Agenda packet — Ontario City Council, July 7, 2026 (part 5 of 6)

W. Flora Street.
iii. Planting Methods – Planting methods including staking, soil amendments, and backfill shall be field verified for consistency with approved landscape plans by the City’s Arborist throughout construction. iv. Irrigation – Irrigation shall be field verified for consistency with approved landscape plans by the City’s Arborist throughout construction.

B. Heritage Trees – Preservation is the preferred method of mitigation for Heritage Trees. Where preservation is not feasible, Mitigation Measures MM AES-01 through AES-06 will be implemented. The following shall apply to trees of historic or cultural significance, or a tree of importance to the community due to any one of the following factors:
i. Size– Large or old trees located in the City, with a trunk diameter of 18 inches or greater, measured at 54 inches above natural grade; or
ii. Association- Historical significance due to association with an historic building, site, street, person, or event; or
iii. Neighborhood Landmarks- It is a defining landmark or significant outstanding feature of a neighborhood or district, or typical of early Ontario landscapes, including [i] Camphor Tree (Cinnamomum camphora), [ii] Cedrus deodara (deodar cedar), [iii] Platanus acerifolia, [iv] Quercus suber (cork oak), [v] Quercus ilex (holly oak), or [vi] Schinus molle (Peruvian pepper); or iv. Native Trees- The term "Native Tree" means any one of the following California native tree species, which has a trunk diameter of more than 8 inches, measured at 54 inches above natural grade, including [i] Platanus racemosa (California Sycamore), [ii] Pinus torreyana (Torrey Pine), [iii] Quercus agrifolia (Coast Live Oak), [iv] Quercus engelmannii (Engelmann Oak), [v] Quercus lobata (Valley Oak), or [vi] Umbellularia californica (California Bay).
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v. Scored Sidewalks– Scored sidewalks (defined as CDFs in the Euclid Avenue Historic Preservation, Treatment, and Maintenance Plan) are located throughout much of the Euclid Avenue parkway and in other parts of the downtown northern project area shown on Figure 2A and shall be avoided/protected in place with barriers or equivalent methods approved by the City’s Archaeologist.

The contractor’s installation and maintenance of these barriers during staging, construction access, and throughout construction of recycled water laterals and connections between the new pipeline with existing infrastructure shall be monitored by the City’s Archaeologist. Staging, access, and construction activities should avoid granite cobblestone curbs where feasible. Where avoidance is not feasible, the overall design, spatial relationships, and visual character of the scored concrete sidewalks along the Euclid Avenue parkways [and throughout the downtown portion of the Project as shown on Figure 2A] should be preserved and maintained to the greatest extent feasible, by implementing the following restorations:
a) Sidewalk Widths - Maintain existing sidewalk width.
b) Scoring- Retain extant sidewalks with historic scored concrete pattern throughout. c) Sidewalk Repairs- Repair any damaged concrete by patching with new concrete that duplicates the old in strength, composition, color, and texture.
d) Sidewalk Replacement - severely deteriorated or missing portions of historic sidewalk in kind to match the extant historic concrete sidewalks in composition, color, and texture. e) Sidewalk Stamps- New concrete sections that emulate the old should be stamped with the new date as to be compatible with but differentiated from the old, as to clearly be a record of its time and place as a later repair (Caltrans 2023: 47).
f) Historic Sidewalk Stamps – Existing sidewalk stamps shall be protected in place or carefully removed, stored, protected, and reinstalled post construction as monitored by the City’s Archaeologist.
vii. Vintage Lighting– As defined CDFs in the Euclid Avenue HPTMP, vintage lighting located throughout much of the Euclid Avenue parkway and median shall be protected and avoided during construction.

Impacts from staging, access, and the construction of recycled water laterals that tie new pipeline into existing infrastructure (conceptually depicted in Figure 2A and 2B) shall be avoided to the greatest extent feasible. Vintage lighting (King Standard lampposts, Cobra lampposts and replica lampposts surrounding the community bandstand) shall be retained. Appropriate treatment throughout construction, to be implemented by the contractor, within the portions of the downtown project alignment that contain vintage lighting are as follows:
a) Retaining the historic King Standard lampposts, Cobra lampposts and replica lampposts surrounding the community bandstand. These existing lampposts should be retained throughout. b) Any damaged or deteriorated lampposts should be repaired and cleaned of corrosion as needed. c) Replace broken or missing glass within the lanterns in kind. d) For consistency, lampposts requiring replacement or new light post should conform to the standard plan developed by the City.
e) Where deterioration necessitates replacement, individual lampposts should be replaced in kind. f) Where necessary to meet new safety requirements, compatible light fixtures should be added to the greatest extent feasible.

GEOLOGY AND SOILS
GEO-01: Uniform Building Code and California Building Code- The structural design and construc0on of new structures will be verified by the City of Ontario U0li0es Department, prior to Project approval, to be in accordance with the requirements of the most recent Uniform Building Code (UBC) and California Building Code (CBC) including the latest supplements for Groundshaking Zone 4 as described in the 2001 California Building 719

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Code Vol. 28 and all other applicable City, County, State and Federal laws, regula0ons and guidelines, at a minimum.

GEO-02: PREV MM VI-02: Performance Standards- The City of Ontario U0li0es Department shall verify prior to Project approval that construc0on is designed in accordance with results to meet the following performance standard for Risk Class I & II, e.g., public facili0es, as iden0fied below:

A. Risk Class I & II, Structures Cri0cally Needed aFer Disaster: Structures which are cri0cally needed aFer a disaster include important u0lity centers, fire sta0ons, police sta0ons, emergency communica0on facili0es, hospitals, and cri0cal transporta0on elements such as bridges and overpasses and smaller dams.

B. Acceptable Damage: Minor non-structural; facility should remain opera0onal and safe or be suitable for quick restora0on of service.

MM GEO-03: Cover Stored Backfill- Stored backfill material shall be covered by the contractor with water resistant material during periods of heavy precipitation to reduce the potential for rainfall erosion of stored backfill material. If covering is not feasible, then measures such as the use of straw bales or sandbags shall be used to capture and hold eroded material on the Project site for future cleanup. These requirements shall be verified during the City’s construction Inspections.

GEO-04: Excavated Areas- The City of Ontario U0li0es Department shall verify throughout construc0on that excavated areas are properly backfilled and compacted. Paved areas disturbed by this Project will be repaved in such a manner that roadways and other disturbed areas are returned to as near the pre-Project condi0on as is feasible.

MM GEO-05: Disturbed Soils- The City of Ontario shall verify through construction inspections that all exposed, disturbed soil (trenches, stored backfill, etc.) will be sprayed with water or soil binders twice a day or more frequently if needed, by the contractor throughout construction, if fugitive dust is observed migrating from the Project.

GEO-06: Open Trench- The length of trench, which can be left open at any given time, will be verified by the contractor and the City of Ontario inspector throughout construction. Open trenches shall be limited to what is needed to reasonably perform construction activities. This will serve to reduce the amount of backfill stored onsite at any given time.

MM PALEO-01: Buried Paleontological Resources- If paleontological resources are found during earthwork, the contractor shall temporarily halt work in the immediate area surrounding the find and have the City’s Archaeologist inspect/evaluate the find and consult with qualified paleontologists from the San Diego Natural History Museum who will be on call for the Project to determine proper treatments.

MM CUL-03: Worker Environmental Awareness Training in Sec.on 5. Cultural Resources.

HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-01: Coordination with Local Schools/School Districts. Prior to start of construction, the Contractor shall coordinate with the schools and school districts for nearby schools as follows: Chaffey High School, Vina Danks Middle School, Champions at Euclid Elementary, Turciz Family Daycare, St. George School, Heavenly Care Daycare and Preschool, Banal Na Pag Aral, Sunrise Children Center, and Live Oak Preschool. 720

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A. Provide the construction schedule to school districts and to nearby schools within ¼ mile. This includes the schools in the Chaffey Joint Union High School District, Ontario-Montclair School District, and Chino Valley Unified School District, 30 days prior to start of construction:

B. Construction within 1,320 linear feet of the schools listed in MM HAZ-01, A. shall be scheduled when schools are not in session.

