Agenda packet — Ontario City Council, March 4, 2025 (part 1 of 2)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
MARCH
4, 2025
City Hall
303 East B Street, Ontario, CA 91764

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

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

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

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

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

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

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

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

ATTACHMENT:

20250304 Closed Session

ACCOMMODATIONS

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

ORDER OF BUSINESS

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

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

Wapner, Bowman, Porada, Macias, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

Robert Sanchez v. City of Ontario and Jaime Molina, Superior Court of California, County of San Bernardino, Case No. CIVSB 2314386

GC 54956.9 (e)(5), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION:

Signiﬁcant exposure to litigation; a copy of the documented threat is available in the oﬃce of the City Clerk.

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 Pastor Kennedy, Mt. Zion Baptist Church

REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

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

AGENDA REVIEW/ANNOUNCEMENTS

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

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

CONSENT CALENDAR

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

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20250204 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A MAINTENANCE SERVICES AGREEMENT WITH NRC ENVIRONMENTAL SERVICES, INC. FOR

THE MILL CREEK WETLANDS DIVERSION LINE

ATTACHMENT:

20250304 MCW Diversion Line Maintenance Agreement

4. THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 2024-25

ATTACHMENT:

Annual Report FY 24-25 02^RESO^RM

ATTACHMENT:

DOIA ANNUAL REPORT 2024-2025^02 EXH A

5. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SOUTHLAND ROOFING, INC.

FOR ROOF REPAIRS AT THE PROPERTY LOCATED AT 411 NORTH PARKSIDE AVENUE Minutes for the regular meetings of the City Council and Housing Authority of February 4, 2025, and approving same as on file in the Records Management Department.

Bills January 31, 2025 through February 13, 2025, and Payroll January 12, 2025 through January 25, 2025.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Maintenance Services Agreement with NRC Environmental Services, Inc., of Long Beach, California, to provide diversion line maintenance services for the Mill Creek Wetlands facility in an amount not- to-exceed $353,991 for the initial three-year term; and B
.

Authorize the City Manager, or his designee, to extend the Agreement for up to two (2) additional one-year periods with any required future amendments consistent with City Council approved budgets up to a total five-year not-to-exceed amount of $507,991.

That the City Council adopt a Resolution determining that the Downtown Ontario Improvement Association (DOIA) Annual Report for Fiscal Year 2024-25 is consistent with the services provided.

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

ANNUAL REPORT SUBMITTED BY THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR FY 2024-25.

That the City Council authorize the City Manager, or his designee, to authorize Change Order No. 2 to the Construction Contract with Southland Rooﬁng, Inc, of Los Angeles, California, in the amount of $32,740 for a total not-to-exceed contract amount of $166,070 for the roof repair at the Ontario Housing Authority-owned property located at 411 North Parkside Avenue.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

20250304 Southland Roofing, Inc. Change Order #2 Request Form^01

ATTACHMENT:

20250304 Southland Roofing, Inc. Change Order #2^02.pdf

6. AN AMENDMENT TO THE SOFTWARE AGREEMENT WITH GREAT LAKES DATA SYSTEMS, INC.

TO SUPPORT ONTARIONET BILLING

ATTACHMENT:

Final_Amendment_1.pdf

7. AUTHORIZE THE PURCHASE OF BOLLARDS AND BOLLARD BASES WITH J.R. HOE, INC. FOR

THE DOWNTOWN BOLLARD INSTALLATION PROJECT

ATTACHMENT:

Agreement - BOLLARDS.pdf

8. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES INC. FOR ASSET MANAGEMENT PROGRAM REVIEW AND DEVELOPMENT

SERVICES

ATTACHMENT:

20250304 PSA with West Yost^03 AGMT.pdf

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NOSSAMAN LLP

FOR LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER AND WASTEWATER

MATTERS

ATTACHMENT:

20250304 PSA with Nossaman Amendment No. 1^01 AGTM.pdf

10. A C
ONSTRUCTION CONTRACT WITH RAMONA INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP INC., AND AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH AKM CONSULTING ENGINEERS INC., AND KLEINFELDER INC.,

FOR THE LAUREL AVENUE SEWER MAIN IMPROVEMENTS, NOCTA STREET SEWER MAIN That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement, with Great Lakes Data Systems (GLDS), Inc., of Wisconsin, for utility billing system software licensing, maintenance, support services in the amount of $70,720, plus a 15% contingency of $10,608, for a total not-to-exceed contract amount of $230,266, which includes the initial purchase and implementation.

That the City Council authorize the City Manager or his designee, to authorize the purchase of bollards and bollard bases in the amount of $246,141 from J.R. Hoe, Inc., of Middlesboro, Kentucky, for the Downtown Bollard Installation Project.

That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 2 to the Professional Services Agreement with West Yost & Associates Inc., of Davis, California, for Asset Management Program Review and Development Services in the amount of $1,449,126 for a new total not-to-exceed amount of $1,597,213, and a term from July 1, 2023 to June 30, 2028.

That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with Nossaman LLP of Los Angeles, California, for legal and technical services relating to water supply, water rights, and wastewater matters in the amount of $1,200,000 for a total not-to-exceed contract amount of $3,600,000 within the existing term of July 1, 2024, through June 30, 2026.

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

IMPROVEMENTS, AND NOCTA STREET PRIVATE SEWER LATERAL IMPROVEMENTS

ATTACHMENT:

Exhibit A.pdf

ATTACHMENT:

Exhibit B.pdf

ATTACHMENT:

20250304 CC with Ramona Inc^01 AGMT.pdf

ATTACHMENT:

20250304 PSA with AKM
Amendment No. 1^03 AGMT.pdf

ATTACHMENT:

20250304 PSA with Ardurra^01

ATTACHMENT:

20250304_PSA_with_KleinfelderAmendment_No. 8^05 AGMT.pdf

11. APPROVAL OF ALLOCATION AND SPENDING PLAN FOR THE BUREAU OF JUSTICE

ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE PROGRAM FOR FISCAL YEAR 2024

ATTACHMENT:

New Award Form_0001.pdf

ATTACHMENT:

FY2024 Award Package.pdf
That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT 1067 Laurel Avenue Sewer Main Improvements, UT 1070 Nocta Street Sewer Main Improvements, and UT 1077 Nocta Street Private Sewer Lateral Improvements to Ramona Inc., of Baldwin Park, California, in the amount of $4,340,420 plus a 15% contingency of $651,063, for a total not-to-exceed amount of $4,991,483, a term of 330 calendar days after issuance of notice to proceed, and authorize the City Manager, or designee to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

B
.

Approve and authorize the City Manager, or designee to execute a Professional Services Agreement with Ardurra Group Inc., of Newport Beach, California, for a total not-to- exceed amount of $111,272 for construction engineering services and a term from March 4, 2025 to March 4, 2027.

C
.

Approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with AKM Consulting Engineers Inc., of Irvine, California, for a total not-to-exceed amount of $1,136,778 for construction management and inspection services and a term from June 4, 2024 to June 4, 2027.

D
.

Approve and authorize the City Manager, or designee to execute Amendment No. 8 to the Professional Services Agreement with Kleinfelder Inc., of Ontario, California, for a total not-to-exceed amount of $1,691,206 for geotechnical and material testing services and a term from February 7, 2023 to February 7, 2027.

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.

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

12. 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

ATTACHMENT:

20250304 Ordinance FINAL 01^ORD^RM

ATTACHMENT:

20250304 Exhibit A Chapter 8B FINAL.pdf

ATTACHMENT:

20250304 Exhibit B Chapter 8C FINAL.pdf

ATTACHMENT:

20250304 Exhibit C Chapter 8D FINAL.pdf

ATTACHMENT:

20250304 Exhibit D Chapter 8E FINAL.pdf

13. 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 Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

That 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.

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.

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).

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

ATTACHMENT:

434 North Euclid Staff Report Exhibit 1^01.pdf

ATTACHMENT:

434 North Euclid Resolution of Necessity 02^RESO^RM

ATTACHMENT:

434 North Euclid Reso Exhibit A^03.pdf
NUMBER 1048-363-01, FOR THE ONTARIO DOWNTOWN PUBLIC PARKING PROJECT, ONTARIO, CALIFORNIA.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS
Board and Commission Appointments
Council Appointments

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

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) March 4, 2025
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

Robert Sanchez v. City of Ontario and Jaime Molina, Superior Court of California, County of San Bernardino, Case No. CIVSB 2314386
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC 54956.9(e)(5) CONFERENCE WITH LEGAL COUNSEL
Significant Exposure to Litigation; a copy of the documented threat is available in the office of the City Clerk.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
9 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
FEBRUARY 4, 2025
(Not Official Until Approved)
(Not

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, February 4, 2025 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:03 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Porada, and Daisy Macias
ABSENT: Council/Authority Members: None

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced.

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 6:04 p.m. for discussion of the following:

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario, et al. v. Inland Empire Utilities Agency, Los Angeles Superior Court Case No. 24STCP02321

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:38 p.m. for the regular session. 10 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – February 4, 2025

Page 2 of 4 ends

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Porada.

INVOCATION
Invocation was led by Pastor Adam Olayiwola, Joyful Nations Ministries.

REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.

SPECIAL CEREMONIES
The City Council recognized the outgoing Executive Director of Community Development, Scott Murphy.

PUBLIC COMMENT
Assistant City Clerk Isbell announced that there was one written comment:

Tyler Valdes, regarding solar on multifamily housing.

Mayor Leon called upon the first speaker:

Tommy Mushegain, spoke about campaign statements and local development.

Roxanna Gracia, representative from Assemblymember Michelle Rodriguez’s office, introduced herself and announced upcoming events.

Nadya Bahena, representative from Assemblymember Robert Garica’s office, introduced herself and announced upcoming events.

Karen Haughey, representative from San Bernardino County Board Supervisor Curt Hagman’s office, announced upcoming events.

AGENDA REVIEW/ANNOUNCEMENTS
The were no announcements made.

CONSENT CALENDAR
MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of January 7, 2025, and approving same as on file in the Records Management Department.
11 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – February 4, 2025

Page 3 of 4 ends

2. BILLS & PAYROLL
Approved bills January 7, 2024 through January 16, 2025, in the amount of $50,485,346.44, and Payroll December 15, 2024 through December 28, 2024 in the amount of $5,980,892.26.

3. A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE 2025 SPRING ALLEY CDBG PAVEMENT REHABILITATION PROJECT The City Council took the following actions:

A. Authorized the City Manager or his designee to execute a Construction Contract with Onyx Paving Company, Inc., of Anaheim, California, for the 2025 Spring Alley CDBG Pavement Rehabilitation Project in the amount of $777,000 plus a 10% contingency of $77,700 for a total not-to-exceed contract amount of $854,700; and
B. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

4. AN ORDINANCE AMENDING CERTAIN SECTIONS UNDER ARTICLE 16 TO CHAPTER 6 OF TITLE 4 OF THE MUNICIPAL CODE RELATED TO PARKING

PENALTIES AND CITATIONS
The City Council adopted an Ordinance amending Sections 4-6.1602 (Penalties:

Citations), 4-6.1603 (Penalties: Citations: Method of Payment), and 4-6.1604 (Penalties: Citations: State-mandated added penalties) under Article 16 (Violations and Penalties) to Chapter 6 (Trac) to Title 4 (Public Safety) of the Municipal Code ("Code"). The introduction and first reading took place at a regular meeting of the City Council on January 21, 2025.

ORDINANCE NO. 3295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS UNDER ARTICLE 16 TO CHAPTER 6 OF TITLE 4 OF THE MUNICIPAL CODE RELATED TO PARKING PENALTIES AND CITATIONS.

5. APPROVAL OF THIRD AMENDMENT TO THE 2007 JACK GALVIN MOBILE

HOME PARK ACCORD
The City Council approved a five-year extension and the third amendment to the 2007 Jack Galvin Mobile Home Park Accord between the City of Ontario and owners of the mobile home parks within the City of Ontario and establishing maximum rent adjustments.
12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – February 4, 2025

Page 4 of 4 ends

PUBLIC HEARING

6. A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO PDCA24-004, REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS The City Council continued the public hearing to the next regular meeting on February 18, 2025.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to continue the item to February 18, 2025.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Macias made no comments.

Council Member Bowman made no comments.

Mayor pro Tem Wapner made no comments.

Council Member Porada spoke on the importance of local control.

Mayo Leon made no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:05 p.m., and announced the next regular meeting was scheduled for February 18, 2025.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
13 Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea M Lopez, Bonnie
Tam
Approved By:

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

A MAINTENANCE SERVICES AGREEMENT WITH NRC ENVIRONMENTAL SERVICES, INC. FOR THE MILL CREEK WETLANDS DIVERSION LINE

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Maintenance Services Agreement with NRC Environmental Services, Inc., of Long Beach, California, to provide diversion line maintenance services for the Mill Creek Wetlands facility in an amount not-to-exceed $353,991 for the initial three-year term; and
B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Special Assessment Administration Fund for the maintenance and repair of the Mill Creek Wetlands Facility.

The total contract cost for Fiscal Year 2024-25 is $181,810 plus a 10% contingency of $18,181 for a total amount of $199,991. The annual contract amount for each subsequent year is $70,000 plus a 10% contingency of $7,000 for a total amount of $77,000. The contract amount for the initial three- year term shall not exceed $353,991. At the discretion of the City, the contract may be extended for up to two additional one-year periods for a projected additional contract amount of $154,000 with any increase to billing rates to be negotiated for each year, consistent with the City Council approved budget. The total not-to-exceed contract amount is $507,991 over ﬁve years.

Appropriations for future ﬁscal years will be included in Special Assessment Administration funds for Maintenance Services for the Mill Creek Wetlands in the respective ﬁscal years' budgets for City 14 Council consideration and approval.

BACKGROUND & ANALYSIS:

The Mill Creek Wetlands is a 40-acre natural water treatment facility that also provides recreation and a native habitat. The Diversion Line directs a portion of the ﬂows from the Cucamonga Creek Channel into a forebay which leads to the wetlands.

The Diversion Line
is currently obstructed, and ﬂows are unable to travel through the line to the wetlands. An initial cleanup is necessary, followed by regular inspections and additional cleanup as necessary.

On December 17, 2024, the City solicited proposals for Invitation No. 1860 Mill Creek Wetlands Diversion Line Maintenance Services. The City received two proposals from the following companies and has evaluated them based on their qualiﬁcations, resources, past experiences with similar projects, staff qualifications and references.

COMPANY

LOCATION
Mike Prlich and Sons, Inc.

Baldwin Park, CA
NRC Environmental Services, Inc.

Long Beach, CA

Based on the quality of their proposal, their detailed method to accomplish the work, and their overall qualiﬁcations and experience with similar projects, Staﬀ recommends awarding the Maintenance Services Agreement to NRC Environmental Services, Inc. 15 46700.00100\40935194.1

(BB&K 2018) - 1 - MAINTENANCE SERVICES AGREEMENT

CITY OF ONTARIO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ___ day of ________, 20__, 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 NRC Environmental Services Inc. a Washington Corporation with its principal place of business at 3777 Long Beach Blvd., Ste. 100 Long Beach, CA 90807 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing Diversion Line Maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Mill Creek Wetlands Diversion Line Maintenance Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to f ully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM

ALAN D. WAPNER
JIM W. BOWMAN

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

16 46700.00100\40935194.1

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

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 4th, 2025 to March 4th, 2028 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one- year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred twenty-one thousand, eight hundred and ten dollars ($321,810) without written approval of City ’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.2.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3.3 Responsibilities of Contractor.

3.3.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. 17 46700.00100\40935194.1

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

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

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

3.3.5 Contractor’s Representative. Contractor hereby designates Sergio Ortiz, Territory Sales Executive, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative”). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

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

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

3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business L icense, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this 18 46700.00100\40935194.1

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

Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.8 Period of Performance

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

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

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

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

3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
19 46700.00100\40935194.1

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

3.3.10 Laws and Regulations; Employee/Labor Certifications.

3.3.10.1 Compliance with Laws . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and re gulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and w ithout giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

3.3.10.4 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Con tractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including 20 46700.00100\40935194.1

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

in those verifications provided to the Contractor under Section 3. 3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

3.3.10.7 Water Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and th e Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Ci ty, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive 21 46700.00100\40935194.1

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

adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list o f training programs that meet the requirements of this paragraph.

3.3.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insuranc e it deems necessary and any premium paid by the City will be 22 46700.00100\40935194.1

BB&K (2023) - 8 - MAINTENANCE SERVICES AGREEMENT

promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work ; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance , deductible, or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance , deductible, or self- insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. 23 46700.00100\40935194.1

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

(D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

3.3.11.8 Verification of Coverage . Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City re serves the right to require complete, certified copies of all required insurance policies, at any time. 24 46700.00100\40935194.1

BB&K (2023) - 10 - MAINTENANCE SERVICES AGREEMENT

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

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

3.3.13 Bonds.

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

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

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

3.3.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The 25 46700.00100\40935194.1

BB&K (2023) - 11 - MAINTENANCE SERVICES AGREEMENT

surety must be a California -admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3.14 Work Site.

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

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

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

3.3.16 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufactu rer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been 26 46700.00100\40935194.1

BB&K (2023) - 12 - MAINTENANCE SERVICES AGREEMENT

transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming w ork and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.4 Labor Code Requirements.

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

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

3.4.3 Registration/DIR Compliance . This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop order s issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising ou t of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any cl aim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 27 46700.00100\40935194.1

BB&K (2023) - 13 - MAINTENANCE SERVICES AGREEMENT

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

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

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

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contra ctor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such 28 46700.00100\40935194.1

BB&K (2023) - 14 - MAINTENANCE SERVICES AGREEMENT

claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.7 General Provisions.

3.7.1 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agree ment 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 Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Sub contractor(s)”) unless approved by the City as s et forth in Section 3.7 .2.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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

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:

Contractor:

NRC Environmental Services Inc.
3777 Long Beach Blvd., Ste. 100
Long Beach, CA 90807
Attn: Sergio Ortiz, Territory Sales Executive
29 46700.00100\40935194.1

BB&K (2023) - 15 - MAINTENANCE SERVICES AGREEMENT

City:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Henry Pham, Engineering Department
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 not ice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

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

3.7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease 30 46700.00100\40935194.1

BB&K (2023) - 16 - MAINTENANCE SERVICES AGREEMENT

of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

3.7.14 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.

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

3.7.16 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.

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

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

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

31 46700.00100\40935194.1

BB&K (2023) - 17 - MAINTENANCE SERVICES AGREEMENT

SIGNATURES NEXT PAGE

32 46700.00100\40935194.1

BB&K (2023) - 18 - MAINTENANCE SERVICES AGREEMENT

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND NRC ENVIRONMENTAL SERVICES INC.

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

CITY OF ONTARIO NRC Environmental Services Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number
Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
33 46700.00100\40935194.1

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

EXHIBIT “A”

SCOPE OF SERVICES
34 46700.00100\33865500.1

Ex. A - 1 (BB&K 2020)

EXHIBIT “A”

PROPOSED SCOPE OF SERVICES

A. General

It is understood that all references to Contractor refer to that Offeror that is ultimately awarded a Contract for this solicitation.

