsewhere would require signiﬁcant land use policy changes, cause a greater impact to local property owners, and would effectively be cost prohibitive.
314
The Real Property to be Acquired is Necessary for the Proposed Project The Property affected by the proposed acquisition is located within the City of Ontario, at 434 North
Euclid Avenue, Ontario, CA 91764, Assessors Parcel No. 1048-363-01 (owned by Faisal Afsari and Nusrat Afsari). The property is necessary for the Downtown Public Parking Project.

The Offer of Just Compensation Has Been Made
An appraisal was prepared by Benjamin Balos, MAI, of R.P. Laurain and Associates, to establish the Fair Market Value of the fee interest the City is seeking to acquire. An oﬀer of just compensation was made to the record owner to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible for the fee interest cited above, it would be appropriate to commence the procedures to acquire the fee interest through eminent domain.

ENVIRONMENTAL ANALYSIS:

Pursuant to the State of California Environmental Quality Act Guidelines Section 15183 there has been compliance by the City with the requirements of the California Environmental Quality Act.
315

EXHIBIT “1”
434 NORTH EUCLID AVENUE

EUCLID AVE

D STREET
316
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RESOLUTION NO. ________

A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT

DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 434 NORTH EUCLID AVENUE IN THE CITY OF

ONTARIO, COUNTY OF SAN BERNARDINO, CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 1048-
363-01, FOR THE ONTARIO DOWNTOWN PUBLIC PARKING
PROJECT, ONTARIO, CALIFORNIA.

WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest in certain real property located at 434 North Euclid Avenue, in the City of Ontario, County of San Bernardino, California, more particularly described as Assessor Parcel Number 1048-363-01, for the Ontario Downtown Public Parking Project. This new public parking garage is designed to provide approximately 400 parking spaces for both public and City use. The garage will be accessible via drive aisles connected to E Street and Lemon Avenue; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, March 4, 2025, at 6:30 p.m., at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.

NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:

SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

SECTION 2. Public Use. The public use of the real property interest to be acquired is to provide ample access and parking for employees and the public as part of the City of Ontario’s Downtown Public Parking Project, located in the City of Ontario, San Bernardino County, California. Section 37350.5 of the California Government Code 317
`
authorizes the City to acquire by eminent domain real property necessary for such purposes.

SECTION 3. Description of Property. Attached and marked as Exhibit A is the legal definition, descriptions and depictions of the real property to be acquired by the City, which describes the general location and extent of the properties to be acquired with sufficient detail for reasonable identification.

SECTION 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The fee simple interest described in Exhibit A is necessary for the proposed project;
(d) The offer required by Section 7267.2 of the California Government Code was made.

SECTION 5. Use Not Unreasonably Interfering with Existing Public Use:

Some or all of the real property to be acquired may be subject to easements and rights- of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the fee interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.

SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.

Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.

SECTION 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to 318
`
institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property.

SECTION 8. Effective Date. This Resolution shall take effect upon adoption.

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

PASSED, APPROVED, AND ADOPTED this 18th day of February, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
319
`

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. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held February 18, 2025 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. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held February 18, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
320

EXHIBIT A

321
“Fee,” also known as fee simple or fee simple absolute, grants to the City of Ontario absolute ownership in the property to be acquired.

LEGAL DEFINITION
City of Ontario
Ontario Downtown Public Parking Project
As to Assessor Parcel Number 1048-363-01
322

EXHIBIT A
Legal Description
For

APN/Parcel ID(s):
1048-363-01-0000

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THE WEST 78 FEET OF LOTS 4 AND 5, BLOCK 20, TOWN OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF

SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN

BOOK 9, PAGE 43

OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF LOT 6, BLOCK 20 OF SAID TOWN OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, BLOCK 20 AND RUNNING EASTERLY AS DISTANCE OF 30 FEET ALONG THE NORTHERLY BOUNDARY LINE OF LOT 6 OF SAID BLOCK; THENCE SOUTHWESTERLY TO A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 6, BLOCK 20, WHICH IS 20 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 6, BLOCK 20; THENCE NORTHERLY, A DISTANCE OF 20 FEET ALONG THE WEST BOUNDARY OF SAID LOT 6 TO THE POINT OF BEGINNING.
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Ontario City CouncilMarch 4, 2025

Ontario City Council
March 4, 2025