C. The contractor shall coordinate with the school districts and the public as follows:
i. Coordination shall occur throughout construction and consist of signage, door hangers, and updated messages on the City’s website, or equivalent methods regarding the construction schedule and detours for the Project.
ii. The contractor shall keep records of this coordination at the Project Site for review by the grading and building inspectors.

MM HAZ-02: Hazardous Materials Manifest and Plan. Prior to issuance of permits and start of construction, the contractor shall provide a manifest of construction materials and a plan for proper handling, disposal, contingency, and emergency response to the Building Official and Fire Department for verification of adequate contingency measures in regard to fire prevention, hazards, and potentially hazardous materials used, stored and handled onsite during construction. This shall include a plan incorporating fencing, isolation/barriers to secure access of construction and staging areas and to separate adjacent land use from active construction.

Contractor compliance shall be monitored throughout construction by the Fire Department and through City inspections.

MM TRAF-01: Traffic Control Plan. Reference Sec0on 17. Transporta0on.

MM PUB-01: Coordina.on with Local Agencies and Neighborhoods. Reference Sec0on 15. Public Services and U0li0es.

HYDROLOGY AND WATER QUALITY
MM HYDRO-01: SWPPP: Prior to Project approval, the City of Ontario shall verify that a Project-specific Storm Water Pollution Prevention Plan (SWPPP) has been developed and implemented into the plan set for implementation by the contractor throughout construction activities. The SWPPP may include, but is not limited to the following measures:

A. Inventory of Materials and Activities that May Pollute Storm Water i. Must include list of all construction materials that will be used and activities that will be performed that produces pollutants (Pursuant to Section 500.3.1, City of Ontario SWPPP); ii. A separate list must be provided for activities that will be performed that produces sediment as a pollutant (Pursuant to Section 500.3.1, City of Ontario SWPPP).

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blankets (EC-14), nonvegetative stabilization (EC-16).
d) Collect sediment-laden runoff in temporary sediment basins (EC-9), velocity dissipation devices (EC-10), slop drains (EC-11), streambank stabilization (EC-12); Soil testing prior to start of construction to ensure selection of appropriate BMPs and prepare soil for vegetation enhancements (EC-15).

C. Sediment Control
(Pursuant to Section 500.3.5, City of Ontario SWPPP)
i. Detail sediment control measures pursuant to CASQA Factsheet SE-1 to SE-14 implementing soil prevention and control measures:
a) Protect all stockpiles from stormwater run-on using temporary perimeter sediment barriers such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE- 5), silt fences (SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14).
b) Detail drain inlet protection in the public right-of-way pursuant to CASQA Factsheet SE-10 implement SE-2, Sediment Basin or SE-3, Sediment Trap and/or used in conjunction with other drainage control, erosion control, and sediment control BMPs to protect the site; D. Track-out Control (Pursuant to Section 500.3.6, City of Ontario SWPPP) i. Stabilize entrance and egress from construction site to minimize track-out. ii. Detail on-site concrete wash out area to minimize track-out. iii. Detail stockpile management, material storage & delivery areas to minimize dust and control loose materials.

E. Waste Management and Materials Pollution Control (Pursuant to Section 500.3.9, City of Ontario SWPPP) i. Implement waste disposal and solid waste management practices with covered waste receptacles. ii. Locate temporary sanitary waste facilities implementing proper disposal practices including:
a) Place covered trash and recycling cans in accessible areas for use near active construction. b) Cover and maintain dumpsters. Check frequently for leaks. Never clean a dumpster by hosing it down on-site where wash water can enter the storm drain system. c) Dispose of trash daily.
iii. Sweeping areas around dumpsters and prohibiting the disposal of liquid chemicals or waste in dumpsters.

MM HYDRO-02: Limita.on on Construc.on During Storm Events. Ongoing throughout construc0on, the Project contractor shall coordinate with the City of Ontario to halt construc0on during storm events to minimize the chance of flooding during open trench construc0on and earthworks. In the event of storm, areas of ac0ve construc0on shall be protected in place and covered by trench plates and protected with perimeter sandbags to minimize poten0al sedimenta0on and impacts to construc0on trenches.

LAND USE AND PLANNING
MM AES-01 through MM AES-10. See Sec0on 1. Aesthe0cs for more informa0on.

MM BIO-01: Preconstruc.on Bird Nes.ng Clearance Survey. See Sec0on 4. Biological Resources.

NOISE
BMP NOI-01: Construc.on Noise Best Management Prac.ces: Noise Reducing Barriers. Prior to the final approval of Project plans, the City Engineer shall verify that the construc0on bid documents show mandatory implementa0on of at least one of the following BMPs during the opera0on of construc0on equipment2 by the Project contractor:
• Use an alterna.ve piece of equipment that does not exceed a noise level of 80 dB at a distance of 28 feet; or
• Install a muffler that lowers full opera.onal power to 80 dB or less (a reduc.on of 17 dB). 722

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Surround equipment with at least 8-foot-high solid barriers that can be made of 1-inch plywood or sound blankets during use. The goal is to provide at least 17 dB in noise reduc.on. The barrier must reach to the ground and be without any holes or cracks.

MM NOI-01: Construc.on Noise Management: Throughout Project construc0on, the following construc0on noise mi0ga0on measures must be implemented by the Project contractor and City of Ontario for noise levels during construc0on ac0vi0es to be considered less than significant:

1. No construc0on ac0vi0es shall occur during the hours of 6 PM through 7 AM, Monday through Saturday and at no 0me shall construc0on ac0vi0es occur on Sundays or holidays , or a declared emergency exists.

2. A noise complaint response program shall be established to respond to any noise or vibra0on complaints received for this Project by measuring noise levels at the affected receptor site. If the noise level exceeds an 80 dBA Leq at a residen0al receptor or 85 dBA Leq at a commercial receptor, the contractor will implement adequate measures (which may include portable sound a@enua0on walls, use of quieter equipment, shiF of construc0on schedule to avoid the presence of sensi0ve receptors, etc.) to reduce noise levels to the greatest extent feasible.

3. All equipment, whether fixed or mobile, will be equipped with properly opera0ng and maintained mufflers, consistent with manufacturer standards. Enforcement will be accomplished by random field inspec0ons by the City’s inspectors during construc0on ac0vi0es.

4. As applicable, all equipment shall be shut off and not leF in idle when not in use.

5. Equipment shall be maintained and operated such that loads are secured from ra@ling or banging.

6. Where available, electric-powered equipment shall be used rather than diesel equipment and hydraulic powered equipment shall be used instead of pneuma0c power.

7. No radios or other sound equipment shall be used at the Project Site unless required for emergency response by the contractor.

8. Public no0ce shall be given prior to ini0a0ng construc0on. This no0ce shall be provided in the form of mail or door hangers to all property owners/residents within 300 feet of the Project Site and shall be provided to property owners/residents at least one week prior to ini0a0ng construc0on. The no0ce shall iden0fy the dates of construc0on and the name and phone number of a construc0on supervisor (contact person) in case of complaints. One contact person shall be assigned to the Project. The public no0ce shall encourage the adjacent residents to contact the construc0on supervisor in the case of a complaint. Residents would be informed if there is a change in the construc0on schedule. The supervisor shall be available 24/7 throughout construc0on by mobile phone. If a complaint is received, the contact person shall take all feasible steps to remove the sound source causing the complaint.

9. Construc0on employees shall be trained in the proper opera0on and use of equipment consistent with the above-listed Mi0ga0on Measures, including no unnecessary revving of equipment.

MM CUL-02: Vibra.on Monitoring. See Sec0on 5. Cultural Resources for Mi0ga0on Measure.