The services to be performed, in general, consists of general preventative maintenance, extraordinary maintenance, and additional maintenance of the Mill Creek Wetlands Diversion Line that are the responsibility of the City of Ontario in accordance with this Scope of Services. The Contractor is to furnish all tools, equipment, apparatuses, facilities, labor services and materials, and perform all work necessary to maintain in a good and workmanlike manner.

The Contractor’s performance under this Agreement shall be at the highest level of promulgated in the industry.

For purposes of this contract, a month is defined as a calendar month. A year is defined as a year from the date of the Notice to Proceed. Also, Scope of Services and Scope of Work are used synonymously in this document.

No work shall occur during the nesting bird season without Project Biologist approval.

B. Personnel

The Contractor is hereby informed that the work required in this maintenance agreement includes entry into confined spaces as defined by Article 108, Section 5157(b)(1)(2)(3), of the General Industry Safety Orders. “Permit Space” entry is allowed only through compliance with all Federal, State, Local, and Cal/OSHA safety regulations. The Contractor shall be responsible for ensuring that any employee entering a confined space shall undergo substantial training and/or have experience that demonstrates knowledge and a level of understanding of the potential hazards associated with entry into a confined space. The Contractor shall also designate in writing to the Project Engineer, name of the person responsible for the supervision and direction of the implementation of measures taken for compliance with the confined space entry requirements.

The Contractor shall conform to all regulations and requirements listed in the Construction Safety Orders issued by the State of California, Department of Industrial Relations, Division of Safety (Cal/OSHA). The Contractor shall familiarize him or herself, and all affected personnel, with all sections of Article 4, Dust, Fumes, Mists, Vapors, and Gases of said Construction Safety Orders before directing his personnel to enter into any confined space for any reason.

C. Equipment

The Contractor shall provide all required tools, equipment, apparatus, facilities, skilled labor services, and materials, etc., to perform all necessary work. Vehicular access to the entrance of the diversion line is available and will be provided.

35 46700.00100\33865500.1

Ex. A - 2 (BB&K 2020)

D. Notification

The Contractor shall call and confirm via e-mail the morning of each day if there is any planned extraordinary maintenance that is directed to take place that day. The Contractor shall notify the Engineer, or his authorized representative, of the proposed maintenance, specifying the type of maintenance, location, and the approximate time of day. If work is commenced without obtaining approval from the City, payment will not be made until City staff can inspect the work.

E. Work Plan

The Contractor shall provide a thorough work plan to the City including, but not limited to the following items:

a. What types of equipment and vehicles will be required. b. Amount and type of personnel that will be required.
c. How the sediment, trash, and foreign objects will be removed and hauled off from the site.
d. Schedule of work.

F. Initial Cleanup

The Contractor shall thoroughly inspect the diversion line and provide a written summary of the current condition of the line. This shall include the current levels of sediment, amount of trash, and any significant foreign objects within the line. The summary will be provided to the City before the initial cleanup commences.

Once the City notifies the Contractor to begin the cleanup, the Contractor shall follow the work plan to clean the diversion line.

After the work is completed, the Contractor shall provide video of the diversion line to the City for verification.

G. Routine Cleanup

After the initial cleanup, the Contractor shall conduct quarterly inspections of the diversion line. The inspection will include a video of the current condition and an assessment of the line. The assessment shall include the current levels of sediment, debris, and any significant foreign objects within the line. The summary will be provided to the City, and then it will be determined if cleanup is necessary.

If cleanup is deemed necessary, the Contractor will conduct the cleanup of the diversion line.

After the work is completed, the Contractor shall provide video of the diversion line to the City for verification.

36 Republic Services, Long Beach, CA 14 December 17, 2024

CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860

7. PROPOSED METHOD TO ACCOMPLISH THE WORK
We have carefully read the RFP and Addendum 1. We fully understand the scope of work and are confident in our ability to deliver a safe and successful project at a competitive price.

Objective
Clean the subject diversion line safely and to a high standard of thoroughness so that water flows freely, in accordance with all contract terms and the City’s expectations.

Schedule
• We expect to complete the diversion line cleaning in 11 work days. • We expect each quarterly maintenance assessment to take 3 days.

A tentative project schedule is provided below in Table 3. Fine-tuning of this schedule is one of the items that will be discussed in the project kick-off meeting.

Table 3. Schedule
Phase Dates Work Hours Per Day Work Days
Blockage and General Line
Condition Assessment March 17, 2025 10 hours 1
Line Cleaning and Objective
Third Party CCTV Inspection March 19 - April 2, 2025 10 hours 10 Future Quarterly Preventative
Maintenance TBD by the City 10 hours 3

Potential Challenges and Solutions
This is a relatively straightforward cleaning project for us, However, there are some challenges, including;
• Acute focus on safety:
✓ Developing a failsafe safety plan (to be reviewed and approved by the City’s Construction Manager and Safety Manager).
✓ Sufficient CSE-trained personnel (entry/attendant/rescue/supervisor) with underground pipeline cleaning experience on-site at all times. • Delays in communication, receiving answers to questions, etc. • Traffic control and construction activity management. • Efficient access to line entry points.

The City can rest assured that our Project Manager Frank Medrano is:
37 Republic Services, Long Beach, CA 15 December 17, 2024

CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860 • Comfortable working in challenging environments.
• Acutely focused on safety.
• A good communicator.
• In possession of the technically skills necessary to deliver this project successfully.

Upon award, provide whatever documents the City requires (e.g., Insurance certificates, Coffer Dam Design-Build Plan, SSHSP, Emergency Response Plan, permits, etc.).

Project Kick-Off Meeting
• Establish a Communication Plan to share contact details and preferred methods/times/ frequency for communication.
• Identify a suitably sized, safe and secure staging area. • Identify initial and final waste storage and disposal procedures and locations. • Discuss and fine-tune the Project Schedule, including customer deliverables. • Discuss and fine-tune Work Plan.
• Discuss and understand all City expectations from pre-planning to project close out.

Vehicles & Equipment
The primary vehicles and equipment we will use during the project are noted below. • Kaiser “EcoCycler” jetting truck
• 70 BBL vacuum truck
• Ford F250 4X4 truck with winch
• Ford F550 flatbed truck
• Confined space davit system
• Confined space rescue trailer (with
SCBA , fresh air system and confined
space rescue and entry equipment.
• Bobtail roll-off
• 4 gas meter multi-rae
• Ridgid CCTV line video system
Personal Protective Equipment (PPE)
• Level B-C.

Technology
• Secure computers, laptops, smart phones (pre-loaded with colleagues’ cell phone numbers and various industry-specific software for immediate access to project-specific plans, forms, reports, etc.).
• Copiers, office supplies, etc.12).

38 Republic Services, Long Beach, CA 16 December 17, 2024

CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860 Project Activities
Mobilization
Prepare Site Specific Health & Safety Plan, and applicable Job Hazard Analyses (JHAs) . De ploy proper spill prevention measures, traffic/pedestrian control plan, install storm water best management practices (BMPs), lock-out/tag-out, as applicable.

Put in place confined space entry and rescue equipment when required at each manhole to execute a proper assessment of the diversion lines.

Perform Diversion Line Assessment
Utilize 4-person crew to enter the diversion line at each manhole (5 manholes) under confined space permit . T eam will don Level B PPE with SCBAs to determine air breathing levels and appropriate PPE levels, once concrete culvert atmosphere levels are taken and Field Supervisor determines required respirator breathing protection. The crew will enter accordingly and perform line assessment and CCTV will be used to determine restriction location and type. Confined space entry will be undertaken at each manhole and measurements of sediment for each concrete culvert will be obtained. We will then schedule a meeting with city representatives to determine if the current work plan can be executed or if it needs revision.

Diversion Line Cleaning to Remove Sediment and Debris
Utilize vactor/jetting combination unit to remove sediment and debris with high pressure specialty nozzle from diversion line 3’x6’ concrete culverts. Use preferred jetting unit ”Kaiser EcoCycler” which has the capacity to recycle rinse water to avoid generating water and minimizing separation of rinse water from sediment ; thereby reducing water usage and waste transport and disposal costs. All sediment will be placed in dewatering boxes. Large debris will be segregated and stockpiled to ensure the process of sediment decanting is expedited.

Dewatering boxes will be decanted and hauled off to the local landfill and debris will be hauled off in 40 yard bin containers. In some areas of the diversion line it is presumed personnel will be required to enter through manholes under a confined space entry permit to manually or mechanically remove debris with a winch and by other mechanical means. An objective and independent CCTV video inspection will be conducted by NorCal Pipeline (in a subcontractor capacity) to validate the quality and thoroughness of NRCES’s cleaning services.

Transport Debris and Sediment of Site
Before transporting dewatering bins containing sediment, waste will be sampled and analyzed for metals and other contaminants for landfill profile approval. We will e nsure dewatering bins are carrying maximum loads of sediment and debris with minimum liquid for disposal to a l ocal landfill. We will p rovide weight tickets to confirm the tonnage weight of each load. Our Field 39 Republic Services, Long Beach, CA 17 December 17, 2024

CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860 Supervisor and Project Manager will schedule a meeting onsite with City representatives to ensure all waste has been removed from the diversion line and no debris remains onsite.

Demobilization
NRCES will s ubmit a final project report to the City with the accompanying CCTV video, project pictures, and a summary of the onsite daily activities. We will also submit to the City weight tickets along with bill of ladings for each waste load transported offsite for disposal . We will e nsure all manhole openings are secured and all personnel, equipment, tools, and supplies used during the project are demobilized.

Deliverables
A list of deliverables is provided below in Table 4. This is one of the items that can be fine -tuned during the project kick-off meeting.

Table 4. Deliverables

Description Schedule
Project Kick-Off Meeting – Memorandum of Understanding & Acceptance of Final Terms & Conditions Within 7 Workdays of Meeting Additional Site Visit Summar (if applicable) Within 7 Workdays of Visit New/Revised Waste Profiles (and Analytical Lab Results) Within 5 Workdays of Completion
Properly Prepared Shipping Documents (total weights listed on manifests must accurately reflect the hazardous waste in the tanker, not the capacity of the transport container) Within 10 Workdays of Profile
Completion
Correctly Completed Invoice with Required CCTV Video and Other Supporting Documents & Images
Within 30 Days of Project
Completion
Final Signed Manifest (sent to purchaser directly by disposal facility)
Within 45 Days of Collection
Event

Additional Tasks
We recommend quarterly preventative maintenance services. If the City would like us to perform these or any other industrial cleaning, hazardous waste, or environmental emergency response services, we would be pleased to hear from you. As requested, hourly labor rate information is provided with our fee proposal in the following section of this proposal.

40 46700.00100\40935194.1

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

EXHIBIT “B”

SCHEDULE OF SERVICES
41 Republic Services, Long Beach, CA 14 December 17, 2024

CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860

Objective
Clean the subject diversion line safely and to a high standard of thoroughness so that water flows freely, in accordance with all contract terms and the City’s expectations.

Schedule
• We expect to complete the diversion line cleaning in 11 work days. • We expect each quarterly maintenance assessment to take 3 days.

A tentative project schedule is provided below in Table 3. Fine-tuning of this schedule is one of the items that will be discussed in the project kick-off meeting.

The City can rest assured that our Project Manager Frank Medrano is:
42 46700.00100\40935194.1

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

EXHIBIT “C”

COMPENSATION
43 CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860 Republic Services, Long Beach, CA 18 December 17, 2024

8. FEE PROPOSAL
NRCES will perform the required diversion line cleaning services to a high standard of safety, quality, and thoroughness for a not-to-exceed price of: $251,810.00 A breakdown is provided below in Table 5.

Table 5. Price Breakdown

Item Description Unit Unit Price QTY Extended Price
1 Initial Diversion Line Assessment Each $17,985.00 1 $17,985.00 2 Diversion Line Cleaning Services Daily $9,250.00 10 $92,500.00 3 Confined Space Entry Services Daily $6,985.00 5 $34,925.00 4 Disposal of Debris and Sediment Ton $100.00 100 $10,000.00 5 Transportation to Disposal Facility Trip $2,000.00 6 $12,000.00 6 Delivery and Return of Empty Bin Containers Each $1200.00 12 $14,400.00 Total $181,810.00

Table 6. Price Breakdown

Item Description Unit Unit Price QTY Extended Price
1 Quarterly Inspection of Diversion Line
(If a restriction is immediately located during
quarterly inspection , crew will be instructed to
advise the city representative. Following city
approval, we will schedule date/time to clean
the diversion line and a diversion line cleaning
services and or line -item rate will be charged.)
Each $8,250.00 4 $33,000.00
2 Diversion Line Cleaning Services If Needed and
approved
Each $9,250.00 4 $37,000.00
Total $70,000.00

FOR FY 24-25

FOR SUBSEQUENT YEARS
44 CITY OF ONTARIO
Mill Creek Diversion Line Maintenance Svs. | RFP No. 1860 Republic Services, Long Beach, CA 18 December 17, 2024

Additional Work
As requested, in the event the City would like us to perform additional work, California Prevailing Wage labor rate information is provided below. A much more detailed labor and equipment rate sheet can be provided, upon request.
• Field supervisor: $113.00 per hr.
• Field Supervisor OT: $146.00 per hr.
• Laborer Group 1: $113.00 per hr.
• Laborer Group 1 OT: $146.00 per hr.
• Teamster Group 4: $115.00 per hr.
• Teamster Group 4 OT: $147.00 per hr.
• Operating Engineer Group 4: $144.00 per hr.
• Operating Engineer Group 4 OT: $190.00 per hr.

If the City would like our detailed labor and equipment rate sheets (scheduled and emergency response), we would be pleased to provide them, upon request. 45 46
47 48
49 50
51 46700.00100\40935194.1

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

52 Department: Economic Development
Prepared By: Karla Tavera
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

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

THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 2024-25

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution determining that the Downtown Ontario Improvement Association (DOIA) Annual Report for Fiscal Year 2024-25 is consistent with the services provided.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2024-25 Adopted Budget allocates

$141,000 for property tax
assessments of City-owned properties and $27,300 for assessments of Ontario Housing Authority properties.

BACKGROUND & ANALYSIS:

On August 20, 2019, the City Council approved the establishment of the Downtown Ontario Community Beneﬁt District (CBD) with an initial ﬁve-year term. Following its success, the Council renewed the district for a 10-year term on January 16, 2024. The CBD continues to play a key role in enhancing services and improvements for Downtown property owners, driving economic growth, and increasing property values.

In accordance with California Streets and Highways Code Section 36650, the Downtown Ontario Improvement Association (DOIA) is required to prepare an Annual Report each ﬁscal year, detailing the use of assessment funds. This report aligns with the District Management Plan and focuses on Civil Sidewalk Improvements, Marketing/District Identity/Placemaking, and Administration.

T
he Annual Report, attached, outlines the assessment methodology, which is based on parcel size, street frontage, and building size. Assessments are levied exclusively within the district and allocated according to these factors. As a property owner in the DOIA district, the City of Ontario and the Ontario Housing Authority must pay assessments. These total $141,000 for property tax
assessments of City-owned properties and $27,300 for assessments of Ontario Housing Authority properties.
53 The report below provides a budget breakdown for Fiscal Year 2024-25, as approved by the DOIA Board of Directors, see below:

Services Category
Amount Allocated
Percent of Total Budget
Civil Sidewalks
$258,154.40
52%
District Identity/Placemaking
$67,479.52
13%
Administration/Contingency
$175,315.21
35%
Total
$500,949.13
100%

Staff recommends adoption of the resolution as presented. 54 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE ANNUAL REPORT SUBMITTED BY

THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION FOR

THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR
FY 2024-25.

WHEREAS, on January 16, 2024, the City Council approved a Management District Plan entitled the “Downtown Ontario CBD Management District Plan” (the “Management District Plan”).

WHEREAS, the City Council conducted the public hearing on January 16, 2024 , at which ballots cast in favor of and in opposition to proposed assessment and renewal of the Downtown Ontario Community Benefit District ( "CBD”) for a ten- year term were tabulated; and
WHEREAS, of the ballots cast , property owners representing a majority of the total assessments voted in favor of the proposed assessment and renewal o f the CBD; and
WHEREAS, Streets and Highways Code Section 36650 requires the improvement association of a property-based community benefit district submit an Annual Report to the legislative body for approval beginning its second year of operation and each year thereafter; and
WHEREAS, the Downtown Ontario Improvement Association (“DOIA”) has submitted its Annual Report for FY 2024-2025 for approval by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario, California, as follows:

SECTION 1. The City Council has reviewed the Annual Report for FY 2024-2025 submitted by the Downtown Ontario Improvement Association and determined that the Annual Report presented is consistent with the services and improvement components outlined in the approved Management District Plan.

SECTION 2. That the Annual Report for FY 2024-2025 is hereb y approved in substantially the form submitted and attached hereto as Exhibit A.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
55 PASSED, APPROVED, AND ADOPTED this 4th day of March, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
56 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 March 4, 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 March 4, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
57 Downtown Ontario
Community Benefit District

ANNUAL REPORT
December 1, 2024
to
November 30, 2025
January 3, 2025
Prepared By: Downtown Ontario Improvement Association
Ismael Arias
Executive Director
425 N. Euclid Ave.

Ontario, CA 91762
(909) 706-7877
58 ANNUAL REPORT
December 1, 2024 to November 30, 2025
This Annual Report is being submitted to the City Council of the City of Ontario to outline current and past improvements, activities, expenses, budgets and assessments for the Downtown Ontario Community Benefit District ("CBD") for the fiscal year 20 24 - 2025. This annual report presents the budget and assessments approved by the DOIA Board of Directors on November 21, 2024.

EXECUTIVE SUMMARY

The sixth year of the Downtown Ontario CBD continues with the full implementation of services that have proved to be effective for the properties located within the district boundaries.

Also, the DOIA Executive Director manages and oversees the day-to-day operations to benefit downtown property owners and merchants. The Downtown Ontario CBD has been receiving the benefit of a 7-day maintenance ambassador program as well as marketing and advocacy initiatives.

All environmental and economic enhancements within the CBD augment, rather than replace services provided by the City of Ontario.

The Downtown Ontario Improvement Association (“DOIA”), the CBD’s governing body, continues to contract maintenance services from District Maintenance Services, Inc. a professional service provider. A truck and pressure washing machine continue to be in service provided by District Maintenance Services, Inc. to enhance the cleaning of sidewalks and gutters throughout downtown. DOIA is maintaining several pet clean-up stations, as a pilot program on the Euclid median. DOIA also installed, decorative street pole banners, seasonal Autumn décor and worked with city staff to continuously activate open spaces to attract visitors to Downtown Ontario. In early 2024 DOIA finalized the process of renewing the Downtown Ontario Community Benefit District for an additional ten years extending is life span to December of 2035.

To further enhance the positive image of Downtown Ontario the DOIA is continuously updating its website www.DowntownOntario.org and uses various social media accounts such as, Instagram, Facebook, TikTok, and Threads in order to promote the Downtown as a whole, its businesses and its many community events , this year marking a milestone of more than ten thousand followers on Instagram, as well as assisting in producing and promoting special events.

DOIA will continue to provide the services established and expand those services in this 2024 - 2025 fiscal year.