PUBLIC SERVICES
MM PUB-01: Coordina.on with Local Agencies for Traffic Control. Prior to finalizing the traffic control plan, Ontario’s City Engineering Division must ensure coordina0on occurs between Local Agencies within Ontario City Limits including Ontario Fire Department, Ontario Parks and Recrea0on Department, San Bernadino Sherrif’s Department, City Hall, and Ontario Police Department, Chaffey Join Union High School District (CJUHSD), Ontario-Montclair School District, Chino Valley Unified School District, and Inland Library System. Coordina0on between Local Agencies shall include advance planning on the construc0on schedule so that ac0ve construc0on does not coincide with classes and special events. Coordina0on shall also involve distribu0on of Project informa0on including but not limited to temporary street signs with the dates of proposed construc0on, mailers and door tags with a descrip0on of ac0vi0es and 0meframes for each neighborhood. 723

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TRANSPORTATION
MM TRAF-01: Traffic Control Plan (TCP) The contractor shall have a Traffic Control Plan approved by the City of Ontario as part of the encroachment permit for work within the streets. The TCP shall be prepared by a licensed traffic engineer, for all project-affected roadways and intersec0ons. The traffic control plan shall comply with requirements in encroachment permits issued by the City of Ontario. The traffic control plan shall include, but not be limited to, the following measures the following measures from the City of Ontario:

1. Maintain Vehicular Access: Maintain the maximum amount of travel lane capacity during construc0on periods, with all trenches covered with steel plates during non-working hours. Provide flagger-control at all ac0ve construc0on sites.

2. Construc.on Work Limits: Limit the construc0on work zone in each block to a width that, at a minimum maintains con0nuous alternate one-way traffic flow past the construc0on zone. Alterna0vely, use detour signing on alternate access streets when temporary full street closure is required.

3. Timing: Restrict construc0on to non-peak traffic periods as required for specific work sites, such as schools, in encroachment permits. Weekend and night shiFs may be considered in non-residen0al areas only.

4. Construc.on Coordina.on: Coordinate construc0on ac0vi0es (0me of year and dura0on) to minimize overlap with special events and peak use periods for parks, public facili0es, City Hall, and commercial businesses.

5. Roadway Signs: Post advanced warning of construc0on ac0vi0es (e.g., signs, ar0cles in newspapers, door hangers, no0ces on radio/TV, etc.) to allow motorists to select alterna0ve routes in advance and iden0fy alternate routes and detours around construc0on zones.

6. Bicycle Access: Pursuant to City of Ontario Policy M-2.2 Bicycle System, the traffic control plan must maintain shared bicycle access on roadways with Class III Bike Lanes to ensure mobility is maintained throughout Project construc0on.

7. Pedestrian Walkways: Pursuant to City of Ontario Policy M-2.3- Pedestrian Walkways, the traffic control plan must maintain safe and comfortable mobility between residen0al areas, businesses, schools, parks, recrea0on areas, and other key des0na0on points throughout Project construc0on.

8. Steel Trench Plates: Install steel trench plates at the construc0on sites to temporarily restore access and uses within public Right-of-Way during non-working hours.

MM TRAF-02: Encroachment Permits- Prior to ac0ve Project construc0on, the City’s Engineering and U0li0es Departments, must approve and issue encroachment permits for temporary construc0on work within the public Right-of-Way and long-term maintenance of the recycled water mains, connec0ons, and laterals. No new driveways would be established. Throughout Project construc0on, the Project contractor will be responsible for the enforcement of the temporary encroachment permit.

TRIBAL CULTURAL RESOURCES
MM CUL-01: Archeological Monitoring, MM CUL-02: Vibra.on Monitoring, and MM CUL-03: Worker Environmental Awareness Training, MM TCR-01: Pre-contact Cultural Resources, and MM TCR-02: Records and Documents. See Sec0on 5.5 Cultural Resources for more informa0on.

MM TCR-01: Pre-contact Cultural Resources- The Yuhaaviatam of San Manuel Na0on Cultural Resources Management Department (YSMN) shall be contacted, as detailed in CUL-1, of any pre-contact cultural resources discovered during project implementa0on, and be provided informa0on regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a Cultural Resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordina0on with YSMN, and all subsequent finds shall be subject to this 724

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Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.

MM TCR-02: Records and Documents- Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, tes0ng reports, etc.) shall be supplied to the Lead Agency for dissemina0on to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.

MM TCR-03: Gabrieleno Band of Mission Indians- Kizh Na.on- Prior to issuance of a grading permit and ground disturbance, the City of Ontario shall contact the Gabrieleno Band of Mission Indians-Kizh Na0on and provide the tribe with wri@en no0fica0on with a schedule of the Project's ground disturbing ac0vi0es and provide the tribe an opportunity to have a tribal monitor on-site during these ac0vi0es, if required. A copy of the wri@en no0fica0on shall be provided to the City of Ontario prior to the issuance of the first permit and ground disturbance.

UTILITIES AND SERVICES
SC UTL-01: Waste Management Plan. Prior to Project construction, the City’s Engineering Department shall verify that Project plans and specifications include standards conditions pertaining to good housekeeping practices and recycling. The City’s standard plan check and review process will ensure the following measures are included in Project Specifications and maintain throughout active construction within the Project Area:

A. Site Clean Up: The Contractor shall keep the project site clean and free of dust, mud, and debris resulting from the Contractor's operations. Daily clean up throughout the project shall be required as the Contractor progresses with the work. Extra precautions and cleanup efforts shall be made prior to weekends, holidays and predicted storm events.

B. Continuous Street Sweeping throughout active construction: Spillage of earth, gravel, concrete, asphalt, or other materials resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. If site is not kept sufficiently clean, the City will take measures to clean it and back charge the Contractor.

C. Recycling Construction Material: Pursuant to 2019 CALGreen Building Code Section 4.408, the Project contractor shall ensure approximately 65 percent of nonhazardous construction and demolition waste is recycled and/or salvaged for reuse.

Employees and subcontractors should be trained on the proper material delivery and storage practices.

D. Concrete Waste Management: Refer to CASQA Factsheet WM-8.Solid Waste Management: Refer to CASQA Factsheet WM-5 and WM-6.
i. Select designated waste collection areas onsite.
ii. Inform trash-hauling contractors that you will accept only watertight dumpsters and recycling containers for onsite use. Inspect dumpsters for leaks and repair any dumpster that is not watertight.
iii. Locate containers in a covered area or in a secondary containment. iv. Provide an adequate number of containers with lids or covers that can be placed over the container to keep rain out or to prevent loss of wastes when it is windy. v. Cover waste containers at the end of each workday and when it is raining. vi. Plan for additional containers and more frequent pickup during the demolition phase of construction.
vii. Collect site trash daily, especially during rainy and windy conditions. viii. Remove this solid waste promptly since erosion and sediment control devices tend to collect liter.
ix. Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids, 725

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pesticides, additives, curing compounds) are not disposed of in dumpsters designated for construction debris.
x. Do not hose out dumpsters on the construction site. Leave dumpster cleaning to the trash hauling contractor.
xi. Arrange for regular waste collection before containers overflow. xii. Clean up immediately if a container does spill.  Make sure that construction waste is collected, removed, and disposed of only at authorized disposal areas.

E. Material Storage and Delivery Area: Refer to CASQA Factsheet WM-1. i. Chemicals must be stored in watertight containers with appropriate secondary containment or in a storage shed.
ii. Temporary storage areas should be located away from vehicular traffic. iii. Material delivery and storage areas should be located away from waterways, if possible. iv. Employees and subcontractors should be trained on the proper material delivery and storage practices.

G. Spill Prevention and Control: Refer to CASQA Factsheet WM-3. iv. Protect all stockpiles from stormwater run-on using temporary perimeter sediment barriers such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE-5), silt fences (SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14).
v. Ensure that stockpile coverings are installed securely to protect from wind and rain.

H. Temporary Sanitary Waste Facilities: Refer to CASQA WM-10 vi. Instruct employees and subcontractors how to safely differentiate between non-hazardous liquid waste and potential or known hazardous liquid waste. vii. Instruct employees, subcontractors, and suppliers that it is unacceptable for any liquid waste to enter any storm drainage device, waterway, or receiving water. viii. Educate employees and subcontractors on liquid waste generating activities and liquid waste storage and disposal procedures.
ix. Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular safety meetings)
MM UTL-02: Reconnec.on of Water Fountains. Prior to comple0on of construc0on, the City shall verify, during inspec0ons, that all water fountains within the Project footprint are reconnected to the City’s potable water system.