1 59

ADMINISTRATION
BOARD OF DIRECTORS:

President: Alex Baroian
Vice President: Rick Byrd
Secretary: Peggi Hazlett
Treasurer: Maria Razo
Member: Maria Martinez
Member: Justin Ma
Member: Damien Melle
Member: Jack Gingold
Member: Jennifer Hiramoto
Member: David Puscizna
Member: Jerry Rowley
Member: Rolando Saldaña
Member: Octavio Vazquez

KEY PERSONNEL:

Executive Director: Ismael Arias

Contracted Service Providers:

Maintenance Contractor: District Maintenance Services, Inc.

Auditor: Smith Marion & Co.

Social Media: Stay Hot Capital 13,LLC.

DOIA Meetings:

Board of Directors:
3rd Thursday of the month at 9:00am at 425 N. Euclid Ave.

District Identity & Placemaking Committee:
2nd Thursday of the month at 10:00am at 425 N. Euclid Ave.

Civil Sidewalks Committee: 2nd Thursday of January, March, May, July and October at 9:00am at 425 N. Euclid Ave.

In addition, every year the DOIA holds an Annual Meeting where all property owners are invited for a special report, board elections and discussion on DOIA’s programs and services. The Annual Meeting is held o n a date determined by the DOIA Board of Directors . The Annual Meeting for Fiscal 2023-2024 was held on October 3rd, 2024, a video summary was presented and is available for viewing on our website at downtownontario.org. In addition to this Annual Meeting, DOIA Hosted its first Downtown Mixer at the new Mule Car Smokehouse, where merchants, property owners, and other stakeholders were invited, and the summary video was also presented.

2 60

ACTIVITIES AND IMPROVEMENTS

Civil Sidewalks: The 2024-2025 budget is $258,154.40 The civil sidewalks committee oversees civil sidewalk operations. The DOIA contracts with a maintenance service provider for two full time maintenance ambassadors to perform power washing, trash clean up, sidewalk and gutter sweeping along with other maintenance duties. One pickup truck equipped with a power washer provided by the maintenance provider along with two trash carts have been placed into service to facilitate operations. Since its creation, DOIA has funded over 27,000-man hours dedicated to cleaning and maintenance services within the downtown.

On-going and future projects:

▪ Seven days a week maintenance ambassador service:

▪ Regular sidewalk and gutter sweeping. (in 2024, A total of 2,785, 45 -gallon bags; approximately 52,219 pounds of litter picked up, and 157 clean ups of bio waste) ▪ Regular sidewalk power washing (in 2024, 228 full city blocks pressure washed) ▪ Trash can emptying.
▪ Timely graffiti, stickers and poster removal, within 24 hours as necessary. (In, 2024 a total of 1,595 pieces of graffiti, stickers, and posters removed.) ▪ Shopping cart removal, (In 2024, 89 shopping cars returned to business or removed from the district.)
▪ Maintenance of existing and new public spaces.
▪ Beautification of the district.
▪ DOIA continues to work with the City of Ontario Utilities Dept. to address overflowing, illegal dumping and cleanliness of dumpsters and alleys in the Downtown. (In 2024, 70 reports filled: including broken city property, extensive graffiti, and illegal dumping.)
▪ DOIA uses environmentally friendly quiet leaf blowers and push trash carts have to facilitate sidewalk clean up.
▪ DOIA continuously maintains two Pet cleanup stations on the Euclid median between “D” Street and “E” Street and intends to install more in during this fiscal year. ▪ DOIA has assisted various community nonprofit organizations as well as the city of Ontario with community event clean up assistance i.e., 3rd Saturday in DTO Art District , Ontario Arts Festival, Holiday of Lights parade , Cruisin Reunion Car Show, Downtown Ontario Night Market.
▪ DOIA continuously assists downtown property owners with filling “No Trespassing” forms with Ontario Police Department in an effort to prevent damage to their properties and to help address quality of life issues.
▪ DOIA also servers as an after hours resource for Ontario Police Department for contacting Downtown property owners for emergency purposes.
▪ DOIA is also continuously working with downtown prope rty owners to remove acid etching damage from their store front windows.
▪ DOIA Ambassadors have performed 106 homeless outreaches relating to business calls and disturbances.
▪ DOIA is continuously working closely with O ntario Police Department to address manners affecting the downtown.

3 61
District Identity/Placemaking : The 20 24-2025 District Identity/Placemaking budget is $67,479.52. The District Identity committee oversees and implements placemaking programs. In addition to ongoing social media p romotion, advertising and spearheads efforts into attract ing visitors into the Downtown. The printing and deployment of lawn signs, postcard and QR coded posters, which lead visitors to the Downtown Ontario website and social media platforms. The district identity committee has continued to invest in the Downtown Ontario banner program. It also continues to partner with City of Ontario , and other en tities to activating the Downtown by bringing special events to the Downtown.

On-going and future projects:
▪ The consistent and continuous updates to the DOIA website www.downtownontario.org resulted in over 36,000 visitors to the website in the last year. ▪ The DOIA consistently promotes the downtown via various social media platforms, including Facebook, Instagram, TikTok, Threads, and X(Twitter) have a post reach of 1.3 million users all within the last year. Including a followship of 14.1k followers across social networks, which is continuously growing.
▪ DOIA continues to utilize its logo as its branding tool. ▪ DOIA is and will continue to sponsor events such as The 3rd Saturday in Downtown Ontario (DTO) Art District, Ontario 5K Reindeer Run., Friends of the Library , Ontario Professional Fire Fighters Association 1430, and others.
▪ DOIA and the City of Ontario are continuing the downtown banner program which is funded by DOIA. The installation of new designs will be occurring in early 2025. ▪ DOIA continues to produce, print, and distributes QR coded postcards, posters, and lawn signs leading visitors to DOIA (link tree) which hosts the DOIA website; Facebook, Instagram, Twitter (X), TikTok, and Threads.
▪ DOIA is promoting the district as a pedestrian friendly community. ▪ DOIA promotes the downtown locally and regionally.
▪ DOIA continues to procure the services of a social media consultant to manage all social media platforms.
• DOIA procure s permits, purchase s, install s and maintain s Autumn Déco r through the downtown and will provide other seasonal décor as well. • DOIA Ambassadors provide directions or recommendations to visitors of the downtown area, in the last year they have given directions and/or recommendations to 155 visitors. • DOIA works with City staff to promote the downtown in a cohesive manner. • DOIA has sponsored Community Sing-A-Long on conjunction with GOCAL as part of the Christmas on Euclid Experience.
• DOIA has also sponsored two DTO Restaurant Craws, attracting visitors to Downtown eateries. • DOIA continues to use the manufactured the Butterfly Wings and DTO letters commissioned by DOIA from a local artist as promotional tools and a mechanism to engage the community.

4 62
Administration: The 20 24-2025 administrative budget is $ 175,315.21. The Executive Committee and the Executive Director oversee administrative operations. The DOIA Executive Director manages and oversees the day -to-day operations to ensure effective delivery of services. The DOIA office also serves as a visitor center located at 425 North Euclid Ave., Ontario, CA 91762. The DOIA Executive Director is in close contact with the city of Ontario staff and downtown stakehold ers to provide insight into the needs of the downtown. Early in 2024, DOIA completed the ten year renewal the Downtown Ontario Community Benefit District.

On-going expenses:
▪ Staff and administrative costs
▪ Directors and Officers Insurance, General Liability and other insurance coverages. ▪ Office related expenses
▪ Financial reporting, accounting, and legal services.

Other services provided by DOIA:
▪ DOIA has also serve s as an advocate for Downtown property owners and the business community.
▪ DOIA also assist Downtown property and business owners w ith pre-screening Façade Improvement and Restaurant Equipment Grant Applications. ▪ DOIA also fields inquiries from potential incoming businesses and relays the information to City Hall.
▪ DOIA’s office serves as an information center for all downtown visitors and businesses.

5 63

BUDGET

The CBD (DOIA) is funded through downtown property tax assessments. Maintaining financial balance is a key objective in any organization; the budget is managed through monitoring expenditures and analyzing variances. Marketing, maintenance, and administration, which include costs for building, equipment, supplies, services and staff, are all managed via the budget.

The board approved budget for Fiscal Year 20 24-2025 is $500,949.13, additionally and estimated $305,703.00 in operating reserves. The FY 2024-2025 budget is shown in Exhibit A.

6 64

ASSESSMENTS

The CBD (DOIA) uses common parcel -based factors to assess special benefit in a commercial/retail/residential business district, which are parcel size, street frontage, and building size. Street frontage has been determined to provide approximately 36% of the total assessment, land area approximately 26% of the total assessment, and building area approximately 38% of the total assessment. Annual assessments on property will be $0.06 (6 cents) per parcel square foot, $0.17 (17 cents) per building square foot, plus $6.50 per frontage foot. Residential condominiums are assessed $0.25 (25 cents) per square foot for residential condominiums.

The benefits provided to properties within the district are listed in the diagram below.

These services are only applied to properties within the boundaries of the district.

Category of Special Benefit Services Annual Amount 2024-2025 Percentage of total budget
Civil Sidewalks $ 258,154.40 52%
District Identity/Placemaking $ 67,479.52 13%
Administration/Contingency $ 175,315.21 35%
Total $ 500,949.13 100%

Properties that are owned and operated as a non -profit, and are property tax exempt, are not assessed the full assessment because these parcels are deemed to benefit from most, but not all, of the proposed District improvements and services. As stated above, these properties receive benefits from, maintenance and streetscape, and administration, but do not receive any marketing.

Therefore, properties that are owned and operated as a non -profit, and are property tax exempt, and exclude the per building square foot assessment.

Based on the above factors, the resulting assessments are shown in the chart attached hereto as Appendix 1 . The CBD assessment is collected with regular property taxes. The assessment appeared as a separate line item on annual Property Tax bills prepared by the County of San Bernardino.

7 65

EXHIBIT A
Downtown Ontario Improvement Association Detailed Budget Fiscal Year 2024-2025 8 Income
Assessment Income $486,774.49
Carry Forw ard
Delinquency (24,338.72)
Total Assessment Income $ 462,435.77
Non Assessment Income 10,000.00
Sponsorships 2,000.00
Total Non Assessment Income 12,000.00 Total Income $ 474,435.77
Gross Profit
Expenses
Administration
Accounting Fees 10,700.00
Admin Contingency 3,500.00
Annual Elections/Mailings 260.00
Bank Charges/Interest 200.00
Board Meetings / Retreats 4,250.04
Conference/ Travel Fees 3,000.00
Insurance - Liability, D and O 5,300.00
Legal Fees 50.00
Meeting Refreshments 400.00
Office Supplies 3,500.00
Payroll Service 2,800.00
Printing and Copying 700.00
Rent 20,845.97
Staff Contract 95,817.47
Dental and Vision Insurance 544.32
Health Insurance 6,043.00
Payroll Tax Expense 6,886.41
Workers Comp 1,258.00
Total Staff Contract $ 110,549.20
Telephone, Telecommunications 960.00
Utilities 8,300.00
Total Administration $ 175,315.21
Civil Sidew alks
Civil Sidew alks Contingency 2,900.00
DMS Contractor 246,254.40
Maintenance & Supplies 9,000.00
Total Civil Sidew alks 258,154.40 District Identity/Placemaking
Advertising 9,139.52
Branding & Signage 16,300.00
Creative Agency 23,040.00
District Identity Contingency 2,000.00
Public Space Dev. 5,000.00
Seasonal Displays 9,000.00
Website 3,000.00
Total District Identity/Placemaking 67,479.52 Total Expenses $ 500,949.13
Net Operating Income -$ 26,513.36
Net Income (26,513.36)
66 7
9 8
APPENDIX 1 – 2024-2025 PARCEL ASSESSMENT CALCULATIONS
LINEAR

FRONTAGE LOT SIZE

BUILDING
AREA
LINEAR

FRONTAGE

ASSESS RATE

LOT SIZE
ASSESS
RATE

BUILDING

ASSESS RATE
TOTAL
CHARGE
(Ft) (Sq Ft) (Sq Ft) ($/Ft) ($/Sq Ft) ($/Sq Ft) ($)
1048-354-01-0000 10,058 0 201 $6.50 $0.06500 $0.1700 $1,960.27 1048-354-02-0000 8,850 18,084 50 6.50 0.06500 0.1700 3,974.53 1048-354-03-0000 7,812 9,068 187 6.50 0.06500 0.1700 3,264.84 1048-354-04-0000 3,875 3,875 31 6.50 0.06500 0.1700 1,112.13 1048-354-05-0000 1,100 900 16 6.50 0.06500 0.1700 328.50 1048-354-06-0000 1,890 1,200 16 6.50 0.06500 0.1700 430.85 1048-354-07-0000 5,418 7,172 42 6.50 0.06500 0.1700 1,844.41 1048-354-08-0000 2,520 2,400 20 6.50 0.06500 0.1700 701.80 1048-354-09-0000 3,875 3,875 31 6.50 0.06500 0.1700 1,112.13 1048-354-10-0000 3,906 3,100 31 6.50 0.06500 0.1700 982.39 1048-354-11-0000 15,750 9,325 250 6.50 0.06500 0.1700 4,234.00 1048-354-12-0000 25,488 0 321 6.50 0.06500 0.1700 3,743.22 1048-354-13-0000 6,580 0 70 6.50 0.06500 0.1700 882.70
1048-355-02-0000 8,469 0 48 6.50 0.06500 0.1700 862.49
1048-355-03-0000 5,922 4,900 173 6.50 0.06500 0.1700 2,342.43 1048-355-04-0000 5,764 4,042 46 6.50 0.06500 0.1700 1,360.80 1048-355-05-0000 3,927 1,659 31 6.50 0.06500 0.1700 738.79 1048-355-06-0000 3,876 2,449 41 6.50 0.06500 0.1700 934.77 1048-355-07-0000 7,560 6,193 44 6.50 0.06500 0.1700 1,830.21 1048-355-08-0000 5,555 4,579 44 6.50 0.06500 0.1700 1,425.51 1048-355-11-0000 10,217 0 58 6.50 0.06500 0.1700 1,041.11 1048-355-13-0000 5,358 1,555 57 6.50 0.06500 0.1700 983.12 1048-355-15-0000 16,992 7,204 333 6.50 0.06500 0.1700 4,493.66 1048-355-16-0000 15,646 2,349 250 6.50 0.06500 0.1700 3,041.32 1048-356-01-0000 19,492 7,083 259 6.50 0.06500 0.1700 4,154.59 1048-356-02-0000 10,396 8,640 208 6.50 0.06500 0.1700 3,496.54 1048-356-03-0000 5,850 3,449 48 6.50 0.06500 0.1700 1,278.58 1048-356-04-0000 5,670 4,091 45 6.50 0.06500 0.1700 1,356.52 1048-356-05-0000 7,812 12,400 62 6.50 0.06500 0.1700 3,018.78 1048-356-06-0000 3,906 1,752 31 6.50 0.06500 0.1700 753.23 1048-356-07-0000 3,906 0 31 6.50 0.06500 0.1700 455.39
1048-356-08-0000 2,480 2,480 31 6.50 0.06500 0.1700 784.30 1048-356-09-0000 2,480 2,170 111 6.50 0.06500 0.1700 1,251.60 1048-356-10-0000 2,852 0 46 6.50 0.06500 0.1700 484.38
1048-356-11-0000 9,799 0 55 6.50 0.06500 0.1700 994.44
1048-356-12-0000 16,992 0 273 6.50 0.06500 0.1700 2,878.98 1048-356-13-0000 5,564 2,068 62 6.50 0.06500 0.1700 1,116.22 1048-361-01-0000 15,710 5,454 250 6.50 0.06500 0.1700 3,573.33 1048-361-02-0000 7,681 0 48 6.50 0.06500 0.1700 811.27
1048-361-03-0000 6,930 0 50 6.50 0.06500 0.1700 775.45
1048-361-04-0000 7,140 2,017 191 6.50 0.06500 0.1700 2,048.49 1048-361-05-0000 3,108 1,182 121 6.50 0.06500 0.1700 1,189.46 1048-361-06-0000 8,352 0 58 6.50 0.06500 0.1700 919.88
1048-361-07-0000 8,928 7,130 62 6.50 0.06500 0.1700 2,195.42 1048-361-08-0000 8,352 5,292 202 6.50 0.06500 0.1700 2,755.52 1048-361-09-0000 7,855 6,492 188 6.50 0.06500 0.1700 2,836.22 1048-361-10-0000 7,812 5,263 62 6.50 0.06500 0.1700 1,805.49 1048-361-11-0000 7,812 0 62 6.50 0.06500 0.1700 910.78
1048-361-12-0000 7,855 0 62 6.50 0.06500 0.1700 913.58
1048-362-02-0000 8,142 0 46 6.50 0.06500 0.1700 828.23
1048-362-03-0000 16,800 9,342 273 6.50 0.06500 0.1700 4,454.64 1048-362-04-0000 7,680 2,209 86 6.50 0.06500 0.1700 1,433.73 1048-362-05-0000 8,736 0 187 6.50 0.06500 0.1700 1,783.34 1048-362-06-0000 8,640 1,940 49 6.50 0.06500 0.1700 1,209.90

ASSESSOR'S PARCEL
NUMBER(1)

BUILDING

AREA LOT SIZE
LINEAR

FRONTAGE
LINEAR

FRONTAGE

ASSESS RATE

LOT SIZE
ASSESS
RATE

BUILDING

ASSESS RATE
TOTAL
CHARGE
(Sq Ft) (Sq Ft) (Ft) ($/Ft) ($/Sq Ft) ($/Sq Ft) ($)