WILDFIRE
See applicable Mi0ga0on Measures MM TRAF-01: Traffic Control Plan and MM HAZ-02: Hazards and Hazardous Materials Manifest and Plan.
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MITIGATION MONITORING AND REPORTING PROGRAM
Provided Under Separate Cover
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REPORT PREPARATION
This sec6on lists those individuals who contributed to the prepara6on of this Ini6al Study/ Mi6gated Nega6ve Declara6on.
- CITY OF ONTARIO
ScoY Ochoa City Manager (City of Ontario)
Diane Ayala Senior Planner (City of Ontario)
Jamie Richardson Landscape Planner (City of Ontario)
David F. Eoff IV Senior Planner (City of Ontario)
Luke Zhipeng Qu Senior Associate Engineer (Ontario Municipal U6li6es Company) - AGENCIES OF PERSONS CONTACTED
The following agencies or persons were contacted during the prepara6on of this document.

Contact Affilia6on
Lori TroTer, AICP CEP Ardurra Group
Riley Chris6e, ENV SP, LEED AP ND Ardurra Group
Patrick Mulvey, PE Ardurra Group
Dolores Salgado, PE Ardurra Group
Kaitlyn Leong, PE Ardurra Group
Travis McGill ELMT Consul6ng
David Brunzell, RPA BCR Consul6ng
Cate Howe Ganddini Group
Giancarlo Ganddini, PE Ganddini Group
Kate Wilson, MS Ganddini Group
Roma Stromberg, MS Ganddini Group

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DEFINITIONS
The following terms are those not defined or included in the City of Ontario’s Local CEQA Guidelines (2018) and the City’s Municipal Code:

Area of Poten6al Effects (APE): The area where Project construc6on is set to occur and may encompass construc6on ac6vi6es, impact vehicular, pedestrian, and bicycle access (4th Street, Euclid Avenue, W. F Street, N.

Vine Avenue, Flora Street, E. C Street, E. B Street, W. Lemon Street, and E. Riverside Drive), and affect landscaping or hardscape on private property.

Best Management Prac6ces (BMPs): are methods that have been determined to be the most effec6ve and prac6cal means of preven6ng or reducing non-point source pollu6on to help achieve water quality goals.

County: Refers to the County of San Bernardino

A-Weighted Sound Level, dBA: The calculated levels of sound that represent perceived loudness from ac6vi6es.

Ambient Noise Levels: The measured background noise levels associated with a given environment, at a specified 6me, usually a composite of sound from many sources, at many direc6ons, near and far, in which usually no par6cular sound is dominant.

CNEL: Community Noise Equivalent Level. CNEL is a weighted 24-hour noise level that is obtained by adding five decibels to sound levels in the evening (7:00 PM to 10:00 PM), and by adding ten decibels to sound levels at night (10:00 PM to 7:00 AM). This weigh6ng accounts for the increased human sensi6vity to noise during the evening and nighTme hours.

Decibel, dB: A logarithmic unit of noise level measurement that relates the energy of a noise source to that of a constant reference level; the number of decibels is 10 6mes the logarithm (to the base 10) of this ra6o.

DNL, Ldn: Day Night Level. The DNL, or Ldn is a weighted 24-hour noise level that is obtained by adding ten decibels to sound levels at night (10:00 PM to 7:00 AM). This weigh6ng accounts for the increased human sensi6vity to noise during the nighTme hours.

Equivalent Con6nuous Noise Level, Leq: A level of steady state sound that during a defined 6meframe, and at a stated loca6on, has the same A-weighted sound energy as the 6me-varying sound.

Farmland of Statewide Importance is like Prime Farmland, but with minor shortcomings, such as steeper slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural produc6on at some 6me during the four years prior to the mapping date (CA DOC).

Farmland of Local Importance includes all farmable land not mee6ng the defini6ons of “prime farmland,” “farmland of statewide importance,” and “unique farmland.” This includes land that is or has been used for irrigated pasture, dryland farming, confined livestock or dairy facili6es, aquaculture, poultry facili6es, and dry grazing. It also includes lands previously designated by soil characteris6cs as “prime farmland,” “farmland of statewide importance,” and “unique farmland” that has since become idle (CA DOC).

Forest Land (§12220 G); land that can support 10-percent na6ve tree cover of any species including: hardwoods, under natural condi6ons, and that allows for management of one or more forest resources, including 6mber, aesthe6cs, fish and wildlife, biodiversity, water quality, and other public benefits (CA Public Resources Code).

Hazardous Materials Site (§ 65962.5): hazardous waste facili6es subject to correc6ve ac6on pursuant to Sec6on 25187.5 of the Health and Safety Code, the Department of Toxic Substances Control (DTSC) shall compile and 729

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update as appropriate, but at least annually, and submit to the Secretary for Environmental Protec6on (CA Public Resources Code).

Lmax, Lmin: Lmax is the RMS (root mean squared) maximum level of a noise source or environment measured on a sound level meter, during a designated 6me interval, using fast meter response. Lmin is the minimum level.

Timber Land (§ 4526): land, other than land owned by the Federal government and land designated by the City as experimental forest land, which is available for, and capable or growing a crop of trees of any commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the Board on a District basis aQer consulta6on with the District commiYees and others (CA Public Resources Code).

Timber Land Produc6on Zone (§51104 G): areas which have been zoned and is devoted to uses for growing and harves6ng 6mber, or for growing and harves6ng 6mber and compa6ble uses (CA Public Resources Code).

Prime Farmland has the best combina6on of physical and chemical features able to sustain long-term agricultural produc6on. Prime Farmland has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agriculture produc6on at some 6me during the four years prior to the mapping date (CA DOC).

Construc6on Footprint is the loca6on of the trenches for the recycled water mains, laterals and 6e ins. 730

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REFERENCES
The following references were u6lized during prepara6on of this Ini6al Study/ Environmental Checklist.

PROJECT DESCRIPTION

1. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 1.3- Project Loca6on

2. City of Ontario Temperatures and Annual Rainfall, U.S. Climate Data, hYps://www.usclimatedata.com/climate/ontario/california/united-states/usca2487 , 2023

3. Final Report for the City of Ontario Recycled Water Master Plan, City of Ontario, adopted October 2011 a. Sec6on 4. Recycled Water Use

AESTHETICS

4. Appendix B- Biological Resources Assessment for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, California, ELMT Consul6ng, March 2024.

5. Appendix C- Tree Survey and Arborist Report for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, CA, CalPacific, March 2024.

6. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.1 Aesthe6cs
i. Environmental SeTng
ii. Thresholds of Significance

7. California Department of Transporta6on (CalTrans), California Scenic Highways, hYps://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenichighways

8. City of Ontario Development Code, Chapter 6.0 Development and Subdivision Regula6ons, 2015, hYps://www.ontarioca.gov/sites/default/files/Ontario-Files/Planning/Documents/chapter_6.0_- _development_and_subdivision_regula6ons_20151201.pdf
a. Division 6.05- Landscaping
i. 6.05.020: Tree Preserva6on Policy and Protec6on Measures

9. Borba Village Specific Plan, City of Ontario, March 2007, hYps://www.ontarioca.gov/sites/default/files/Ontario-Files/Planning/Maps/borba_introduc6on.pdf

AGRICULTURE AND FORESTRY RESOURCES

10. Southern California Associa6on of Governments, 2020-2045 Regional Transporta6on Plan/ Sustainable Communi6es Strategy, SCAG Connect SoCal - The 2020-2045 Regional Transporta0on Plan/ Sustainable Communi0es Strategy Adopted on September 3, 2020

11. Historic Aerials by NETRONLINE (NETRO), hYps://www.historicaerials.com

12. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.2 Agriculture and Forestry Resources

13. California Department of Conserva6on, California Important Farmland Finder, 2022, hYps://maps.conserva6on.ca.gov/dlrp/ciff/

14. California Department of Conserva6on. 2004. A Guide to the Farmland Mapping and Monitoring Program, 2004 Edi6on. Available at: www.conserva6on.ca.gov/dlrp/fmmp/Documents/ fmmp_guide_2004.pdf.