ASSESSOR'S PARCEL
NUMBER(1)
67 10
1048-362-07-0000 15,624 1,148 250 6.50 0.06500 0.1700 2,835.72 1048-362-08-0000 11,718 11,096 93 6.50 0.06500 0.1700 3,252.49 1048-362-09-0000 11,782 0 220 6.50 0.06500 0.1700 2,195.83 1048-362-10-0000 7,855 0 62 6.50 0.06500 0.1700 913.58
1048-363-01-0000 5,136 100 160 6.50 0.06500 0.1700 1,390.84 1048-363-02-0000 38,086 0 411 6.50 0.06500 0.1700 5,147.09 1048-363-03-0000 11,512 0 224 6.50 0.06500 0.1700 2,204.28 1048-363-04-0000 10,080 10,500 205 6.50 0.06500 0.1700 3,772.70 1048-363-05-0000 31,901 31,973 260 6.50 0.06500 0.1700 9,198.98 1048-551-11-0000 29,886 0 349 6.50 0.06500 0.1700 4,211.09 1048-551-12-0000 21,240 0 287 6.50 0.06500 0.1700 3,246.10 1048-551-13-0000 6,430 0 206 6.50 0.06500 0.1700 1,756.95 1048-551-14-0000 18,415 0 264 6.50 0.06500 0.1700 2,912.98 1048-551-15-0000 28,163 0 166 6.50 0.06500 0.1700 2,909.60 1048-552-13-0000 34,579 0 546 6.50 0.06500 0.1700 5,796.64 1048-552-14-0000 19,096 0 97 6.50 0.06500 0.1700 1,871.74 1048-552-15-0000 2,439 0 10 6.50 0.06500 0.1700 223.54
1048-552-17-0000 10,993 6,800 218 6.50 0.06500 0.1700 3,287.55 1048-552-18-0000 789 0 14 6.50 0.06500 0.1700 142.29
1048-552-22-0000 8,509 8,828 213 6.50 0.06500 0.1700 3,438.35 1048-552-23-0000 1,786 0 0 6.50 0.06500 0.1700 116.09
1048-552-24-0000 24,332 0 195 6.50 0.06500 0.1700 2,849.08 1048-553-01-0000 7,434 0 185 6.50 0.06500 0.1700 1,685.71 1048-553-02-0000 8,496 4,450 48 6.50 0.06500 0.1700 1,620.74 1048-553-03-0000 8,496 0 48 6.50 0.06500 0.1700 864.24
1048-553-04-0000 8,496 0 225 6.50 0.06500 0.1700 2,014.74 1048-553-05-0000 5,760 0 40 6.50 0.06500 0.1700 634.40
1048-553-06-0000 3,810 0 157 6.50 0.06500 0.1700 1,268.15 1048-553-07-0000 4,191 0 33 6.50 0.06500 0.1700 486.92
1048-553-08-0000 6,731 0 53 6.50 0.06500 0.1700 782.02
1048-553-09-0000 3,556 0 28 6.50 0.06500 0.1700 413.14
1048-553-10-0000 2,520 0 146 6.50 0.06500 0.1700 1,112.80 1048-553-11-0000 3,906 0 31 6.50 0.06500 0.1700 455.39
1048-553-12-0000 3,906 0 31 6.50 0.06500 0.1700 455.39
1048-553-13-0000 7,812 10,000 62 6.50 0.06500 0.1700 2,610.78 1048-553-14-0000 4,268 0 32 6.50 0.06500 0.1700 485.42
1048-553-15-0000 3,780 3,904 31 6.50 0.06500 0.1700 1,110.88 1048-553-16-0000 8,854 3,250 31 6.50 0.06500 0.1700 1,329.51 1048-553-17-0000 8,190 17,400 65 6.50 0.06500 0.1700 3,912.85 1048-561-07-0000 8,496 3,417 225 6.50 0.06500 0.1700 2,595.63 1048-561-08-0000 17,169 3,845 96 6.50 0.06500 0.1700 2,393.64 1048-561-09-0000 8,554 1,392 48 6.50 0.06500 0.1700 1,104.65 1048-561-10-0000 8,496 0 48 6.50 0.06500 0.1700 864.24
1048-561-11-0000 8,400 1,190 123 6.50 0.06500 0.1700 1,547.80 1048-561-12-0000 4,896 1,728 102 6.50 0.06500 0.1700 1,275.00 1048-561-13-0000 54,516 109,032 642 6.50 0.06500 0.1700 26,251.98 1048-562-01-0000 42,834 20,826 417 6.50 0.06500 0.1700 9,035.13 1048-562-02-0000 8,496 4,178 225 6.50 0.06500 0.1700 2,725.00 1048-562-03-0000 34,161 19,923 369 6.50 0.06500 0.1700 8,005.88 1048-562-06-0000 2,658 1,980 55 6.50 0.06500 0.1700 866.87 1048-562-07-0000 13,032 0 170 6.50 0.06500 0.1700 1,952.08 1048-563-01-0000 6,096 1,194 175 6.50 0.06500 0.1700 1,736.72 1048-563-02-0000 8,496 0 48 6.50 0.06500 0.1700 864.24
1048-563-03-0000 16,992 6,767 96 6.50 0.06500 0.1700 2,878.87 1048-563-06-0000 9,365 0 226 6.50 0.06500 0.1700 2,077.73 68 11
1048-563-07-0000 7,536 5,154 48 6.50 0.06500 0.1700 1,678.02 1048-563-08-0000 16,992 16,692 96 6.50 0.06500 0.1700 4,566.12 1048-563-09-0000 8,496 0 46 6.50 0.06500 0.1700 851.24
1048-563-10-0000 8,496 0 225 6.50 0.06500 0.1700 2,014.74 1048-563-11-0000 2,400 790 47 6.50 0.06500 0.1700 595.80 1048-563-12-0000 7,953 3,360 48 6.50 0.06500 0.1700 1,400.15 1048-563-13-0000 8,754 13,104 225 6.50 0.06500 0.1700 4,259.19 1048-564-01-0000 7,680 6,888 176 6.50 0.06500 0.1700 2,814.16 1048-564-02-0000 8,496 16,724 48 6.50 0.06500 0.1700 3,707.32 1048-564-03-0000 8,820 15,650 196 6.50 0.06500 0.1700 4,507.80 1048-564-04-0000 6,875 4,125 55 6.50 0.06500 0.1700 1,505.63 1048-564-05-0000 3,906 2,733 36 6.50 0.06500 0.1700 952.50 1048-564-06-0000 7,812 0 61 6.50 0.06500 0.1700 904.28
1048-564-07-0000 10,278 10,572 93 6.50 0.06500 0.1700 3,069.81 1048-564-08-0000 1,835 3,472 21 6.50 0.06500 0.1700 846.02 1048-564-09-0000 2,132 3,960 93 6.50 0.06500 0.1700 1,416.28 1048-564-10-0000 4,330 8,660 74 6.50 0.06500 0.1700 2,234.65 1048-564-11-0000 8,622 3,615 48 6.50 0.06500 0.1700 1,486.98 1048-564-12-0000 8,914 8,653 214 6.50 0.06500 0.1700 3,441.42 1048-564-13-0000 6,299 0 58 6.50 0.06500 0.1700 786.44
1048-564-14-0000 9,312 0 97 6.50 0.06500 0.1700 1,235.78 1048-565-01-0000 23,388 0 291 6.50 0.06500 0.1700 3,411.72 1048-565-02-0000 2,100 2,100 30 6.50 0.06500 0.1700 688.50 1048-565-03-0000 11,782 33,804 219 6.50 0.06500 0.1700 7,936.01 1048-565-04-0000 1,536 2,400 24 6.50 0.06500 0.1700 663.84 1048-565-05-0000 5,820 11,976 37 6.50 0.06500 0.1700 2,654.72 1048-565-06-0000 7,812 7,812 62 6.50 0.06500 0.1700 2,238.82 1048-565-07-0000 4,032 3,696 31 6.50 0.06500 0.1700 1,091.90 1048-565-08-0000 3,780 3,480 31 6.50 0.06500 0.1700 1,038.80 1048-565-09-0000 4,000 5,560 31 6.50 0.06500 0.1700 1,406.70 1048-565-10-0000 7,812 7,938 188 6.50 0.06500 0.1700 3,079.24 1048-565-11-0000 9,216 36,864 95 6.50 0.06500 0.1700 7,483.42 1048-565-12-0000 3,360 3,296 118 6.50 0.06500 0.1700 1,545.72 1048-565-13-0000 5,136 0 107 6.50 0.06500 0.1700 1,029.34 1048-565-14-0000 8,448 0 0 6.50 0.06500 0.1700 549.12
1048-566-01-0000 4,800 0 148 6.50 0.06500 0.1700 1,274.00 1048-566-02-0000 8,496 6,111 48 6.50 0.06500 0.1700 1,903.11 1048-566-03-0000 8,496 0 48 6.50 0.06500 0.1700 864.24
1048-566-04-0000 11,844 10,840 219 6.50 0.06500 0.1700 4,036.16 1048-566-05-0000 17,262 35,524 136 6.50 0.06500 0.1700 8,045.11 1048-566-06-0000 6,552 5,800 52 6.50 0.06500 0.1700 1,749.88 1048-566-07-0000 11,718 12,003 219 6.50 0.06500 0.1700 4,225.68 1048-566-08-0000 2,400 0 0 6.50 0.06500 0.1700 156.00
1048-566-09-0000 14,662 0 100 6.50 0.06500 0.1700 1,603.03 1048-566-10-0000 8,496 0 225 6.50 0.06500 0.1700 2,014.74 1048-566-11-0000 3,696 2,208 77 6.50 0.06500 0.1700 1,116.10 1049-055-01-0000 9,064 9,064 192 6.50 0.06500 0.1700 3,378.04 1049-055-02-0000 3,738 3,738 42 6.50 0.06500 0.1700 1,151.43 1049-055-03-0000 4,361 4,361 50 6.50 0.06500 0.1700 1,349.84 1049-055-04-0000 4,183 4,183 47 6.50 0.06500 0.1700 1,288.51 1049-055-05-0000 4,272 1,000 137 6.50 0.06500 0.1700 1,338.18 1049-055-06-0000 4,301 0 137 6.50 0.06500 0.1700 1,170.07 1049-055-07-0000 4,183 0 47 6.50 0.06500 0.1700 577.40
1049-055-08-0000 4,301 0 48 6.50 0.06500 0.1700 591.57
69 12
1049-055-09-0000 12,816 12,905 233 6.50 0.06500 0.1700 4,541.39 1049-056-01-0000 15,225 0 254 6.50 0.06500 0.1700 2,640.63 1049-056-02-0000 4,872 0 48 6.50 0.06500 0.1700 628.68
1049-056-03-0000 4,872 0 48 6.50 0.06500 0.1700 628.68
1049-056-04-0000 5,040 0 153 6.50 0.06500 0.1700 1,322.10 1049-056-05-0000 15,225 15,000 250 6.50 0.06500 0.1700 5,164.63 1049-056-06-0000 15,225 0 250 6.50 0.06500 0.1700 2,614.63 1049-057-01-0000 22,632 0 430 6.50 0.06500 0.1700 4,266.08 1049-057-02-0000 4,428 4,428 56 6.50 0.06500 0.1700 1,404.58 1049-057-03-0000 5,280 5,212 158 6.50 0.06500 0.1700 2,256.24 1049-057-04-0000 3,520 6,680 31 6.50 0.06500 0.1700 1,565.90 1049-057-05-0000 4,900 9,000 430 6.50 0.06500 0.1700 4,643.50 1049-057-06-0000 5,600 0 156 6.50 0.06500 0.1700 1,378.00 1049-057-07-0000 3,723 0 50 6.50 0.06500 0.1700 567.00
1049-058-01-0000 9,856 8,654 208 6.50 0.06500 0.1700 3,463.82 1049-058-02-0000 5,077 0 68 6.50 0.06500 0.1700 772.01
1049-058-03-0000 8,910 21,351 191 6.50 0.06500 0.1700 5,450.32 1049-058-04-0000 9,000 4,048 214 6.50 0.06500 0.1700 2,664.16 1049-058-05-0000 13,346 3,920 204 6.50 0.06500 0.1700 2,859.89 1049-059-07-0000 6,136 0 52 6.50 0.06500 0.1700 736.84
1049-059-08-0000 8,140 2,910 74 6.50 0.06500 0.1700 1,504.80 1049-059-09-0000 8,140 0 56 6.50 0.06500 0.1700 893.10
1049-059-14-0000 39,403 0 405 6.50 0.06500 0.1700 5,193.70 1049-059-21-0000 29,645 22,935 269 6.50 0.06500 0.1700 7,574.38 1049-061-01-0000 20,097 57,930 428 6.50 0.06500 0.1700 13,936.41 1049-061-02-0000 20,196 0 427 6.50 0.06500 0.1700 4,088.24 1049-061-03-0000 4,488 0 48 6.50 0.06500 0.1700 603.72
1049-062-01-0000 34,087 15,000 395 6.50 0.06500 0.1700 7,333.16 1049-062-02-0000 38,880 0 412 6.50 0.06500 0.1700 5,205.20 1049-063-01-0000 9,021 5,536 190 6.50 0.06500 0.1700 2,762.49 1049-063-02-0000 13,548 11,400 97 6.50 0.06500 0.1700 3,449.12 1049-063-03-0000 1,504 1,040 17 6.50 0.06500 0.1700 385.06 1049-063-04-0000 3,008 2,080 31 6.50 0.06500 0.1700 750.62 1049-063-05-0000 4,512 1,614 142 6.50 0.06500 0.1700 1,490.66 1049-063-06-0000 4,512 3,384 142 6.50 0.06500 0.1700 1,791.56 1049-063-07-0000 4,464 1,645 48 6.50 0.06500 0.1700 881.81 1049-063-08-0000 9,021 0 96 6.50 0.06500 0.1700 1,210.37 1049-063-09-0000 4,559 0 143 6.50 0.06500 0.1700 1,225.84 1049-063-10-0000 4,559 4,000 47 6.50 0.06500 0.1700 1,281.84 1049-064-12-0000 8,064 0 0 6.50 0.06500 0.1700 524.16
1049-064-13-0000 12,768 6,400 133 6.50 0.06500 0.1700 2,782.42 1049-064-14-0000 48,242 6,232 620 6.50 0.06500 0.1700 8,225.17 Total 2,031,880 1,040,518 27,356 486,774.49$
70 Department: Housing
Prepared By: Mariah Ruiz
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Reviewed By: Lacey A Rightmer, Kelly Zackmann
Approved By:

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

A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SOUTHLAND ROOFING, INC. FOR ROOF REPAIRS AT THE PROPERTY LOCATED AT 411 NORTH

PARKSIDE AVENUE

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The recommended Change Order No. 2 to the Construction Contract with Southland Rooﬁng, Inc., of Los Angeles, California, is $32,740 for a total not-to-exceed contract amount of $166,070. If approved, additional appropriations will be included in the Ontario Housing Authority Fund at the next quarterly budget update to council as needed.

BACKGROUND & ANALYSIS:

In September 2024, the City of Ontario entered into an Agreement with Southland Rooﬁng, Inc. for roof repairs at the Ontario Housing Authority-owned property at 411 North Parkside Avenue. This project was initiated to address roof damage caused by a storm in February 2024. The storm caused external and internal damage to several units on the property.

Due to the extent of the damage, the City of Ontario included the project in a FEMA application.

Change Order No. 1 was processed on January 17, 2025, to add $6,880 to cover extra costs for damage found on the roof-mounted air-conditioning unit platforms. Further evaluation of the roof showed that the platforms were in poor condition and needed additional repairs.

After removing the roof shingles, the contractor found more severe wood rot than expected, requiring additional repairs. The proposed Change Order No. 2 is for an additional $32,740 and addresses the extra materials and labor needed to make the necessary repairs. 71 Staﬀ recommends that City Council approve Change Order No. 2, which will complete the roof repairs and conclude the project.
72 EXHIBIT “A”

SUBCONTRACTOR TO CONTRACTOR CHANGE ORDER REQUEST FORM
CHANGE ORDER # 2
DATE: 12/23/2024
NAME OF PROJECT: City Of Ontario
LOCATION: 411 N Parkside Ave. Ontario CA 91764
ORIGINAL CONTRACT DATE:

ORIGINAL CONTRACT AMOUNT: $126,450.00
FROM: Southland Roofing, inc. (Please List Prior Change Order Amounts, If Any) California License Number: 1035397

1. $6,880.00

4. 2. 32,740.00

5. TO: City Of Ontario 3. 6.
303 East B St. Ontario CA 91764
We propose the following changes in the scope of work on the above project:
 This change order is to cover the costs associated to procure t he additional material and labor needed to replace 50lf of 2x6” fascia $24lf x 50lf= $1,200.00  This change order is to cover the costs associated to procure the additional material and labor needed to replace 500lf of 2x8” fascia
$26lf x 500lf= $13,000.00
 This change order is to cover the costs associated to procure the additional material and labor needed to replace 103pcs of CDX p
lywood $180 x 103pcs = $18,540.00
We propose the above changes in the scope of work for the additional sum of Thirty-Two Thousand Seven Hundred Forty dollars and 00/100 ($32,740.00) New contract amount is One Hundred Sixty-Six Thousand Seventy dollars and 00/100 ($166,070.00). New contract amount includes all change orders on this project. Payment will be as stated in original Contractor Agreement, hereafter known as original Agreement. All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted and as stated in original Agreement. Any alteration or deviation from above specifications involving extra costs will be executed only upon additional written orders, and will become an extra charge over and above the estimate. All change orders are contingent upon strikes, accide nts, or delays beyond our control. Our workers are fully covere d by Worker’s Compensation Insurance as stated in the original Agreement. If either party commences legal action to enforce its rights pursuant to this change order, the prevailing party in said legal action shall be entitled to recover its reasonable attorney’s fees and cost of litigation relating to said legal action, as determined by a court of competent jurisdiction.

Note: This change order may be withdrawn by
us if not accepted within 15 days.

ACCEPTANCE OF CHANGE ORDER: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.

Date of Acceptance: .

Aut
horized
Signature:

President and CEO Owner: .
73 74
75 Department: Broadband Operations
Prepared By: Judy Witrago
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:

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

AN AMENDMENT TO THE SOFTWARE AGREEMENT WITH GREAT LAKES DATA SYSTEMS, INC. TO SUPPORT ONTARIONET BILLING

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement, with Great Lakes Data Systems (GLDS), Inc., of Wisconsin, for utility billing system software licensing, maintenance, support services in the amount of $70,720, plus a 15% contingency of $10,608, for a total not-to- exceed contract amount of $230,266, which includes the initial purchase and implementation.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Broadband/Fiber Fund for these services. The original authorized not-to-exceed amount was $148,938. The proposed Amendment No. 1 increases the Agreement by $70,720, bringing the total to $219,658, plus a contingency of $10,608, for a revised not-to-exceed total of $230,266.

BACKGROUND & ANALYSIS:

The City of Ontario purchased GLDS Broadhub, a billing system for OntarioNet internet services, on October 13, 2023. Initially set to go live in July 2024, the platform became operational in February 2025 after extensive collaboration with City Staﬀ for system conﬁguration, data conversion, consulting, training, and implementation. As a result, the project timeline was extended. Currently, GLDS Broadhub supports over 2,000 OntarioNet customers and is expected to support the City in collecting over one million dollars in internet service revenue by the end of Fiscal Year 2024-25.

The original agreement, amounting to $148,938, included the purchase of the software suite, license fees, implementation, and monthly subscription fees. Due to unforeseen legal and technical circumstances surrounding customer migration and data integration, additional consultation and customization from GLDS was required. Thus, reallocation of authorized funds was used to pay for these expenditures.
76 In proposed Amendment No. 1, the City will pay GLDS a monthly fee of $4,385 ($52,620 annually) for a 5,000-minimum customer subscription use and SMS text messaging to customers for account management and service notiﬁcation. The Amendment also includes annual City Staﬀ user license fees for routine troubleshooting and technical support, regular testing to ensure proper system functionality, as well as routine training for City staﬀ, in the amount of $18,100. The scope of work for the proposed Amendment is inclusive of project management, on-call engineering hours, and professional services hours on an hourly basis.

Great Lakes Data Systems, Inc. is recommended as a sole source to provide these services based on the proprietary nature of the system, their native integration to OntarioNet’s customer network equipment, and completion of the previous agreement. Thus, City Staﬀ recommends the approval of Amendment No. 1 with Great Lakes Data Systems, Inc.
77

Page 1 of 3 ends

AMENDMENT TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT

BETWEEN

THE CITY OF ONTARIO
AND

GREAT LAKES DATA SYSTEMS, INCORPORATED
This Amendment to the Software License and Services agreement (“Amendment”) is made and entered into as of March [___], 2025 (“Effective Date”), 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)(“City”) and Great Lakes Data Systems , Incorporated (a corporation organized under the laws of the State of California with its principal place of business at 5954 Priestly Drive, Carlsbad, California 92008) (“GLDS”). City and GLDS are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. The Parties executed a Software License and Services Agreement on October 13, 2023 (“Agreement”) for the City’s use of GLDS’s utility billing system software licensing, maintenance, and support services (“Services”); and B. Section 3 (Term) o f the Agreement pr ovides the Agreement will remain in effect for a period of one (1) year after the Implementation Date (December 1, 2024); and C. The Parties now desire to amend the Agreement to include additional funds and add insurance language for the continued performance of the services.

NO
W, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct , and are hereby incorporated herein by this reference.

2. Amendment . The Agr eement is hereby amended as follows:
a. Fees . Sect ion 2 is amended by adding the following language at the end of the last paragraph: “I n no event shall the total amount paid for services rendered by
GLDS under this Agreement exceed the sum of two hundred nineteen thousand, six hundred fift y-eight dollars ($219,658)." This covers all related costs for the duration of the Initial Term.”
b. Insurance
. A new Appendix E (Insurance) is added, attached hereto and incorporated herein by reference.

3. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the shall remain in full force and effect, and shall govern the actions of the
Parties under this Amendment. Whenever the term “Agreement” appears in the original
Agreement from and after the date of this Amendment, it shall mean the Agreement as amended by this Amendment.
78

Page 2 of 3 ends

4. Electronic Transmission. A manually signed copy of this Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment for all purposes. This Amendment may be signed using an electronic signature.

5. Counterparts . This
Amendment may be signed in counterparts, each of
which shall constitute an original.
[SI
GNATURES ON FOLLOWING PAGE]
79

Page 3 of 3 ends

SIGNATURE PAGE
FOR

AMENDMENT TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT

BETWEEN

THE CITY OF ONTARIO
AND

GREAT LAKES DATA SYSTEMS, INCORPORATED
IN WI
TNESS WHEREOF, the Part ies have executed this Amendment as of the Effective Date.

CITY OF ONTARIO
APPROVED BY:

Scott Ochoa
City Manager
ATTE
STED BY:
[___________]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

GREAT LAKES DATA SYSTEMS,

INCORPORATED
[__________]
80

Page 1 of 4 ends

APPENDIX E

1.1.1 Insurance

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

1.1.1.2 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 GLDS, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, GLDS agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insur
ance 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) 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. (C) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. 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. (D) Cyber Liability: At all times during the performance of the Services under this Agreement, GLDS shall maintain cyber liability insurance with limits of $1,000,000 per occurrence, providing protection against liability for: (1) privacy breaches (including liability arising from the loss or disclosure of confidential information no matter how it occurs); (2) system breach; (3) denial or loss of service; (4) introduction, implantation, or spread of malicious software code; and (5) unauthorized access to or use of computer systems. Cyber 81

Page 2 of 4 ends

liability insurance shall not include any exclusion or restriction for unencrypted portable devices or other media. Cyber liability insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Licensee except ten (10) days shall be allowed for non-payment of premium.

1.1.1.3 Insuranc e Endorsements . Required insurance policies shall contain the following provisions, or GLDS shall provide endorsements on forms approved by the Licensee to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Licens
ee, 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 GLDS ; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, GLDS 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 Licensee except ten (10) days shall be allowed for non-payment of premium. (B) 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 Licensee 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 Licensee, its officials, officers, employees, agents, and volunteers.
(C) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1 ,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, polluti on, 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.

1.1.1.4 Pri
mary 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 Licensee, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.1.5 Waiver of Subrogation. All required insurance coverages, shall contain or be endorsed to waiver of subrogation in favor of the Licensee, its officials, officers, employees, agents, and volunteers or shall specifically allow GLDS or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

GLDS hereby waives its own right of recovery against Licensee, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 82

Page 3 of 4 ends

1.1.1.6 Deducti bles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the Licensee and shall protect the Licensee, 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.

1.1.1.7 Evidenc
e of Insurance. The GLDS , 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 Licensee, 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 Licensee for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Licensee. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, GLDS shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Licensee evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

1.1.1.8 Acceptabi
lity 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.

1.1.1.9 Enforcem
ent of Agreement Provisions (non estoppel). GLDS
acknowledges and agrees that actual or alleged failure on the part of the Licensee to inform GLDS of non-compliance with any requirement imposes no additional obligation on the Licensee nor does it waive any rights hereunder.

1.1.1.10 Requirem ents 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.

1.1.1.11 Additional
Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by GLDS, and any approval of said insurance by the Licensee, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the GLDS 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, Licensee has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Licensee will be promptly reimbursed by GLDS or Licensee will withhold amounts sufficient to pay premium from GLDS payments. In the alternative, Licensee may cancel this Agreement.
83 P age 4 of 4
(C) The Licensee may require the GLDS to provide compl ete c
opies of all insurance policies in effect for the duration of the Project. (D) Neither the Licensee 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 l
imits 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 GLDS from liability in excess of such coverage, nor shall it limit the GLDS ’s indemnification obligations to the Licensee and shall not preclude the Licensee from taking such other actions available to the Licensee under other provisions of the Agreement or law. (F
) GL
DS shall report to the Licensee, in addition to GLDS’s
insurer, any and all insurance claims submitted by GLDS in connection with the Services under this Agreement.

1.1.1.12 Insurance for Subconsultant s. GL DS shall include all subconsultants engaged in any work for GL DS relating to this Agreement as additional insureds under the GLDS's policies, or the GLDS shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Licensee, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultants's policies. All policies of Commercial General Liability insurance provided by GLDS ’s subconsultants performing work relating to this Agreement shall be endorsed to name the Licensee, 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. GLDS 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 GLDS shall provide satisfactory evidence of compliance with this section upon request of the Licensee.
84 Department: Public Works
Prepared By: Tim Masot
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

AUTHORIZE THE PURCHASE OF BOLLARDS AND BOLLARD BASES WITH J.R. HOE, INC. FOR THE DOWNTOWN BOLLARD INSTALLATION PROJECT

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Maintain the Current High Level of Public Safety
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Capital Projects- Measure Q Fund for the purchase of bollards and bollard bases for the Downtown Bollard Installation Project. The total cost of the bollards and bollard bases recommended for purchase is $246,141.

BACKGROUND & ANALYSIS:

The Downtown Bollard Installation Project involves the purchase and installation of 147 removable bollards at various side streets along Euclid Avenue between G Street and Holt Boulevard. The installation of removable bollards at crosswalks along Euclid Avenue is essential to enhance public safety and ensure eﬀective traﬃc management during City-hosted events.

These bollards will act as temporary barriers, preventing unauthorized vehicular access and enhancing pedestrian safety while maintaining the street’s ﬂexibility for regular use. Strategically placed at crosswalks, the bollards ensure optimal visibility during events, eﬀectively managing traﬃc and enhancing pedestrian security. The removable design allows for easy installation and removal, enabling the City to store the bollards near each intersection after events for future use.

This approach not only maximizes the eﬃciency of event setups but also minimizes disruption to daily traffic, supporting the City’s commitment to adaptable and sustainable infrastructure. 85 After extensive evaluation of available options, Staﬀ recommends awarding a contract to J.R. Hoe, Inc. for the purchase of 147 bollards and 318 bollard bases. Staﬀ determined that J.R. Hoe, Inc.’s products oﬀer superior quality, durability, and customization compared to other vendors. J.R. Hoe, Inc.’s bollard equipment is constructed from high-quality cast iron, ensuring longevity and resistance to environmental factors. Additionally, J.R. Hoe, Inc. oﬀers a wide range of custom colors and model variety. Due to the unique nature of these bollards with removable bases and the absence of comparable alternatives, Staﬀ believes that a negotiated contract is justiﬁed in this instance,
particularly as Staﬀ has determined that the compensation contemplated is reasonable for the terms oﬀered and a further competitive process such as bidding is (1) not required by OMC Section 2-6.15 and applicable law and (2) would not produce any advantage for the City while unnecessarily delaying the procurement of a time-sensitive item. 86 55600.00100\32771839.1

Page 1 of 15 ends

\45774.00005\8698768.3

CIT

Y OF ONTARIO

GOODS AND EQUIPMENT PURCHASE AGREEMENT
This Goods and Equipment Purchase Agreement (“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 J.R.

Hoe, Inc., a Corporation with its principal place of business at P. O. Box 1737 Middlesboro, KY 40965 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City , Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods.

Material samples will be submitted at City’s request.
87 (BB&K 2024) 2 Goods and Equipment Agreement

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C . The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City ’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City ’s inspection, testing, approval, or acceptance of any such machinery, equipment , or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B , Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods . All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that 88 (BB&K 2024) 3 Goods and Equipment Agreement

Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend , and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier ’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or 89 (BB&K 2024) 4 Goods and Equipment Agreement

other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

F. 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. Supplier shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Supplier in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an ac count, or otherwise deposits funds to which Supplier is not entitled: (1) Supplier shall immediately notify the City and the financial institution; (2) Supplier shall not withdraw any of the 90 (BB&K 2024) 5 Goods and Equipment Agreement

funds which were erroneously deposited or to which Supplier is not entitled; and (3) Supplier 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 Supplier is not entitled.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier ’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $0 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.

All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
91 (BB&K 2024) 6 Goods and Equipment Agreement

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City ’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City , including, but not limited to Supplier ’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City . Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage t o Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents , or volunteers shall be at Supplier’s own cost, expense , and risk.

Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents , or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employ ees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. 92 (BB&K 2024) 7 Goods and Equipment Agreement

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $2 ,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $2 ,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $2,000,000 per occurrence shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status on commercial general liability and automobile liability insurance with the endorsements. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, deductible, or self-insurance maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunt eers. 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. Requirements of specific coverage or 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. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds
93 (BB&K 2024) 8 Goods and Equipment Agreement

D. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

E. Evidence of Insurance . Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

F. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

G. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier . In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exer cise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. 94 (BB&K 2024) 9 Goods and Equipment Agreement

B. City may, for its own convenience, terminate Supplier ’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier , and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B , Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a P arty’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
95 (BB&K 2024) 10 Goods and Equipment Agreement

Section 18. MISCELLANEOUS PROVISIONS.

A. 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:

CITY:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Tim Masot, Parks & Streets Maintenance
Superintendent

SUPPLIER:

J.R. Hoe, Inc.

P.O. Box 1737
Middlesboro, KY 40965
Attn: Marina Hoe Boyer, Sales Representative
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.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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

E. 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.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. 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. 96 (BB&K 2024) 11 Goods and Equipment Agreement

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

J. Authority to Enter 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.

K. 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.

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

M. City’s Right to Employ Other Supplier s. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

SIGNATURES ON FOLLOWING PAGE

97 (BB&K 2024) 12 Goods and Equipment Agreement

SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND J.R. HOE, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF ONTARIO J.R. HOE, 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:

Assistant City Clerk

98 (BB&K 2024) Exhibit A - 1 Goods and Equipment Agreement Exhibit A
Goods Specifications
See Attachment
99 Fax/Email:

Project
Qty Unit Lead-time Unit Cost Amount
147 EA 8-12 wks $602.15 $88,516.05
318 Kits Padlock Mountings 4-6 wks $398.35 $126,675.30
1 EA $4,950.00
1425 S. BON VIEW AVE., ONTARIO, CA. 91761 $6,195.00
Marina Hoe Boyer
- Includes cast iron embed, 30"
SS installation/removable bar, 3/8" SS set screws and caps, 1" plastic caps for bar openings
weather-resistant padlock, plastic cover for padlock pocket, Shipping Estimate
[email protected]

IF TAX EXEMPT, CERTIFICATE MUST BE PROVIDED
REVISED 1/24/2025
12-09-2024
Attn: TIM MASOT EUCLID AVE.

Company: CITY OF ONTARIO [email protected]

Q U O T A T I O N
VALID FOR 30 DAYS
Quote No.: 120920241197Date:

Description
150-RSF
Flat Top, 31" Height, 6" OD Neck, 10.5" OD Base
Powder coat: Mid-Gloss Black - RDS #0051
Material: ASTM A48 Class 30 Cast Iron
Removable Mounting Options
phone: 502-326-1347 cell: 606-269-6685

PRICING EXCLUDES ALL APPLICABLE TAXES
Quoted By:

QUOTE IS BASED ON ABOVE QUANTITIES; CUSTOMER IS RESPONSIBLE FOR VARIFYING AND ANY CHANGE WILL EFFECT PRICING.

Freight, Padlock Embeds Only:

Freight, Bollard Covers Only:
100
101
102
. 9
103
b
T
104
105
106
107
(BB&K 2024) Exhibit B - 1 Goods and Equipment Agreement Exhibit B
Delivery Schedule
Vendor shall indicate number of days from the time bis is approved by City Council, or issue of Purchase Order to first delivery of containers.

Materials will be delivered to the Ontario Municipal Service Center, 1425 South Bon View Avenue, O
ntario, CA 91761.

DELIVERY SCHEDULE
108
(BB&K 2024) Exhibit C - 1 Goods and Equipment Agreement Exhibit C
Fee Schedule
Refer to Exhibit A
109
Department: Utilities
Prepared By: Thomas Lambertson
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES INC. FOR ASSET MANAGEMENT PROGRAM REVIEW AND

DEVELOPMENT SERVICES

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
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:

Proposed Amendment No. 2 is for $1,449,126 for a new total not-to-exceed amount of $1,597,213. The Fiscal Year 2024-25 Adopted Budget includes appropriations from the Water and Sewer Capital Funds for these professional services. There is no impact to the General Fund.

Under the existing Agreement and proposed Amendment, expenditures will be based on a negotiated billing rate sheet, and proposals will be requested per speciﬁc tasks between West Yost & Associates Inc. and the City.

BACKGROUND & ANALYSIS:

The Ontario Municipal Utilities Company currently does not have a formal Asset
Management Program (Program) for asset and maintenance management of its water production,
distribution, and sewer collection systems and is currently working on developing a program. The overall beneﬁt of a formal Program is an enhanced ﬁscal eﬃciency that maximizes 110
the useful life of capital investments while maintaining an optimum level of service of the water and sewer systems that serve the City's customers.

The City’s combined water and sewer systems includes approximately 1,100 miles of water and sewer pipeline, over 20,000 valves, 12 water reservoirs, 19 active wells, 10,000 manholes, and 17 total booster and lift
stations. The design lifespan of most facilities is 25 to 50 years, with variations based on multiple factors such as the facility type, purpose, and criticality. Most of the City’s facilities are within their design life, but a signiﬁcant amount are approaching or already exceed 50 years of age.

Maintenance and replacement of aging and undersized facilities is part of the City’s ongoing capital improvement program as recommended by the City’s master plans. A formal Program would establish performance goals, an asset organizational structure, and criteria for condition assessments. Information would be managed and integrated between the existing Cityworks and GIS data management software systems to improve data models, analytical capabilities, and prioritization of capital improvement projects and maintenance activities. The Program will enhance data-driven decisions for operations, maintenance, and replacement of facilities.

The City solicited proposals in May 2023 to conduct an analysis of the City’s current practices and to prepare an Asset Management Implementation Plan (AMIP) consisting of recommended steps and their associated costs to implement a formal Program. A total of three ﬁrms responded with proposals to the solicitation and a Professional Services Agreement with West Yost & Associates Inc. was executed September 7, 2023, to perform the analysis.

On September 3, 2024 Amendment No. 1 was executed to perform the ﬁrst recommended steps pertaining to asset identiﬁcation, and data standards and governance elements of the AMIP. The initial elements include developing a database structure for a limited focus group of assets and data categories (reservoirs and sewer lift stations) that will serve as a guide for building the remaining asset groups (i.e. pipelines, wells, pressure reducing stations, etc.). Amendment No. 2 will ﬁrst enable continued building of the focus group by populating the asset database and establishing program data standards and governance for remaining assets, conducting on-site condition assessments, establishing program staﬀ roles and responsibilities, establishing criteria and risk framework, and finalizing the initial work for reservoirs and sewer lift stations.

Completed work from the initial focus group of assets is anticipated to guide the full scope of subsequent steps based on the complexity and interdependency of the AMIP. Tasks will be negotiated and adjusted as needed, using information from completed work to enhance the benefits and capabilities of the Program to meet the Agency’s goals.

Staff is recommending approval of Amendment No. 2 to the Professional Services Agreement based upon West Yost Associates’ experience, qualiﬁcations, familiarity with the Project, and performance in providing integrated project controls, assessment, and reporting services. 111
PAUL S. LEON
MAYOR
ALAN D. WA
PNER

MAYOR PRO TEM
JIM W. BO
WMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. M

ILHISER

CITY TREASURER

SCOTT OCH
OA

CITY MANAGER

AMENDMENT NO
. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

WEST YOST ASSOCIATES, INC

1. Parties a
nd Date.

This Ame
ndment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and West Yost Associates, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals
.

2.1 Agreement. Th e City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated September 7, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term of the agreement to June 30, 2028, and to increase the total compensation by One Million, Four- Hundred Forty- Nine Thousand, One-Hundred Twenty- Six Dollars ($ 1,449,126), for a not -to-exceed compensation of One Million, Five -Hundred Ninety-Seven Thousand, Two-Hundred Thirteen Doll ars ($1,597,213). The Parties have heretofore entered into that Amendment No. 1 dated September 3, 2024.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. “Section 3.1.2 – Term and 3.2.1 Compensation” of the Agreement is hereby amended in its entirety to read as follows:

Section 3.1.2 The term of this Agreement shall be from July 1, 2023 to June 30, 2028, 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
112
term of this Agreement if necessary to complete the Services.

Section 3.2.1 The total compensation shall not exceed One Million, Five-Hundred Ninety-Seven Thousand, Two-Hundred Thirteen Dollars ($1,597,213) 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 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended
by Amendment No 2.

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. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and 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]
113
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND WEST YOST ASSOCIATES, INC
I
N WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO WEST YOST ASSOCIATES, 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
At
tested By:

City Clerk
114

25 Edelman
Irvine CA 92618
949.420.3030 phone
530.756.5991 fax
westyost.com

February 18, 2025 SENT VIA: EMAIL

Mr. Thomas Lambertson, Principal Engineer
Ontario Municipal UƟliƟes Company
City of Ontario
1425 S. Bon View Avenue
Ontario, CA 91761

SUBJECT: Asset Management Implementation Plan – Work Tasks Professional Services Agreement, Amendment No. 2

Dear Mr. Lambertson:

We are pleased to provide this proposal for professional consulting services under the Professional Services Agreement between the City of Ontario (City) and West Yost Associates (WY), dated September 7, 2023. The Amendment No. 2 scope of services includes of completing the following tasks associated with the City’s Asset Management Implementation Plan (AMIP):
 Conduct an on-site physical inventory and visual condition assessment of assets composing reservoirs and lift stations and populate the asset register and hierarchy for both.  Development of asset data standards and an asset data governance plan.  Development of asset management roles and responsibilities.  Development and documentation of an all-assets Levels of Service (LOS) framework and develop LOS measures for reservoirs and lift stations.
 Develop an all-assets risk framework and risk scores for reservoirs and lift stations.  Develop a change management plan and a succession plan for the asset management program.  Create asset management plans (AMPs) for reservoirs and lift stations.  Provide training on the use of the reservoir and lift station AMPs as part of the City’s planning and decision making processes.
 Provide training on the use of Cityworks maintenance management software consistent with the reservoir and lift station AMPs.
 Complete the remaining steps recommended in the AMIP
Professional consulting services will be provided by West Yost as the prime consultant and The Ryen Group LLC (TRG) as subconsultant.
115
Thomas Lambertson
February 18, 2025

Page 2 ends

N-C-907-40-23-07-PM-AMENDMENT 2

PURPOSE
The purpose of this work is to progress the recommendations within the AMIP toward establishing a formal asset management program within the City’s Municipal Utilities Company (OMUC). Completion of the proposed work will take OMUC’s water, recycled water, and sewer asset classes through the AMIP Change Management & Succession Plan step, and will bring reservoirs and lift stations (a subset of OMUC’s assets) through the First Generation AMP and portions of the Re-Implement Cityworks step.