15. California Department of Conserva6on. 2016a. Williamson Act Lands GIS data for San Bernadino County.

Available at: Qp://Qp.consrv.ca.gov/pub/dlrp/FMMP/2016/.

AIR QUALITY

16. Appendix A- Air Quality, Global Climate Change, and Energy Technical Analysis for UT1072 Downtown Recycled Water Pipeline Project, Gandini Group, February 1, 2024. 731

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17. California Resources Board Ambient Air Quality Standards, adopted May 4th, 2016, hYps://ww2.arb.ca.gov/sites/default/files/2020-07/aaqs2.pdf

18. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.3 Air Quality
i. Regulatory SeTng
ii. Exis6ng Condi6ons
iii. Project Impacts

19. California Resources Board Ambient Air Quality Standards, adopted May 4th, 2016, hYps://ww2.arb.ca.gov/sites/default/files/2020-07/aaqs2.pdf

20. CALGREEN, the Green Building Code Part 11, Title 24, California Code of Regula6ons, hYps://up.codes/viewer/california/ca-green-code-2019

21. California Air Resources Board Climate Change Scoping Plan, 2017, hYps://ww2.arb.ca.gov/sites/default/files/classic/cc/scopingplan/scoping_plan_2017.pdf

BIOLOGICAL RESOURCES

22. Appendix B- Biological Resources Assessment for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, California, ELMT Consul6ng, March 2024.

23. Appendix C- Tree Survey and Arborist Report for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, CA, CalPacific, March 2024.

24. US Fish and Wildlife Service, Migratory Bird Treaty Act of 1918, hYps://www.fws.gov/law/migratory-birdtreaty-act-1918

25. California Fish and Game Code, California Legisla6ve Informa6on, hYps://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FGC&tocTitle=+Fish+and+Game+ Code+-+FGC

26. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.4 Biological Resources
i. Exis6ng Condi6ons

CULTURAL RESOURCES

27. Appendix D- Cultural Resources Assessment for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, CA, BCR Consul6ng, March 19, 2024.

ENERGY

28. Appendix A- Air Quality, Global Climate Change, and Energy Technical Analysis for UT1072 Downtown Recycled Water Pipeline Project, Gandini Group, February 1, 2024.

29. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.6 Energy

30. CALGREEN, the Green Building Code Part 11, Title 24, California Code of Regula6ons, hYps://up.codes/viewer/california/ca-green-code-2019

31. California Energy Commission (CEC). 2017, January. 2016 Appliance Efficiency Regulaons. hYps://www.energy.ca.gov/rules-and-regula6ons/appliance-efficiency-regula6ons-6tle-20/applianceefficiency-proceedings.

32. Southern California Edison (SCE). 2020, October. 2019 Power Content Label. hYps://www.sce.com/sites/default/files/inline-files/SCE_2019PowerContentLabel.pdf.

33. Southern California Gas (SoCalGas). 2020. 2020 California Gas Report. hYps://www.socalgas.com/sites/default/files/2020-
10/2020_California_Gas_Report_Joint_U6lity_Biennial_Comprehensive_Filing.pdf. 732

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GEOLOGY AND SOILS

34. Appendix D- Cultural Resources Assessment for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, CA, BCR Consul6ng, March 19, 2024.

35. Appendix E- Soils and Geotechnical Inves6ga6on, Euclid Avenue Downtown Recycled Water Project, Euclid Avenue, East C Street, and East Riverside Drive, Ontario, San Bernadino County, California, prepared by NOVA Services on February 16, 2024.

36. USGS Geologic Hazards Science Center, Quaternary Faults Map, hYps://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcf

37. California Department of Conserva6on, Fault Ac6vity Map of California, 2015, hYps://maps.conserva6on.ca.gov/cgs/fam/

38. California Department of Conserva6on, Landslide Inventory (Beta), 2015, hYps://maps.conserva6on.ca.gov/cgs/lsi/

39. California Department of Conserva6on, Geologic Map of California, 2015, hYps://maps.conserva6on.ca.gov/cgs/gmc/

40. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.7 Geology and Soils

GREENHOUSE GAS EMISSIONS

41. Appendix A- Air Quality, Global Climate Change, and Energy Technical Analysis for UT1072 Downtown Recycled Water Pipeline Project, Gandini Group, February 1, 2024.

42. Climate Change 2007 Synthesis Report, Intergovernmental Panel on Climate Change (IPCC), hYps://www.ipcc.ch/site/assets/uploads/2018/02/ar4_syr_full_report.pdf

43. California’s 2017 Climate Change Scoping Plan, prepared by the California Air Resources Board, November 2017, hYps://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf, accessed April 24, 2019

44. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.8 Greenhouse Gas Emissions

HAZARDS AND HAZARDOUS MATERIALS

45. California Fire Hazard Severity Zone Viewer (FHSZ Viewer), CAL FIRE, hYps://egis.fire.ca.gov/FHSZ/

46. EnviroStor, Department of Toxic Substances, Cortese List, 2023, hYps://www.envirostor.dtsc.ca.gov/public/map/?myaddress=ontario

47. GeoTracker, California State Waterboards,
hYps://geotracker.waterboards.ca.gov/map/?myaddress=California&from=header&cqid=2272458732

48. Cer6fied Unified Program Agency (CUPA), San Bernadino County Fire Protec6on District, Hazardous Materials, hYps://sbcfire.org/hazmatcupa/#:~:text=The%20CUPA%20program%20is%20designed,ac6vi6es%20throug hout%20San%20Bernardino%20County.

49. The City of Ontario Local Hazard Mi6ga6on Plan (LHMP), adopted 2018, hYps://www.ontarioca.gov/sites/default/files/OntarioFiles/Fire/Ready%20Ontario/city_of_ontario_2018_hmp.pdf

50. The City of Ontario Emergency Preparedness Guide, City of Ontario Emergency Management, adopted November 2020, hYps://www.ontarioca.gov/sites/default/files/OntarioFiles/Fire/Admin%20Bureau/Disaster%20Guide%20-%20English.pdf

51. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.9 Hazards and Hazardous Materials

52. FEMA, Na6onal Flood Hazard Layer (NFHL) ArcGIS Viewer, hYps://www.fema.gov/flood-maps/na6onal-floodhazard-layer 733

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HYDROLOGY AND WATER QUALITY

53. Appendix E- Soils and Geotechnical Inves6ga6on, Euclid Avenue Downtown Recycled Water Project, Euclid Avenue, East B Street, East C Street, and East Riverside Drive, Ontario, San Bernadino County, California, prepared by NOVA Services on February 16, 2024.

54. California Water Boards- State Water Resources Control Board, Regional Water Quality Control Boards, Porter-Cologne Water Quality Control Act, amended January 2023, hYps://www.waterboards.ca.gov/laws_regula6ons/docs/portercologne.pdf

55. U.S. Department of Homeland Security, Federal Emergency Management Agency, Glossary, hYps://www.fema.gov/about/glossary

56. State of California Delta Protec6on Commission, Delta Protec6on Act, hYps://delta.ca.gov/delta-protec6onact/

57. FEMA’s Na6onal Flood Hazard Layer (NFHL) Viewer, hYps://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd

58. California Department of Conserva6on (DOC), Geologic Hazards Data and Maps (Tsunami), hYps://cadoc.maps.arcgis.com/home/webmap/viewer.html?useExis6ng=1&layers=2769c700c0694548b543 5a60ff52b807

59. The City of Ontario Master Plan of Drainage, Final Report, adopted March 2012, hYps://www.ontarioca.gov/sites/default/files/master_plan_of_drainage_city_of_ontario.pdf

60. Santa Ana River Basin Plan (Basin Plan), Santa Ana Regional Water Quality Control Board, adopted January 24th, 1995,
hYps://www.waterboards.ca.gov/santaana/water_issues/programs/basin_plan/#:~:text=The%20Basin% 20Plan%20establishes%20water,maintain%20the%20water%20quality%20standards.