SCOPE OF SERVICES
This proposal describes professional consulting services anticipated to complete the scope of services.

The following is a list of the key tasks necessary to perform this work:
 Task 1. Strategic Planning, Project Management & Contract Administration  Task 2. Amendment Kickoff Meeting
 Task 3. Finalize Asset Data Standards and Asset Data Governance Plan  Task 4. Asset Management Roles and Responsibilities
 Task 5. Define Levels of Service
 Task 6. Site Assessment – Reservoirs and Lift Stations  Task 7. Risk Framework
 Task 8. Change Management and Succession Plan
 Task 9. First Generation Asset Management Plans
 Task 10. Training Use of AMP
 Task 11. Cityworks Training
 Task 12. Complete Remaining AMIP Steps
A detailed description of work proposed under each task is included in the sections that follow.

Task 1: Strategic Planning, Project Management & Contract Administration The objective of Task 1 is to provide strategic planning, project management, and contract administration for the duration of this Amendment scope of services. This Task includes:
 Strategic Planning
— Coordinate with the City to initiate the work, develop strategies for successful completion of the scope, and identify how future work within the AMIP should be completed or modified to better align with evolving City needs and priorities.  Project Management and Contract Administration
— Prepare for and attend biweekly progress meetings with City Program Manager and prepare meeting agendas and notes.
— Conduct biweekly internal project team meetings between prime consultant and subcontractor.
— Manage project budget, scope, and schedule.
— Prepare a Project Action Plan which outlines the agreed-upon Project schedule and milestones.
— Manage and coordinate with subconsultants.
116
Thomas Lambertson
February 18, 2025

Page 3 ends

N-C-907-40-23-07-PM-AMENDMENT 2

— Prepare and submit monthly invoices and progress reports.

Task 1 Assumptions
 Biweekly project status meetings will be held virtually.  Monthly progress reports will be included with monthly invoicing.  Contract administration activities will be performed for the duration of work that is authorized by this Amendment only.

Task 1 Deliverables
 Meeting agendas and meeting notes
 Monthly progress reports and invoices
 Project Action Plan
 Other relevant materials and subconsultant documentation Task 2: Amendment Kickoff Meeting
The objective of Task 2 is to align the City with the tasks and deliverables within the Amendment and to begin socializing initial frameworks and draft templates of the following:
 The methodology for the on-site asset inventory and visual condition assessment of the reservoirs and lift stations.
 An asset data standard and asset data governance plan.  An asset management roles and responsibilities plan.
 An all-assets LOS framework.
 An all-assets risk framework.
 A change management plan and succession plan.
 An AMP.
 Training on the use of AMPs within the City’s planning and decision-making processes.  Configuration of Cityworks maintenance management software consistent with AMPs.

This task includes preparing for, facilitating, and developing notes and actions items of the Amendment Kickoff Meeting with City staff. The purpose of the kickoff meeting is to align everyone on the objectives of this Amendment, to develop an Amendment action plan, and to discuss assumptions and potential risks associated with the scope, schedule, and budget. The meeting will also include a presentation of initial drafts of the above enumerated documents, frameworks, and plans. Initial feedback from the City will be incorporated into the documents in subsequent Tasks.

Task 2 Assumptions
 Essential City Staff will attend kickoff meeting, including at a minimum the City’s asset Manager and members of the Asset Management Steering Committee.
 Kickoff meeting held in-person at City facilities for a duration of 4 hours.  City will receive, review, and prepare comments on initial drafts prior to the kick-off meeting to facilitate best use of time.
 All initial drafts will use industry standard default content. Subsequent tasks (below) will refine the industry standard drafts to be unique to the City’s needs and incorporate City feedback and consultant’s review of existing City documentation.
 City will receive initial drafts at a minimum 4 weeks prior to the kickoff meeting.

117
Thomas Lambertson
February 18, 2025

Page 4 ends

N-C-907-40-23-07-PM-AMENDMENT 2

Task 2 Deliverables
 Kickoff meeting agenda, presentation materials, and meeting notes.

Task 3: Finalize Asset Data Standards and Asset Data Governance Plan The objective of Task 3 is to incorporate City feedback into the initial draft asset data standards document and the initial draft asset data governance plan and produce final versions of each. This Task is estimated to require three workshops, two for the asset data standards (one for water & recycled water assets, and one for sewer assets - to respect the business focus of each audience) and one for asset data governance (which is asset agnostic and centered on IT, GIS, CMMS, and Asset Management staff). Both the asset data standards and the asset data governance plan will address assets comprised of the water, recycled water, and wastewater asset classes.

Workshops are proposed to be on-site, however, based on the outcome of City feedback from Task 2, they can be remote if the City chooses.

This Task includes the following:
 Review and confirmation of City’s current practices and documentation for asset data standards and asset data governance which includes reviewing existing documentation, reports, policies, etc. that may exist within the IT department, GIS (City and OMUC), and other relevant sources as suggested by the City.
 Develop revised documents based on document review and City comments.  Preparation for and facilitation of workshops to refine the draft documents.

Task 3 Assumptions
 Workshops will be held on either the same day or on two consecutive days if they are on site.  Essential City staff will attend the workshops.
 Ad-hoc meetings will be required outside of the workshops for clarifications and questions, up to 10 hours.  Industry standard templates will require minimal editing to meet the City’s needs.

Task 3 Deliverables
 Two Data Standards Workshops – 1.5 hours each (on-site or remote)  One Data Governance Plan Workshop – 1.5 hours (on-site or remote)  Final Asset Data Standards Technical Memorandum (TM) for water, recycled water, and sewer assets  Final Asset Data Governance Plan for water, recycled water, and sewer asset data Task 4: Asset Management Roles and Responsibilities
The objective of Task 4 is to incorporate City feedback from the Kickoff Meeting into a final Asset Management Roles and Responsibilities RACI (Responsible, Accountable, Consulted, Informed) matrix. The RACI matrix defines the roles and responsibilities of City staff within the asset management system. Roles and responsibilities will be assigned to each clause of ISO 55001 (i.e., the clauses of ISO 55001 dictate what activities must happen within the City that, when collectively taken, result in a functioning asset management system).

The RACI matrix will be populated for the water, recycled water, and wastewater assets.

This Task includes:
 Presenting an AM RACI matrix to the City’s Asset Manager.  As needed, remote meetings with the City’s Asset Manager and other staff (as required) to populate the RACI matrix.
118
Thomas Lambertson
February 18, 2025

Page 5 ends

N-C-907-40-23-07-PM-AMENDMENT 2

Task 4 Assumptions
 Up to 12 remote meetings are assumed, 3 each for water, recycled water, and sewer  Remote meetings will be up to 1 hour in duration each.  City staff will actively participate in the assignment of RACI roles. Upon completion of the RACI matrix, the Asset Management Steering Committee will lead the phased implementation of the identified roles and responsibilities over the course of implementing the AMIP.

Task 4 Deliverables
 Initial RACI matrix for population
 Draft and final RACI matrix and TM
Task 5: Define Levels of Service
The objective of Task 5 is to establish a LOS framework for the potable water, recycled water, and sewer services provided to City customers. The creation of an LOS framework will capture qualitative and quantitative goals, objectives, and requirements (i.e., regulatory) and connect them to asset level performance goals (i.e., target average condition scores, target up-time, response times). The LOS framework connects technical measures at the asset (i.e., condition) and maintenance levels (i.e., % of preventive maintenance completions) to the ‘quality of service expectations’ of City customers (i.e., “safe and reliable drinking water”). This Task will incorporate City feedback on the initial document and from the Kickoff Meeting. LOS measures will be developed for reservoirs and lift stations only.

This Task includes:
 Gathering and reviewing strategic documents, regulatory documents, vision statements, master plans and other materials to establish City and other stakeholders’ needs and expectations of the assets (i.e., “environmentally compliant sewer system”).  Developing a set of SMART (Specific, Measurable, Achievable, Relevant, and Time-Bound) asset and maintenance goals that when achieved result in the City and its stakeholders receiving services at expected levels of quality.
 On-site workshops to develop and refine City & stakeholder goals and expectations and to develop asset & maintenance performance SMART goals.

Task 5 Assumptions
 Two on-site workshops at City facilities for 3 hours each time (one for water and recycled water; one for sewer).  Essential City staff will attend the workshops.
 The LOS methodology will follow industry standards as defined by the International Infrastructure Management Manual (IIMM) (This is consistent with the current AMIP)  The City will have three or fewer City/Stakeholder LOS goals (typical) and over time may add more asset management matures at the City.
 Asset and maintenance performance goals and measures developed for use in the workshop will include the following:
— For assets: Condition, Risk, Age
— For maintenance: Up-time, Percent of scheduled PMs completed on time, Percent of total work that is reactive maintenance, Response time to asset failure (main break, SSO, Pump failure, etc.)

119
Thomas Lambertson
February 18, 2025

Page 6 ends

N-C-907-40-23-07-PM-AMENDMENT 2

Task 5 Deliverables
 Initial set of LOS goals (City and Stakeholder, Asset and Maintenance)  Draft and Final LOS TM Including: LOS framework for water, recycled water and sewer assets; LOS goals and measures for reservoirs and lift stations

Task 6: Site Assessment – Reservoirs and Lift Stations
The objective of Task 6 is to carry out a physical on-site asset inventory of reservoirs and lift stations to populate the asset register (which will be organized by the existing asset hierarchies for each). During the site assessment each asset will receive a visual condition assessment that will be recorded into the asset register. We will assist the City with loading the newly populated asset register (for reservoirs and lift stations) into Cityworks.

Task 6 Assumptions
 City will provide one (1) or more staff to facilitate site assessments  Site assessments will require 16 hours (two full days) for reservoirs and 16 hours (two full days) for lift stations, and will be completed in a single consecutive four-day effort barring unforeseen schedule conflicts of consultants or City staff
 City staff will perform future site assessments using the methodology developed in this Amendment  Consultant will advise and support the City’s Cityworks technical administrator in loading reservoir and lift station assets consistent with the asset hierarchy (Consultant is assumed to have no access to the City’s Cityworks environment). 40 hours is allocated for this effort.

Task 6 Deliverables
 Physical on-site asset inventory and condition scoring, in a MS Excel file  Populated asset register and hierarchy for reservoirs and lift stations, in a MS Excel file Task 7: Risk Framework
The objective of Task 7 is to develop an all-assets risk framework. Risk refers to the probability of an asset failing (PoF) and the consequences should that asset fail (CoF). Assets with higher CoF often warrant greater preventive maintenance activities and/or being renewed or replaced sooner (i.e., before reaching certain age or condition thresholds) than assets with lower CoF measures. An ‘all-assets’ risk framework enables the City to compare risk across a wide range of assets on an “apples to apples” basis when making investment or maintenance decisions. Actual risk scores will be developed and assigned to assets in the water, recycled water, and wastewater asset classes.

This task includes:
 Risk framework finalization workshop to review incorporation of City’s feedback on the initial risk framework
 Evaluation of risk and assignment of risk scores to assets Task 7 Assumptions
 Two remote workshops, one for water (potable and recycled) and one for wastewater, 2 hours each  Additional ad-hoc meetings will occur as needed, remote, and are assumed to be up to 20 hours.  Essential City staff will attend workshops
 Initial PoF scores will be a function of age or condition  Initial CoF scores will be developed from the professional judgement of key City staff and their understanding of the assets and the consequences should they fail 120
Thomas Lambertson
February 18, 2025

Page 7 ends

N-C-907-40-23-07-PM-AMENDMENT 2

Task 7 Deliverables
 Draft and Final TM, including an all-assets risk framework  Assigned risk scores, in a MS Excel file (amendment to the asset registry developed in Task 6) Task 8: Change Management and Succession Plan
The objective of Task 8 is to create a Change Management Plan and a separate Succession Plan. The Change Management Plan identifies core teams within the City that support each step in the AMIP, the change in business processes the AMIP Step(s) will create, documentation of these changes, and how the changes will be communicated. The Change Management Plan and the RACI matrix (Task 4) work together.

The Succession Plan identifies the training, authorities, and duties of City staff that support the asset management program (the Succession Plan and also works together with the RACI matrix) and mitigates the risk of losing staff (i.e., losing the ‘business capability’ each staff brings to the asset management program) by defining a training plan, a promotion and/or hiring plan, and can be used to refine existing human resource (HR) processes (where feasible within HR best practices) for the purpose of ensuring the human resource stability of the asset management program.

Change Management and Succession Plans will be completed for the Asset Management Steering Committee, the Asset Manager, OMUC’s GIS staff, the Cityworks administrator, and the maintenance staff for water, recycled water, and wastewater.

This task includes:
 Revision of the initial draft Change Management Plan (presented at the Kickoff Meeting) to incorporate City feedback.
 Documentation of asset management business processes the AMIP will require.  Creation of an asset management business process communication plan, including the following topics:
— Content
— Cadence
— Ownership of the plan
 Revision of the initial draft Succession Plan (presented at the Kickoff Meeting) to incorporate City feedback.
 Documentation of the training, authorities, and duties of City staff that have RACI roles within the asset management program.
 Documentation of assumed / reasonably expected staff turnover across the RACI with target replacement windows to fill positions as staff turnover occurs.  Documentation of current HR processes for promoting and/or hiring staff to address turnover and the risks and opportunities of these processes with respect to impacts on the asset management program.
121
Thomas Lambertson
February 18, 2025

Page 8 ends

N-C-907-40-23-07-PM-AMENDMENT 2

Task 8 Assumptions
 Ad-hoc calls, Teams meetings, and emails will be held to move the draft deliverables to final. 20 hours allocated for this effort
 City possesses and will provide organizational charts, business process diagrams, training requirements, educational requirements, years of experience requirements, job descriptions, and other documentation as necessary. The City will provide professional judgement where documentation does not exist.
 All work will be completed remotely for this task.

Task 8 Deliverables
 Draft and Final Change Management Plan
 Draft and Final Succession Plan
Task 9: First Generation Asset Management Plans
The purpose of Task 9 is to create first generation asset management plans for reservoirs and lift stations.

An asset management plan (AMP) is a tactical document that specifies the maintenance and capital improvement activities to be performed for assets in order to achieve targeted asset performance goals (i.e., target condition levels, target response times to reactive maintenance, etc.) and in-turn deliver services at desired levels of quality (i.e., attain LOS goals). The AMP lays out the forecasted cost to carry out these actions over a minimum of 20 years. This allows the AMP to be a key input into larger City financial planning processes. The AMP is a key reference document for how and why the City’s computerized maintenance management system is configured and used the way it is (or will be).

The term ‘first generation’ is used because asset management plans (AMPs) are continuously evolving documents. In the course of developing the City’s first AMPs many unknowns will become known, such as asset level data availability, quality, quantity, resource bottlenecks, etc. Each AMP contains a section detailing recommended improvement actions (that are practical and achievable) to be carried out that will facilitate incremental improvement in the AMP itself and an asset management decision-making process. AMPs are updated on a formal schedule, ranging from annually to every 5 years based on the nature of the assets they address.

This task includes:
 Incorporating City feedback into the initial draft AMP templates (from Kickoff meeting).  Populating the AMP templates with LOS, Risk, and RACI content from previous Tasks  On-site workshops to capture the following:
— Specific maintenance activities required to meet asset performance goals from LOS measures — Specific capital rehab/renewal activities required to meet asset performance goals from LOS measures
— Costs for the above
 A 20 – 100 yr financial forecast (City to choose duration, recommend 100 yr, no cost impact) of asset condition under current funding scenario, a 2nd forecast of financial requirements to meet target LOS goals, and an analysis of ‘funding gap’.  Documentation of improvement opportunities to be carried out prior to AMP revision to facilitate continuous improvement in asset management.

Task 9 Assumptions
122
Thomas Lambertson
February 18, 2025

Page 9 ends

N-C-907-40-23-07-PM-AMENDMENT 2

 On-site maintenance activities workshops:
— Reservoirs: 1 workshop, 3 hours, on-site
— Lift Stations: workshop, 3 hours, on-site
 On-site capital rehabilitation and replacement workshops:
— Reservoirs: 1 workshop, 3 hours, on-site
— Lift Stations: 1 workshop, 3 hours, on-site
 Above workshops to occur over two separate trips that are two consecutive days each.  Two long term forecasts of asset condition will be developed:
— (1) Current funding scenario
— (2) Required funding scenarios to achieve LOS
— Forecasts will use estimated service lives (provided by City professional judgement) deteriorated over a curve modeling condition with rehab or replacement interventions to occur at thresholds set by City professional judgement, intervention costs will be estimates provided by City professional judgement, and forecast will be done using Consultant’s lifecycle cost modeling tools.

Task 9 Deliverables
 Draft and Final Reservoir Asset Management Plan
 Draft and Final Lift Station Asset Management Plan
Task 10: Training Use of AMP
The purpose of Task 10 is to provide training to a cross section of City business areas in how to understand the content of the AMPs and use the information they contain to support decision-making processes. For example, AMPs contain the best available asset level information regarding condition, and the cost of the activities carried out to maintain or improve asset conditions. This information should be incorporated into the development of capital improvement plans, financial plans, and human resourcing plans. The continuous improvement section of the AMP should inform decisions to improve data quality, hire contractors to perform asset inventories or carry out condition assessments, or to invest in software and/or technology tools. AMP training will expose City business functions to the role they play in the asset management decision-making process and how AMPs are a key input to decision making.

Task 10 Assumptions
 Workshops will be 1.5 hours per group (4 groups total) and held on-site at City facilities  Workshops will be held over two consecutive days
 Essential City staff will attend workshops
 At least the City’s Asset Manager and two members of the Asset Management Steering Committee will attend all workshops

Task 10 Deliverables
 AMP training workshops with the following groups:
— Capital Investment Planning
— Finance
— IT, GIS, Cityworks administrators
— Top management (City Manager, CFO, City Engineer, Human Resources)

123
Thomas Lambertson
February 18, 2025

Page 10 ends

N-C-907-40-23-07-PM-AMENDMENT 2

Task 11: Cityworks Training
The purpose of Task 11 is to provide training and advisory service to the Cityworks administrator in configuring Cityworks consistent with the AMPs. Training will also include end user training for reservoir and lift station maintenance staff, supervisors, and the City’s Asset Manager. Training will include use of mobile devices for completing work orders and inspections, service requests, reporting, and dashboarding of asset and maintenance information (counts, condition, risk, maintenance histories, costs, trends, etc.).