61. County of San Bernadino Stormwater Program website, hYps://sbcountystormwater.org/about/generalinforma6on/

LAND USE AND PLANNNG

62. Appendix C- Tree Survey and Arborist Report for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, CA, CalPacific, March 2024.

63. Senate Bill (SB) 375, Sustainable Communi6es Strategies, California Air Resources Board, hYps://ww2.arb.ca.gov/our-work/topics/sustainable-communi6es

64. Southern California Associa6on of Governments, 2020-2045 Regional Transporta6on Plan/ Sustainable Communi6es Strategy (RTP/SCS), Connect SoCal, adopted September 3rd, 2020, hYps://scag.ca.gov/sites/main/files/file-aYachments/0903fconnectsocal-plan_0.pdf?1606001176

65. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.11- Land Use and Planning
i. Regulatory Background
ii. Project Impacts

66. City of Ontario Development Code, Chapter 6: Development and Subdivision Regula.ons, hOps://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/Documents/chapter_6.0__development_and_subdivision_regula.ons_20151201.pdf a. Division 6.01- District Standards and Guidelines

MINERAL RESOURCES

67. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.12- Mineral Resources
NOISE

68. Appendix A- Air Quality, Global Climate Change, and Energy Technical Analysis for UT1072 Downtown Recycled Water Pipeline Project, Gandini Group, February 1, 2024. 734

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69. Appendix F- Noise Technical Memorandum for UT1072 Downtown Recycled Water Pipeline Project, Ganddini Group, dated February 21, 2024.

POPULATION AND HOUSING

70. City of Ontario Housing Element, adopted March 2022, revised August 2022, hYps://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/The%20Ontario%20Plann/Housing/HE%20Adopted%2020220821%20Clean_0.pdf a. Table 2-1: Ontario Neighboring Jurisdic6ons Popula6on Growth 2010 to 2019 b. Table 2-30 Household, Employment, and Popula6on Projec6ons 2016-2045 c. Figure 2-2 Rehabilita6on Needs

71. Southern California Associa6on of Government (SCAG) Regional Transporta6on Plan/ Sustainable Communi6es Strategy (RTP.SCS), adopted 2016, hYps://scag.ca.gov/sites/main/files/fileaYachments/f2016rtpscs.pdf?1606005557

PUBLIC SERVICES

72. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.15 Public Services
i. 5.15.1 Fire Protec6on
ii. 5.15.2 Police Protec6on
iii. 5.15.3 School Services
iv. 5.15.4 Libraries

RECREATION

73. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.16 Recrea6on
i. Figure 5.16-1 Park & Recrea6onal Facili6es

TRANSPORTATION

74. Appendix A- Air Quality, Global Climate Change, and Energy Technical Analysis for UT1072 Downtown Recycled Water Pipeline Project, Gandini Group, February 1, 2024.

75. California Code Register 2023 6t. 14 Sec6on 15064.3- Determining the Significance of Transporta6on Impacts

76. Southern California Associa6on of Governments, 2020-2045 Regional Transporta6on Plan/ Sustainable Communi6es Strategy (RTP/SCS), Connect SoCal, adopted September 3rd, 2020, h@ps://scag.ca.gov/sites/main/files/file-a@achments/0903fconnectsocal-plan_0.pdf?1606001176

77. City of Ontario, California Engineering Department Traffic and Transporta6on Division, Traffic and Transporta6on Guidelines, adopted August 2013, Revised January 2020, hYps://www.ontarioca.gov/sites/default/files/OntarioFiles/Engineering/traffic/Traffic%20and%20Transporta6on%20Design%20Guidelines_2021-01-28.pdf

TRIBAL CULTURAL RESOURCES

78. Appendix D- Cultural Resources Assessment for UT1072 Downtown Recycled Water Pipeline Project, Ontario, San Bernadino County, CA, BCR Consul6ng, March 19, 2024.

UTILITIES AND SERVICES

79. Final Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364, The Ontario Plan 2050, City of Ontario, adopted August 2022
a. 5.19 U6li6es and Service Systems

WILDFIRE
735

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80. CALFIRE- Fire Hazard Severity Zone Maps, hYps://egis.fire.ca.gov/FHSZ/

81. CAL FIRE, Top 20 Largest California Wildfires (Jan. 13, 2022), available at hYps://www.fire.ca.gov/media/4jandlhh/top20_acres.pdf.

82. Hugh D. Safford et al., The 2020 California Fire Season: A Year Like No Other, a Return to the Past or a Harbinger of the Future? (Apr. 17, 2022) GLOBAL ECOLOGY AND BIOGEOGRAPHY, available at hYps://onlinelibrary.wiley.com/doi/10.1111/geb.13498?af=R. 736

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APPENDICIES
Provided Under Separate Cover
737

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025

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DRAFT MITIGATION MONITORING AND REPORTING PROGRAM
EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT This Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Euclid Avenue Recycled Water System Project. The Project is in the southwestern portion of the City of Ontario, San Bernadino County, California. This MMRP has been prepared pursuant to Section 15097 of the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) and Section 21081.6 of the California Public Resources Code (PRC) Division 13, encompassing sections 21000-21189.3). This MMRP lists applicable Project Mitigation Measures (MM), Standard Conditions (SC), and environmental commitments for reducing potentially significant Project impacts to less than significant levels. This MMRP includes implementation timing and responsible party for proper enforcement of all measures considered in the environmental analysis for the Project that was conducted for CEQA compliance. The City of Ontario, as the Lead Agency, will utilize the MMRP to document the implementation of mitigation measures, BMP environmental commitments, and Standard Conditions which will ensure all Project impacts are reduced to less than significant levels pursuant to CEQA.

Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed Initials Aesthetics a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? MM AES-01: Certified Arborist-Activities for City’s Certified Arborist.

Prior and throughout construction, City of Ontario shall verify that the following activities are performed for preservation/protection of trees:

A. Hire Certified Arborist. Prior to the start of construction, the City of Ontario shall hire an ISA Certified/ ASCA consulting arborist to evaluate trees affected by construction activities.

B. Evaluation of Declining Trees with Elevated Risk. Prior to construction, City of Ontario’s certified arborist shall individually evaluate the 163 trees (See Appendix C) that are in decline due to poor prognosis/location, risks of failure, or defects where they pose as a liability and shall conduct field marking and install barriers for tree protection per MM AES-02: Tree Protection During Construction (CalPacific 2024).

C. Construction Monitoring. Daily throughout construction, the City’s ISA Certified/ ASCA consulting arborist shall determine whether trees shall be protected in place with ongoing monitoring or removed. The City’s Certified Arborist shall also monitor contractor’s maintenance and initial placement of barriers to protect trees outlined in MM AES- 02: Tree Protection During Construction (CalPacific 2024). Barrier maintenance shall be verified through city inspections and contractor recordkeeping during construction. Monitoring is required in TPZ/PRZ of Project Segments 1, 2, and 6, northbound (NB) Euclid Ave: North of E. G Street, between E. E St. to E. F Street and, between E. B St to E. Holt Blvd. Along E. Riverside Blvd, and near the intersections of E. Riverside Blvd at S. Baker Ave. and at S. Sultana Ave.

Prior to the start of construction Prior to the start of construction and throughout construction Throughout Construction City of Ontario City of Ontario, City’s Certified Arborist City of Ontario, City of Ontario’s Certified Arborist
Initials:Date:Initials:Date:Initials:

Date:
738

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EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Contractor,City’s Arbor City of Onta
st,
io
i
r
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed Initials Aesthetics a), b) Continued… D. Ongoing Tree Monitoring. For trees that were preserved and replaced during Project construction, the City’s ISA Certified/ ASCA consulting arborist shall conduct Level 3 arborist studies, which involve 3- year monitoring, record keeping, and compliance verification by the City’s Planning Department.

Ongoing throughout construction and for three years post construction.

City of Ontario, City’s Certified Arborist
Initials:

Date: . MM AES-02: Tree Protection During Construction: Throughout construction, the contractor shall verify that the following measures are implemented to establish a protected radius encircling each tree along the construction alignment. All parts of each tree, including the roots, canopies, trunks, and tree branches, shall be protected. The protected area is referred to as the Protected Root Zone/Tree Protection Zone (TPZ/PRZ)1. Contractor compliance with required tree protection in the TPZ/RPZ shall be monitored and verified for compliance with this mitigation measure by the City’s Certified Arborist and verified by the City during construction inspections for the Project in City Right-of-Way and on private property within landscaped areas and hardscape:

A. Fencing or Suitable Alternative Barrier for Existing Tree Protection:

Existing trees shall be identified and preserved with protective fencing or suitable alternative to form a TPZ/PRZ encircling the outermost edge of the tree canopy to protect tree roots growing typically within the top 18-inch to 24-inch of the soil. The TPZ/PRZ is defined by measuring “critical root radius” and is more accurate than the dripline for determining the effective protection of trees. To calculate critical root radius, measure the tree’s diameter (dB) 4.5 feet above the ground, measured in inches. For each diameter inch, 1 to 1.5 feet of TPZ/PRZ is required for critical root radius protection. For a trees diameter at breast height (dbh) of 10 inches, a PRZ/TPZ of 10 to 15 feet is required (City of Ontario Development Code, Revised 20151201).

Throughoutconstruction
City’s Certified Arborist, Contractor, City of Ontario
Initials:

Date: _______
Throughoutconstruction
City’s Certified Arborist, Contractor, City of Ontario
Initials:

Date:
1 739
A Protected Root Zone/Tree Protection Zone (PRZ/TPZ) is defined by a Certified Arborist and marks the roots and soil within the tree’s critical root zone. The terms TPZ and PRZ have the same meaning.

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

C. Mulching Prior to Construction: The contractor shall apply a 4”-6” layer of mulch in the PRZ/TPZ, 1 foot away from the trunk, before construction begins pursuant to specifications on the approved Plans and Specifications for the Project.

D. Construction within the PRZ/TPZ: Where work is proposed to occur within and in the vicinity of the PRZ/TPZ, especially within Project segments 1,2, and 6, the contractor and City’s Certified Arborist shall verify that trees are identified and preserved with protective fencing or suitable alternative barrier to within a 10-foot radius of the trunk or as directed by the City’s Certified Arborist. Work within the PRZ/TPZ shall be monitored for compliance with the Plans and Specifications for the Project by the City’s Certified Arborist. A record of compliance shall be retained at the construction trailer by the Contractor. Protective barriers shall be installed under supervision of the City’s Certified Arborist prior to any earthwork and barriers shall remain until construction is complete, or until adjacent construction activity no longer threatens tree health. Fencing shall be three to four feet in height and installed at the outermost edge of the PRZ/TPZ or 10- foot radius, whichever is greater. The temporary fencing shall be chain link fencing or other City approved durable material (e.g. snow fencing). Signs stating “Tree Protection Zone – Keep Out” shall be posted either on the fence or stakes. See Appendix C, Figure 3 a- d & Figure 4 a-c. (City of Ontario Development Code, Revised 20151201).
iv. Equipment- No construction or staging equipment is allowed within the PRZ/TPZ including use/transport of heavy equipment that will compact and damage the roots. v. Trash- No disposal of construction materials or products including paint, plaster or chemical solutions are allowed in the PRZ/TPZ. vi. Fill- Natural or preconstruction grade shall be maintained within the PRZ/TPZ. At no time shall soil be in contact with the tree trunk above the root flare.

Throughout construction
City’s Certified Arborist, Contractor, City of Ontario
Initials:Date:

Prior to and throughout construction Throughout Construction City’s Certified Arborist, Contractor City’s Certified Arborist, Contractor, City of Ontario Initials:

Date: _______
Initials:

Date: _______
740

Page 4 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
I.

II.

Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed Initials Aesthetics a), b) Continued… vii. Irrigation- The PRZ/TPZ should be irrigated sufficiently with clean water to keep the tree in good health and vigor before, during, and after construction. Watering should be coordinated with the contractor pursuant to the recommendations of the City’s Certified Arborist and deep watering may be necessary on a weekly basis. The depth of irrigation to roots shall be verified on a regular basis during monitoring by the City’s Certified Arborist and during City inspections. viii. Earthwork within the PRZ/TPZ- Either an air spade and/or hand tools shall be used by the contractor as directed and supervised by the City’s Certified Arborist. E. Trench Lines: The contractor’s trench Lines shall avoid the PRZ/TPZ to the greatest extent feasible. If utilities are present within the PRZ/TPZ, trenches shall be re-routed or bored under trees at a minimum of 36- inches deep, as monitored by the City’s Certified Arborist and verified through City inspections. F. Root Cutting: During root cutting, exposed major roots greater than 2 inches in diameter or within 5 feet of the trunk) shall not be ripped by construction equipment. Instead, they shall be cut cleanly, if possible, back to a lateral branching root. Cuts shall be clean and made at right angles to the roots and made by the contractor under supervision of the City’s Certified Arborist.

G. Pruning: Pruning for clearance by the contractor, if needed, shall be done to prevent damaging branches with large equipment. All above ground pruning shall be in accordance with Tree Pruning Guidelines (International Society of Arboriculture) and/or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) per the most recent edition of ANSI Z133.1 and as supervised by the City’s certified arborist and verified through City inspections, as follows:
i. Private Trees- Prune any limbs or tree structures that would compromise the safety of workers under the tree during construction activity; this should be done at the discretion of the contractor and upon approval of the homeowner. ii. Bracing- If needed, use guy wires and other effective bracing methods to secure trees.

Throughout construction
City’s Certified Arborist, Contractor, City of Ontario
Initials:

Date:

Throughout construction
Throughout construction
City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario Initials:Date:

Initials:

Date:

Throughout construction
City’s Certified Arborist, Contractor, City of Ontario
Initials:

Date:

Throughout construction
City’s Certified Arborist, Contractor, City of Ontario
Initials:

Date:
741

Page 5 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Contractor,City’s Arbor ist
III.

IV.

V.VI.

V.VII. VI.I.

Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed Initials Aesthetics a), b) Continued… iii. Hand Tools/Air Spade- Expose roots for trimming with hand tools or an air spade as required/supervised by the City’s Certified Arborist. Contractor shall not use large construction machinery such as a backhoe or excavator. iv. Root Pruning- Under Certified Arborist supervision, contractor shall hand-prune all necessary root structures less than 2 inches with sharp loppers or hand pruners and with a pruning saw or other similar tool for larger roots. Disinfect the pruners and other cutting tools between trees to avoid disease contamination. Isopropyl alcohol (70%) is effective to clean the tools. The further away from the tree that the roots can be cut, the better it is. v. Backfill- Backfill to assure stability of each tree leaving bracing in place at the direction of the City’s Certified Arborist and pursuant to Plans Specifications and notes on the approved landscape plan as verified through City inspections. (Based on recommendations from CalPacific Arborist Report, 2024). v.i. Post Earthwork Requirement- The contractor shall apply absorbent tarp or heavy cloth fabric overlain by compost or wood chip mulch to cover new grade cuts or as directed by the City’s Certified Arborist and verified by the City through inspections. v.i.i. Post Construction Grades- Contractor shall return and maintain surfaces to natural or preconstruction grade
within the PRZ/TPZ. Implementation shall be verified through City inspections.

H. Pruning Cuts: The Contractor and City’s Certified Arborist shall verify pruning cuts or damaged bark is cut clean to heal. No tree seal or paint shall be used after pruning.

I. Critical Root Zone (CRZ) Monitoring by Certified Arborist: The City’s Certified Arborist shall monitor during construction for tree stability and health in areas where more than 33% of the root zone is impacted, if cut roots have a diameter greater than 2 inches, or if roots cuts within 5 feet of the trunk are needed. Cuts should be clean and at right angles to the roots and cut back to the branching lateral. Monitoring records of cutting shall be kept on file at the construction trailer by the contractor. See MM AES-01. See MM AES-03 and MM AES-04.