Task 11 Assumptions
 If on-site, training will be completed over a maximum of 2 trips: 2 days duration each trip  Fee for travel to be converted to additional services hours at City’s discretion if Cityworks training is held remotely.
 City has a Cityworks administrator that is fully proficient in the technical administration of Cityworks, and will make this person available to consultant as needed to support training.  City has a GIS staff member that is highly proficient in the Esri ArcGIS software suite and is also highly proficient with water, recycled water, and sewer GIS data.  City has mobile devices for field use of the Cityworks mobile applications  City is fully licensed with ArcGIS Enterprise

Task 11 Deliverables
 60 hours of on-site or remote training, with City; topics TBD per best value to City.

Task 12: Complete Remaining AMIP Tasks
The purpose of Task 12 is to identify and complete all remaining work to achieve the recommended steps as described in the AMIP. The remaining work from the AMIP primarily consists of the Dependencies, Assumptions, and Recommended Work Actions described in AMIP Steps 7 through 13 as listed:
 Step 7 – First Generation Asset Management Plan (all remaining assets)  Step 8 – Streamline and Standardized Inventory
 Step 9 – Re-Implement Cityworks
 Step 10 – Expand and Solidify Asset Management Tools
 Step 11 – Data Driven Maintenance Decision Making
 Step 12 – Long Term Funding Plan
 Step 13 – Asset Management Decision Making

Task 12 Assumptions
 The work to be completed in Tasks 1 through 11 of this amendment will provide guidance and will be incorporated into the detailed scope of work required to complete Task 12 (Steps 7 through 13 of the AMIP, listed above). Any recommendations or City requested deviations from the scope presented in the AMIP will be discussed with the City Asset Management Steering Committee and program/project management staff. However, the goal remains to develop asset management plans that meet the City’s operational and management needs.  The budget for Task 12 is based on the top end of the ranges provided in the AMIP. The final scope of work and schedule will be determined through negotiation once sufficient information is available for task definition.
124
Thomas Lambertson
February 18, 2025

Page 11 ends

N-C-907-40-23-07-PM-AMENDMENT 2

FEE ESTIMATE
The fee estimate for performing the scope of services described above is summarized by Task in Table 1.

As described above, the budget for Task 12 is based on ranges provided in the AMIP and the final scope of work will be determined once Tasks 1 through 11 are complete and/or sufficient information is available for task definition.

Table 1. Amendment No. 2 – Estimated Fee Summary
Task Estimated Budget, dollars
Task 1. Strategic Planning, Project Management & Contract Administration $27,960 Task 2. Amendment Kickoff Meeting $80,780
Task 3. Finalize Asset Data Standards and Asset Data Governance Plan $39,466 Task 4. Asset Management Roles and Responsibilities $61,348 Task 5. Define Levels of Service $81,258
Task 6. Site Assessment – Reservoirs and Lift Stations $40,000 Task 7. Risk Framework $68,308
Task 8. Change Management and Succession Plan $74,724
Task 9. First Generation Asset Management Plans $43,502 Task 10. Training Use of AMP $7,850
Task 11. Cityworks Training $16,430
Task 12. Complete Remaining AMIP Steps $907,500
Total Amendment No. 2 Budget $1,449,126
A detailed breakdown of the fee estimate is contained in Attachment A. Billing rates will be updated annually and work on this Amendment will be billed on a time and materials basis in accordance with our existing Professional Services Agreement. Current billing rates are included in Attachment B.

The fee estimate provided in this proposal represents an estimate of the anticipated level of effort required to complete the Tasks described above. Should the actual effort required to complete the proposed Tasks be less than anticipated, the amount billed will be less than the total fee estimate.

Conversely, should the actual effort to complete the proposed Tasks be greater than anticipated, additional fee authorizations will be requested. Bi-weekly project management meetings and monthly reports will provide continuous updates to the City regarding project scope, schedule, and budget. Our proposal amount will not be exceeded unless authorized to do so in writing by the City.

SCHEDULE
The time required to complete various activities is dependent, in part, on the time required for review of the draft deliverables by the City. For overall scheduling purposes, we have assumed that the duration of the City review of the draft deliverables will be four weeks. West Yost will provide responses to City review comments within one week of receiving comments on a particular submittal. The project schedule will be agreed to and actively managed in the Project Action Plan. It is expected the work for Tasks 1 through 11 will be completed by June 30, 2026 (end of fiscal year 25/26) based on a notice to proceed in March 2025.

Task 12 is expected to be completed by June 30, 2028.

125
Thomas Lambertson
February 18, 2025

Page 12 ends

N-C-907-40-23-07-PM-AMENDMENT 2

CLOSING
If you have any questions, please feel free to contact Anne Girtz at (949) 662-5994.

Sincerely,

WEST YOST

Anne Girtz, PE Lindsay Smith, PE
Project Manager Vice President
RCE #91396 RCE#72996

Attachment A: West Yost 2025 Fee Estimate
Attachment B: West Yost 2025 Billing Rate Schedule
126

West Yost 2025 Fee Estimate

Attachment A
127
Senior Engineer
II
Subconsultant
(TRG)
QC Review &
Admin
West Yost Associates Hours Fee Other Total
$300 $210 $127 Direct Costs
PROJECT: OMUC - AMIP Work Tasks - Amendment No. 2 A. Girtz R. Tarbet Strategic Planning, PM, Contract Admin

1.1 Strategic Planning & Contract Admin 8 16 24 $5,760 $5,760

1.2 Bi-Weekly PM Meetings, Agendas, Notes 16 40 56 $13,200 $13,200

1.3 Monthly Progress Reports 16 20 36 $9,000 $9,000
40 76
$12,000 $15,960 $27,960 $0 $27,960
Kickoff Meeting & Deliverables Familiarization

2.1 Prepare for Kickoff Meeting (Initial Drafts) 16 140 156 $34,200 $34,200

2.2 Hold Kickoff Meeting - Onsite 4 hrs. 8 8 16 $4,080 $1,250 $5,330

2.3 Develop Amendment Action Plan 4 25 29 $6,450 $6,450

2.4 Consolidate City Feedback on Initial Drafts 4 120 152 $34,800 $34,800 32 293
$9,600 $61,530 $79,530 $1,250 $80,780
Finalize Asset Data Stds. & Asset Data Gov. Plans

3.1 Prepare for Asset Data Standards Workshop 4 20 24 $5,400 $5,400

3.2 Prepare for Asset Data Governance Workshop 4 20 24 $5,400 $5,400

3.3 Hold Stds. Workshop - Onsite 3hrs. 8 10 18 $4,500 $1,250 $5,750

3.4 Hold Gov. Workshop - Onsite 1.5hrs. 8 10 18 $4,500 $4,500

3.5 Ad Hoc. Meetings 4 10 14 $3,300 $3,300

3.6 Develop Final Asset Data Stds. Doc. 6 25 4 35 $7,558 $7,558

3.7 Develop Final Asset Data Gov. Doc. 6 25 4 35 $7,558 $7,558 40 120 8 168
$12,000 $25,200 $1,680 $38,216 $1,250 $39,466
AM Roles & Responsibilties RACI Matrix

4.1 Deliver Initial RACI Matrix to City AM Mgr. 16 90 106 $23,700 $23,700

4.2 As Needed Remote Meetings (up to 12 est.) 12 24 36 $8,640 $8,640

4.3 Final RACI Matrix 18 110 4 132 $29,008 $29,008
46 224 4 274
$13,800 $47,040 $840 $61,348 $0 $61,348
Define Levels of Service

5.1 LOS with Kickoff Meeting Feedback Updates 30 60 90 $21,600 $21,600

5.2 Refinement of SMART Goals 8 50 58 $12,900 $12,900

5.3 Onsite Workshops (W & RW, S) 6 hrs. 8 10 18 $4,500 $1,250 $5,750

5.4 Develop final LOS for reservoirs & lift stations 30 150 4 184 $41,008 $41,008 76 270 4 350
$22,800 $56,700 $840 $80,008 $1,250 $81,258
Onsite Asset Inventory & Visual Condition Assessment

6.1 Pull feedback into assessment methodology 16 20 36 $9,000 $9,000

6.2 Pull feedback into condition methodology 16 20 36 $9,000 $9,000

6.3 Prepare for and conduct assessments 16 16 32 $8,160 $2,500 $10,660

6.4 Populate asset register & hierarchy 20 20 $4,200 $4,200

6.5 Load reservoirs and liftstations into Cityworks 34 34 $7,140 $7,140 48 110 0 158
$14,400 $23,100 $0 $37,500 $2,500 $40,000
Risk Framework

7.1 Pull feedback into draft risk framework 20 40 60 $14,400 $14,400

7.2 Develop PoF scores - age/condition based 20 30 50 $12,300 $12,300

7.3 Develop CoF scores - professional judgement 30 30 60 $15,300 $15,300

7.4 Prepare & Hold Remote Workshop x 2, 2hrs. 10 10 20 $5,100 $5,100

7.5 Ad Hoc. Meetings 10 10 20 $5,100 $5,100

7.6 Assign risk scores to reservoirs and lift stations 10 60 4 74 $16,108 $16,108 100 180 4 284
$30,000 $37,800 $840 $68,308 $0 $68,308
Change Mgt. Plan & Succssion Plan

8.1 Pull feedback into draft plans 8 40 48 $10,800 $10,800

8.2 CMP - document AMIP business processes 8 60 68 $15,000 $15,000

8.3 CMP - content, cadence, ownership 8 40 48 $10,800 $10,800

8.4 SP - document training, authorities, duties, HR 8 40 48 $10,800 $10,800

8.5 Finalize CMP 8 60 6 74 $15,762 $15,762

8.6 Finalize SP 8 20 6 34 $7,362 $7,362

8.7 Ad-hoc meetings 20 20 $4,200 $4,200
48 280 12 340
$14,400 $58,800 $2,520 $74,724 $0 $74,724
First Generation Asset Management Plan

9.1 Pull AMP feedback into initial draft 4 16 20 $4,560 $4,560

9.2 Populate AMP with LOS, Risk, RACI 16 16 $3,360 $3,360

9.3 Prepare & Hold maint. and R&R workshops - onsite 12 hours 24 24 $5,040 $2,500 $7,540

9.4 Ad hoc. Meetings to clarify workshop findings 4 20 $5,400 $5,400

9.5 Run financial vs. LOS forecasts 40 40 $8,400 $8,400

9.6 Document 'funding gaps' 2 10 12 $2,700 $2,700

9.7 Continuous improvements 2 10 12 $2,700 $2,700

9.8 Finalize AMPs for Reservoirs and Liftstations 8 21 16 45 $8,842 $8,842 20 157 16 169
$6,000 $32,970 $3,360 $41,002 $2,500 $43,502
Asset Management Plan Training

10.1 Prepare and hold traing - 4 groups - onsite - 1.5hrs each group 8 20 28 $6,600 $1,250 $7,850 8 20 0 28
$2,400 $4,200 $0 $6,600 $1,250 $7,850
Cityworks Training

11.1 Cityworks Training 60 60 $12,600 $12,600

11.2 Onsite, 2 trips, 2days each 0 $0 $3,830 $3,830
0 60 0 60
$0 $12,600 $0 $12,600 $3,830 $16,430
Completion of Remaining AMIP Tasks

12.1 Step 7 - First Gen AMPs 250 550 24 824 $193,548 $193,548

12.2 Step 8 - Streamline and Standadize Inventory 25 200 8 233 $50,516 $50,516

12.3 Step 9 - Re-Implement Cityworks 100 900 1000 $219,000 $219,000

12.4 Step 10 - Expand and Solidify AM Tools 40 395 8 443 $95,966 $95,966

12.5 Step 11 - Data Driven Maintenance Decision Making 220 500 8 728 $172,016 $172,016

12.6 Step 12 - Long Term Funding Plan 60 260 16 336 $74,632 $74,632

12.7 Step 13 - AM Decision Making 100 331 8 439 $100,526 $1,296 $101,822 100 331 8 439
$30,000 $69,510 $1,680 $906,204 $1,296 $907,500
458 1790 48 1831
$137,400 $375,900 $10,080 $527,796 $13,830 $1,449,126
TOTAL (hours)
TOTAL ($)
Task 10
Subtotal, Task 10 (hours)
Subtotal, Task 10 ($)
Task 11
Subtotal, Task 11 (hours)
Subtotal, Task 11 ($)
Task 12
Subtotal, Task 12 (hours)
Subtotal, Task 12 ($)
Subtotal, Task 9 ($)
Task 6
Subtotal, Task 6 (hours)
Subtotal, Task 6 ($)
Task 7
Subtotal, Task 7 (hours)
Subtotal, Task 7 ($)
Task 8
Subtotal, Task 8 (hours)
Subtotal, Task 8 ($)
Task 9
Subtotal, Task 9 (hours)
Subtotal, Task 5 ($)
Task 2
Subtotal, Task 2 (hours)
Subtotal, Task 2 ($)
Task 3
Subtotal, Task 3 (hours)
Subtotal, Task 3 ($)
Task 4
Subtotal, Task 4 (hours)
Subtotal, Task 4 ($)
Task 5
Subtotal, Task 5 (hours)
Labor Costs
Task 1
Subtotal, Task 1 (hours)
Subtotal, Task 1 ($)
128

West Yost 2025 Billing Rate Schedule

Attachment B
129
(Effe
ctive January 1, 2025, through December 31, 2025)*
POSIT
IONS

ENGINEERING
Pr
incipal/Vice President $373
Engineer/Scientist/Geologist Manager I / II $352 / $369 Pr
incipal Engineer/Scientist/Geologist I / II $317 / $338 Se
nior Engineer/Scientist/Geologist I / II $286 / $300
Asso
ciate Engineer/Scientist/Geologist I / II $237 / $255
En
gineer/Scientist/Geologist I / II $185 / $215
En
gineering Aide $111
Field Monitoring Services $138
Administrative I / II / III / IV $102 / $127 / $152 / $168 EN

GINEERING TECHNOLOGY
En
gineering Tech Manager I / II $366 / $369
Pr
incipal Tech Specialist I / II $336 / $348
Se
nior Tech Specialist I / II $308 / $321
Se
nior GIS Analyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 / $224 / $251 / $280 Techn
ical Analyst I / II $141 / $168
Techn
ical Analyst Intern $113
Cross-Connection Control Specialist I / II / III / IV $147 / $159 / $179 / $198 CAD
Manager $222
CAD Designer I / II $172 / $194

CONSTRUCTION

MANAGEMENT
Se
nior Construction Manager $355
Construction Manager I / II / III / IV $211 / $226 / $239 / $303 Residen
t Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $190 / $211 / $235 / $244 Ap
prentice Inspector $172
CM Administrative I / II $91 / $124
Fie
ld Services $244
2 025 Billing Rate Schedule
LA

BOR CHARGES (DOLLARS PER HOUR)
■ Ho
urly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outs
ide services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The F
ederal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Su
bconsultants will be billed at actual cost plus 10%.
■ Ex
pert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A fin
ance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This
schedule is updated annually Page 1 of 2130
Department: Utilities
Prepared By: Courtney Jones
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

NOSSAMAN LLP FOR LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER

AND WASTEWATER MATTERS

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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

The Fiscal Year 2024-25 Adopted Budget includes appropriations from the Water Operating and Sewer Operating Funds for these services. If approved, additional appropriations in the Water and Sewer Operating Funds will be included in the next Quarterly Budget Update Report to the City Council, as needed. There is no impact to the General Fund.

Under the existing Agreement and proposed amendment, expenditures will be based on a negotiated billing rate sheet, and proposals will be requested per speciﬁc tasks between Nossaman LLP (Nossaman) and the City. Any increases to the billing rates will be negotiated at the City’s discretion.

BACKGROUND & ANALYSIS:

The City has historically used Nossaman for legal and technical representation regarding water supply, water rights, and wastewater matters. Nossaman's involvement will be critical for the continuation of several multi-year eﬀorts and emerging regional 131
topics anticipated over the next few years.

The City’s multi-year eﬀorts to achieve several goals include ensuring the protection of our local water supply, mitigating impacts on consumer costs, and maintaining recycled water rights through collaboration with the Inland Empire Utilities Agency (IEUA) and the Chino Basin Watermaster (Watermaster). Other eﬀorts include the Meter Equivalent Unit (MEU) charge, regional sewage contract, and regional projects.

The additional funds requested were evaluated based on the status of matters and will ensure the continuity of legal services central to preserving and managing Ontario's utility resources and services to its community. The proposed action on these eﬀorts is consistent with the City Council's direction to the City Manager to engage in settlement discussions and pursue legal actions if necessary and as appropriate.
132

63309511.v1
February 4, 2025

Mr. Scott Burton
Utilities General Manager
City of Ontario
1425 South Bon View Avenue
Ontario, California 91761

Re: Amendment No. 1 to Engagement Agreement for Legal Services as Special Counsel for Water and Wastewater Issues – Fiscal Years 2024/2025 through 2025/2026
Dear Scott:

We are very pleased to have the opportunity to continue to provide legal services to the City of Ontario (“City” or “Client”) pursuant to this Amended Engagement Agreement (“Agreement”) covering the period fiscal years 2024/2025 through 2025/2026. (The terms “you” and “yours” as used in this letter shall refer to the City, and the terms “we”, “us” and “ours” shall refer to Nossaman LLP (“Nossaman” or the “Firm”)).

We expect that these services will be provided principally by attorneys resident in our Los Angeles Office, although we may call upon attorneys in our other offices to provide advice or assistance on your matter if appropriate. This letter will serve to record our Agreement of the terms and conditions of our representation.

1. You have asked us and we agree to represent the City with respect to matters related to the City’s water rights, water supply, water rates, water quality, and wastewater issues (the “Services”).

2. On matters covered by this Agreement, we agree to provide such legal Services as we determine are reasonably required to represent you, to take reasonable steps to keep you informed of facts and developments concerning the subject matter of this engagement as they come to our attention, and to respond to your reasonable inquiries. You agree to cooperate with us, to keep us informed of developments, to abide by this Agreement and to pay our statements for the Services in a timely manner.

ATTORNEYS AT LAW
777 South Figueroa Street
34th Floor
Los Angeles, CA 90017
T 213.612.7800
F 213.612.7801
Frederic A. Fudacz
D 213.612.7823
[email protected]
Refer To File # 280856-0002

133
Mr. Scott Burton
February 4, 2025

Page 2 ends

63309511.v1

3. We 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, and consistent with all applicable laws. We represent that we, our employees, consultants and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

4. Our fees for services provided to you pursuant to this Agreement will be calculated and billed based upon hourly rates established for each attorney, paralegal and clerk rendering services on your matters. However, unless expressly agreed in writing in advance by the City, the cost to the City for the Services for the period beginning July 1, 2024 through and including June 30, 2026 shall not exceed $3,600,000 (“Services Cost”). Our statements for the Services will provide you with a description of such Services performed, the date they were performed, the time devoted to your matters and the specific hourly rate of the attorney, paralegal or clerk that performed the Services on your behalf.

5. The hourly rates of individuals who are currently expected to perform the Services with respect to your matters are set forth on Attachment “A” hereto and will generally be recorded and billed one-tenth hour increments. If other personnel are asked to perform the Services, you will be informed of their billing rates on the first statement following their initial service. We expect that the attorneys listed on Attachment “A” will render the bulk of the Services. From time to time, our rate structure in general, or the rates of particular attorneys, paralegals or clerks, may be increased. If so, you will be advised of the new rates. The new rates shall apply to all work performed after you have been advised of the new rates.

6. Our hourly rates apply to all time spent on your behalf, including but not limited to court appearances; motion practice; preparing, analyzing, reviewing and revising correspondence and documents; factual and legal research; consultation and advice; conducting negotiations; engaging in depositions and other discovery; conferences; preparing for and conducting trials and appeals; out of town travel; conferring with other attorneys in our firm, or with witnesses or attorneys also involved in the matter; and such other services of a professional nature as this engagement may require.

7. We will ordinarily incur various costs and expenses or will provide certain in-house services while performing legal Services. You agree to pay for these items in addition to our fees for legal Services. The costs and expenses and in-house services may include, but will not necessarily be limited to, filing fees fixed by law or assessed by courts or other agencies; court reporters’ fees; witness fees; experts’ fees; consultants’ fees; process server fees; investigation expenses; out of town travel expenses; long 134
Mr. Scott Burton
February 4, 2025

Page 3 ends

63309511.v1
distance telephone charges; messenger and private courier delivery charges; photocopying and other reproduction services; computerized research charges; and similar items.

In-house services such as duplicating and fax expenses will be charged in accordance with our general Firm policies which are designed to reimburse us for our cost of providing those services. Currently, our firm charges $1.00 for outgoing faxes and $0.10 cents per page for copying. External costs and expenses are charged at our cost, including computerized research and electronic evidence data processing. Where the Firm maintains a fixed subscription contract with a vendor for computerized research, you will be charged for the actual cost incurred by the Firm during the given month which often results in substantial discounts of the vendor’s regular rates. We will not charge you for word processing, overtime expenses associated with administrative or secretarial personnel, telephone calls within the United States and similar items unless these items are unusually large in amount and we obtain your agreement in advance. We will not add a “handling” charge for costs and expenses incurred on your behalf.

8. We are normally not required to advance payment for any external expenses. Instead, clients agree to pay such charges directly to the vendors, in a timely manner, upon our submission of their invoices to them. We may, from time to time, but are not required to, pay minor expenses of outside vendors as a convenience to you and will then include them within our statements for Services. In addition, if you do not make timely payment to vendors, we reserve the right to pay those vendors on your behalf and include such charges in our statements and require reimbursement from you. It is important that vendors be promptly reimbursed so that we can retain good professional relationships with those vendors.

9. Our files for work prepared pursuant to this Agreement are your property.

We will release our files for work performed pursuant to this Agreement to you or to anyone else you designate upon your written request delivered to the attorney in charge of this matter. However, you agree that we may, in our sole discretion, copy all or any portion of the file and charge the copying costs to you, and that we may have a reasonable period of time before releasing the documents to you or anyone else you designate in order to copy all or any portion of the files you have directed us to surrender. We will, from time to time, send portions of your files that are not currently needed to an off-site storage facility. The cost of this facility will be our sole expense.

However, we are not the guarantor of the security of any off-site storage facility.

Accordingly, you agree that the Firm will not be responsible for any damages which may occur as a result of the loss of any of your files which we store at an off-site storage facility. You also agree that we may, after the passage of two years without our having performed any work for you pursuant to this engagement for Services, destroy your files unless you provide us with written instruction to forward the files to you or to another person you designate.
135
Mr. Scott Burton
February 4, 2025

Page 4 ends

63309511.v1

10. You agree to keep us informed of any change in your address or telephone numbers or electronic mail address so that we may effectively communicate with you.

We will also advise you promptly of any change in the Firm’s business address, electronic mail address or telephone or facsimile numbers. You agree that we may communicate with you via electronic mail even though it may not be completely secure.

11. Please be advised that we have adopted a privacy policy in compliance with the requirements of the Gramm-Leach-Bliley Act, a copy of which is attached to this letter. If you have any questions concerning our Privacy Policy, please contact us.

12. To aid in your matters, it may become necessary to hire experts, consultants or investigators. Such persons will be employed by us on your behalf, not by you, so as to protect any privileged work; but we will not hire such persons unless you approve and also agree to pay their fees and charges. The responsibility to pay for their services is solely yours.

13. We will send you periodic statements for fees and costs incurred. Each statement will be payable upon presentation. If any statement or any portion thereof is not paid within 90 days, then the unpaid amount of such statement will bear interest at the maximum legal rate allowed by law, but not in excess of twelve percent (12%) interest per annum compounded monthly, and we will also have the right to withdraw as your attorneys.

14. You may discharge us as your attorneys at any time. We may withdraw as your attorneys with your consent, or for good cause. Good cause includes but is not limited to the following: your breach of this Agreement; your failure to pay our bills on time; your refusal to cooperate with us; your refusal to follow our advice on a material matter; the development of irreconcilable disagreement between you and us as to the conduct of the engagement; or any other fact or circumstance that would render our continuing representation contrary to your interests, or to law, or to the rules of professional conduct. Failure to withdraw as your attorneys on any one occasion shall not be a waiver of our right to do so if such other occasions arise.

If you discharge us, or if we elect to withdraw, you agree to secure forthwith other counsel of your own selection to represent you and, if we are your attorneys of record in any litigation, to cooperate fully in substituting such new counsel as your attorneys of record in the litigation.

15. Nothing in this Agreement and nothing in our statements to you should be construed as a guarantee or promise about the outcome of the City’s matters or any phase thereof. We make no such guarantees or promises. Comments about the course or outcome of your matters or any phase thereof which we may make from time to time are expressions of opinion only. You acknowledge that the amount of legal fees and costs which may be incurred on your behalf pursuant to this Agreement is not capable of 136
Mr. Scott Burton
February 4, 2025

Page 5 ends

63309511.v1
precise prediction; and you acknowledge that we have made no guarantees or promises and that you have set no limits with regard to the cost of Services we provide you. We both acknowledge that this Agreement constitutes the entire understanding and agreement regarding our engagement to provide you with legal Services, and is intended to supersede and replace in their entirety any previously executed engagement agreements or amendments thereto.

16. If an action or proceeding is commenced to enforce this Agreement or any provision hereof, the prevailing party in such an action or proceeding shall be entitled to recover the reasonable amount of his, her or its fees and costs thereof, in addition to compensatory damages. For the purposes of enforcing this Agreement only, and as otherwise required by law, you agree that this Agreement may be disclosed to a court or arbitrator.

17. This Agreement is made under and shall be construed in accordance with the substantive laws of the State of California without reference to its choice of law rules

18. We carry professional liability insurance which would cover the Services we will be providing to you under the terms of this Agreement. That insurance is subject to a significant self-insured retention. We also carry general liability and worker’s compensation and employees liability insurance in which the City is named as an additional insured and for which a waiver of subrogation in favor of the City applies. Our coverage satisfies the limits specified by the City as follows:
 $1 Million in general liability with $2 Million aggregate;  $1 Million in automobile liability;
 $1 Million in workers’ compensation liability;
 $1 Million in professional liability; and
 $1 Million cyber liability

19. The City hereby designates Scott Burton, Utilities General Manager ("City's Representative"), or his designee, to act as its representative for the performance of this Agreement. To the extent that City’s Representative elects to appoint or designate a designee to act on his behalf for purposes of this Agreement, then City’s Representative shall notify us in writing. City's Representative and his designee made known to us shall have the power to act on behalf of the City for all purposes under this Agreement. We shall not accept direction or orders from any person other than the City's Representative or his designee made known to us. 137
Mr. Scott Burton
February 4, 2025

Page 6 ends

63309511.v1

20. In the event the City Representative determines that additional Services (or work similar thereto) are required to complete the Services and the cost thereof exceeds the Services Cost, City Representative shall have the authority to use any contingency amount authorized by the City Council, to pay for such additional Services or work.

21. The term of this Agreement shall be from July 1, 2024 through and including June 30, 2026.

We are very proud of our client relationships, and occasionally identify clients to others who ask about our client base, or in institutional materials. Unless you object in writing, we assume that you agree that we may state that we represent you in such matters as we deem appropriate, although of course we would not publish or disseminate any confidential information pursuant to the privacy policy attached hereto.

If these terms are acceptable to you, please sign in the space provided below and return this Agreement to us in the envelope enclosed for your convenience.

We appreciate your confidence in our firm and look forward to working with you.

Very truly yours,

Frederic A. Fudacz
Nossaman LLP
FAF:mbw

Enclosures

cc: Courtney Jones, P.E.

Chad Nishida, P.E.

138
Mr. Scott Burton
February 4, 2025

Page 7 ends

63309511.v1

ACCEPTANCE

I have read and understand the forgoing terms and agree to them as of the date that Nossaman LLP first provided services to the City of Ontario.

Dated: CITY OF ONTARIO

By:

Printed Name:

Title:

139
Mr. Scott Burton
February 4, 2025

Page 8 ends

63309511.v1
ATTACHMENT “A” TO AMENDMENT NO. 1 AGREEMENT - 2/4/25

Billing Rates, charged in one-tenth increments:

TIMEKEEPER Hourly Rate

Attorneys

Partners:

Frederic A. Fudacz $620.00
Robert Thornton $620.00
David C. Lee $620.00
Jennifer Meeker $620.00
Ilse C. Scott $620.00
Alexander Westerfield $620.00
Ginia Nicholls $595.00

Associates:

Raven McGuane $365.00
Alex Van Roekel $365.00
Samantha A. Murray $365.00

Paralegals/Clerks:

Kameran Hedayat $275.00
Amanda Johnston $275.00
____FAF_________ _________________
Nossaman Partner Client Initials

140
Mr. Scott Burton
February 4, 2025

Page 9 ends

63309511.v1

PRIVACY POLICY OF NOSSAMAN LLP
Lawyers, as providers of certain personal services, are now required by the Gramm- Leach-Bliley Act to inform their clients of their policies regarding privacy of client information. Our law firm understands your concerns as a client for privacy and the need to ensure the privacy of all your information. Your privacy is important to us and maintaining your trust and confidence is a high priority. Lawyers have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by such Act. Therefore, we have always protected your right to privacy. The purpose of this notice is to explain, as now required by law, our Privacy Policy with regard to personal information about you that we obtain and how we keep that information secure.

NONPUBLIC PERSONAL INFORMATION WE COLLECT
We collect nonpublic personal information about you that is provided to us by you or obtained by us with your authorization or consent, or otherwise furnished to us in the performance of our engagement, as through discovery in litigation.

WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT OUR CLIENTS

OR FORMER CLIENTS TO ANYONE, EXCEPT AS PERMITTED OR REQUIRED BY LAW AND ANY APPLICABLE STATE ETHICS RULES.

We do not disclose any nonpublic personal information about current or former clients obtained in the course of representation of those clients, except as expressly or impliedly authorized by those clients to enable us to effectuate the purpose of our representation or as required or permitted by law or applicable provisions of codes of professional responsibility or ethical rules governing our conduct as lawyers. In that regard, California law generally provides that lawyers are absolutely required not to reveal confidential information about clients, except as authorized by the client or as compelled by law.

CONFIDENTIALITY AND SECURITY
We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and to comply with professional guidelines or requirements of law. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards.

141
Department: Utilities
Prepared By: Jonathan Yang
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

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

A C
ONSTRUCTION CONTRACT WITH RAMONA INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP INC., AND AMENDMENTS TO THE

PROFESSIONAL SERVICES AGREEMENTS WITH AKM CONSULTING ENGINEERS INC., AND KLEINFELDER INC., FOR THE LAUREL AVENUE SEWER MAIN

IMPROVEMENTS, NOCTA STREET SEWER MAIN IMPROVEMENTS, AND NOCTA

STREET PRIVATE SEWER LATERAL IMPROVEMENTS

CITY OF ONTARIO
Agenda Report
March
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

B
.

Approve and authorize the City Manager, or designee to execute a Professional Services Agreement with Ardurra Group Inc., of Newport Beach, California, for a total not-to-exceed amount of $111,272 for construction engineering services and a term from March 4, 2025 to March 4, 2027.

C
.

D
.

Approve and authorize the City Manager, or designee to execute Amendment No. 8 to the Professional Services Agreement with Kleinfelder Inc., of Ontario, California, for a total not-to- exceed amount of $1,691,206 for geotechnical and material testing services and a term from February 7, 2023 to February 7, 2027.
142
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The recommended Contract award to Ramona Inc. is for $4,340,420 plus a 15% contingency of $651,063, for a total not-to-exceed amount of $4,991,483. Proposed Professional Services Agreement to Ardurra Group Inc. is for a total amount not-to-exceed $111,272. Proposed Amendment No. 1 to AKM Consulting Engineers Inc. increases the agreement by $536,778, for a total revised agreement amount of not-to-exceed $1,136,778. Proposed Amendment No. 8 to Kleinfelder Inc. increases the agreement by $135,654, for a total revised agreement amount of not- to-exceed $1,691,206. The total cost for the recommended action is $5,775,187.

The Fiscal Year 2024-25 Adopted Budget includes appropriations from the Sewer Capital Fund for the construction and construction support services for this project. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City’s Sewer Master Plan (SMP), in conjunction with maintenance cost data, has identiﬁed the need to upgrade existing sewer infrastructure within the downtown area to facilitate planned downtown economic redevelopment and housing projects. Speciﬁcally, most of the ﬂow in the existing sewer main along the alley east of Laurel Avenue, between G Street and Holt Boulevard, will be diverted into larger-diameter mains to alleviate demand on the existing system.

Diversion of this ﬂow and construction of the new sewer main will also support redevelopment opportunities in the vicinity of this project.

The SMP has also identiﬁed the need for construction of new sewer mains and realignment of various sewer laterals and a main within private and City owned properties along Nocta Street, Allyn Avenue, and Holt Boulevard. The construction and realignment of these sewer mains will allow for the City’s planned aﬀordable housing redevelopment project at the northeast intersection of Allyn Avenue and Holt Boulevard. In order to facilitate redevelopment within the City-owned property, relocation of the existing on-site sewer mains to the public streets is necessary.

The work under this contract will construct 3,200 linear feet of 10-inch sewer main in Laurel Avenue and G Street, 1,700 linear feet of 8-inch sewer main in Nocta Street and Allyn Avenue (Exhibit “A”), realignment of the four private sewer laterals for Nocta Street properties that will ﬂow north to the new sewer main in Nocta Street (Exhibit “B”), and connection to existing sewer systems at various street intersections. Work will also include the temporary bypassing of sewer ﬂows, implementation of traffic control during construction activities, pavement repair, and street restoration.

On December 12, 2024, six (6) bids were received for Bid No. 1861, Laurel Avenue Sewer Main Improvements, Nocta Street Sewer Main Improvements, and Nocta Street Private Sewer Lateral Improvements, OMUC Contract No.s UT 1067, 1070, and 1077. The bids ranged from a low bid amount of $4,340,420 to a high bid amount of $9,011,440.

143
The lowest four (4) bids are summarized below
:

Bidder
Location
Amount
Ramona Inc.

Baldwin Park, California
$4,340,420
CEM Construction Corp
Montebello, California
$4,898,465
Norstar Plumbing &
Engineering Inc.

Alta Loma, California
$5,298,157.13
T.E. Roberts Inc.

Irvine, California
$6,030,661
Various support services will be required during construction. Ardurra Group Inc. will provide construction engineering services, as they are Engineer of Record and have developed the project’s plans and speciﬁcations, AKM Consulting Engineers Inc. will provide construction management and inspections services, and Kleinfelder Inc. will provide geotechnical and material testing services.

The City ﬁrst contracted with AKM Consulting Engineers Inc. in June of 2024 after an extensive Request for Proposal selection processes for on-call construction management and inspection services and ﬁrst contracted with Kleinfelder Inc. in March of 2023 after an extensive Request for Qualification selection processes for on-call geotechnical and material testing services.

ENVIRONMENTAL REVIEW:

The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from CEQA pursuant to Article 19 Section 15031, which states that operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of Class 1 “Existing Facilities” are exempt from the requirements of CEQA. Thus, no further CEQA analysis is required. 144
Exhibit “A”

145
Exhibit “B”

146

SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20_ _, in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Ramona Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

UT1067 LAUREL AVENUE SEWER MAIN IMPROVEMENTS, UT1070 NOCTA STREET SEWER MAIN IMPROVEMENTS, AND UT1077 NOCTA STREET PRIVATE SEWER

LATERAL IMPROVEMENTS

The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.

The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 330 calendar days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Million, Three Hundred Forty Thousand, Four Hundred Twenty Dollars ($4,340,420), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every 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
147
46700.00100\33349674.4

(BB&K 10/2020
-2-

calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Fleet Compliance Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicable) • General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
• Technical Specifications
• Addenda (If Applicable)
• Plans and Drawings
• Approved and fully executed change orders
• Federal Requirements (If Applicable)
148
46700.00100\33349674.4

(BB&K 10/2020
-3-

• Any other documents contained in or incorporated into the Contract

The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

ARTICLE 9. CONTRACTOR REGISTRATION AND LABOR COMPLIANCE . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No b id will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.

ARTICLE 10. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution.

Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a fals e claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of t he truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proce eding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
149
46700.00100\33349674.4

(BB&K 10/2020
-4-

IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Ramona Inc.

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:

[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
150
46700.00100\33287662.1
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. 1.0

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
AKM CONSULTING ENGINEERS, INC.

1. Parties and Date.

This Amendment No. 1.0 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and AKM Consulting Engineers, Inc., 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 Project Management Services” dated June 4, 2024 (“Agreement”).

2.2 Amendment Purpose. The Cit y and Consultant desire to amend this Agreement to increase the compensation by Five
Hundred Thirty-Six Thousand Seven Hundred Seventy-Eight Dollars ($536,778) for a total-not-t o-exceed compensation of One Million One Hundred Thirty-Six Thousand Seven Hundred Seventy-Eight Dollars ($1,136,778) 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 “Construction Management for Laurel Avenue Sewer Main Improvements, Nocta Street Sewer Main Improvements, and Nocta Street Private Sewer Lateral Improvement (UT1067, UT1070, UT1077)” and dated December 19, 2024 .

2.3 Amendment Authority. This Amendment No. 1.0 is authorized pursuant to Section

3.2.4 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.2 - Term and 3.2.1 - Compensation , Exhibit A through Exhibit B of the Agreement is hereby amended in its entirely to read as follows:
151
Section 3.1.2 The term of this Agreement shall be from June 4 2024 to June 4, 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.

3.2.1 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 One Hundred Thirty-Six Thousand Seven Hundred Seventy-Eight Dollars ($1,136,778) 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. 1.0, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1.0. From and after the date of this Amendment No. 1.0, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.0.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.0.

3.4 Severability. If any portion of this Amendment No. 1.0 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
152
46700.00100\33287662.1

Page 3 of 5 ends

Ontario City CouncilMarch 4, 2025

Ontario City Council
March 4, 2025