City’s Certified Arborist, Contractor, City of Ontario
City’s Certified Arborist, Contractor, City of Ontario
City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario Initials:Date:Initials:Date:

City’s Certified Arborist, Contractor, City of Ontario
City’s Certified Arborist, Contractor, City of Ontario
City’s Certified Arborist, Contractor, City of Ontario
Throughout Construction Throughout Construction
City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario Initials:

Date:Initials:Date:Initials:Date:Initials:Date:Initials:Date:
742

Page 6 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Contractor,City’s Arbor City of Onta
st,
rio
i
Contractor,City’s Arbor City of Onta
st,
rio
i
Contractor,City’s Arbor City of Onta
st,
rio
i
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed Initials Aesthetics a), b) Continued… J. K. L. PRZ/TPZ Monitoring during Construction- Construction precautions employed under supervision of the City’s Certified Arborist to protect sensitive root zones from undue soil compaction shall be maintained by the contractor throughout construction. Staging shall be limited to areas outside of PRZ/TPZ's without specific authorization from the City’s Certified Arborist. Certified Arborist monitoring throughout construction within the PRZ/TPZ is required and shall be verified by the City of Ontario and Contractor through a written log and daily record keeping available for review at the construction trailer during construction inspections. Irrigation- The PRZ/TPZ shall be irrigated according to the current City irrigation regime to avoid additional stress on the trees. The City’s Arborist shall be notified by the contractor of installation of new and modified irrigation components; these areas shall be monitored by the City’s Certified Arborist within the PRZ/TPZ and verified through City inspections. Fencing Maintenance- In areas where protective fencing is installed for trees City inspections shall verify that the Contractor and City’s Arborist conduct daily inspections and take corrective action to verify correct placement and effectiveness of protective fencing or equivalent barriers. i. Protective fencing or an equivalent barrier should be placed at the outer edge of the PRZ/TPZ under the supervision of the City’s Certified Arborist. The contractor shall be responsible for monitoring the appropriatemaintenance of the fence throughout construction asverified by City’s Certified Arborist and inspectors. ii. Protective fencing or an equivalent barrier must be established and maintained by the contractor and verified by the City’s Arborist and through City inspections so that barriers are visible and structurally sound enough to deter construction equipment, foot traffic, and the storing of equipment under tree canopies.

Throughout construction
City’s Certified Arborist, Contractor, City of Ontario
Initials:

Date:

Throughout construction
City’s Certified Arborist, Contractor, City of Ontario
Initials:Date:

Throughout construction Throughout construction Throughout construction City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario City’s Certified Arborist, Contractor, City of Ontario Initials:Date:Initials:Date:Initials:Date:
743

Page 7 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

Recommended Tree Face- Auger Distance Source: Managing Trees During Construction, Second Edition- Best Management Practices, Fite et al, 2016. (Based on recommendations from CalPacific Arborist Report, 2024) Prior to the finalization of Project plans
City of Ontario Utilities Department
Initials:

Date:

Tree Diameter
(DBH)
Inches
Minimum Offset
Distance from Trunk
Face
Feet
Minimum Length of
Bore Hole
Inches
2 1 23 2 35 5 5
10 8 1015 12 1520 15 20
744

Page 8 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
City of OntaContractor, certified arborist
rio,
arborist
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed Initials Aesthetics a), b) Continued… MM AES-04: Hydro Excavation: If it is not possible to operate outside of the PRZ/TPZ and tunneling is not a feasible alternative, the City’s Certified Arborist must be consulted to assess and monitor the conditions and identify methods that will minimize impact to trees. Minimally invasive hydro-vac or hydro-excavation is a technique that may be used under supervision of the City’s Certified Arborist’s to strategically and carefully remove soil within the root zone without significantly damaging the root tissue. This technique uses high pressure air or water to clear a pathway for utilities routed within the root zone, but it must be used by a carefully trained and proficient crew.

Throughout construction where earthwork occurs within the PRZ/TPZ and tunneling is not feasible.

City’s Certified Arborist, Contractor, City of Ontario
Initials:Date:

Aesthetics a), b) Continued… MM AES-05: Tree and Landscaping Replacement Plan: Prior to the start of construction, the City of Ontario Utilities Department shall verify and approve Plans, Specifications and Estimates for the Project, including a tree and landscaping replacement plan for the entire Project; these must be prepared by a licensed landscape architect, horticulturalist, certified arborist, or other related professional. The landscape plan shall be reviewed and approved by the City’s Historical Preservation Subcommittee and the City Planning Department and implemented throughout construction by the contractor as verified by the City through City Arborist monitoring and city inspections. The landscaping plan implementation shall comply with the Euclid Avenue Historic Property Treatment and Management Plan (HPTMP) for protection and replacement of CDF2 trees (see MM CUL-06), City Landscape Development Guidelines for water conservation and recycled water irrigation systems, and the Tree Ordinance for tree replacements with a combined total trunk diameter equal to those removed or as approved by the Planning Director. The Tree and Landscaping Plan shall include:

A. Public Notice for Tree Removal. Prior to the removal of any trees the residents shall be notified by the City of Ontario if their trees have been preliminarily assessed as being in poor condition (health, stature, location, risk, etc.). The notification shall include: Resident: “As part of our efforts to improve the existing utilities in your area, a certified arborist has evaluated the trees in the vicinity of your property. You may have noticed a small aluminum tag affixed to Landscape plan approval is required prior to start of construction and shall be implemented ongoing throughout construction City’s Certified Arborist, Contractor, City of Ontario Utilities and Planning Departments, and City of Ontario Historical Preservation Subcommittee Initials:Date:
2 745
The Euclid Avenue Historic Property Treatment and Management Plan (HPTMP) lists of Character Defining Features (CDF) for Euclid Avenue. CDF must be protected in place or restored under supervision of the City’s Archaeologist

Page 9 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
City of OntaContractor, certified arborist,
rio,
archaeologist arborist
A.

Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Aesthetics a), b) continued several trees on or near your property. Your tree has been determined to possess a condition (poor health, stature, location, etc.) that warrants additional evaluation. It is highly recommended that you consider asking a local arborist certified by the International Society of Arboriculture (ISA) to evaluate your tree. Please consider accessing the ISA website at h1ps://www.isa-arbor.com.” (Based on
recommendations from CalPacific Arborist Report, 2024).

B. Tree Replacement and Landscaping Replacement: If death to any landscaping or tree occurs during construction or within the threeyear post-construction monitoring period, replacement shall occur within a timely manner, or immediately as described in sections i., ii., and iii below. The damage or removal of any Heritage Tree or CDF tree (see MM CUL-06) that are protected pursuant to the City’s Development Code, or encroachment into a PRZ/TPZ or CRZ, shall require an evaluation by the City’s Certified Arborist as to the resulting condition, prescribed treatment to repair the damage, tree replacement if removed, and monetary value of the tree if removed or damaged beyond repair. i. Replacement of Heritage Trees and Landscaping-Healthy Heritage Trees that are approved for removal shall be replaced at a ratio of 2:1 except within HPTMP boundaries. (Tree and Landscape Restoration within the HPTMP shall be 1:1 and is described in MM CUL-06: Historic Restoration). Non-status trees may be mitigated at a 1:1 ratio with quality, locally grown nursery stock comprised of a mix of 24-in boxed and 15-gallon specimens so that the total size of replacements are equal to removed trees. In addition, the Planning Department has an approved list of tree species that must be considered, however with Heritage Trees, a like-kind species must be considered. Replacement tree maintenance shall follow recommendations for soil amendments, linear root barriers, backfill, and irrigation as shown on the approved landscape plans for the Project.

Implementation of all recommended parameters are to be implemented at the discretion of the Planning Director. (Based on recommendations from CalPacific Arborist Report, 2024).

Throughout construction and within three years of new landscape planting City’s Certified Arborist, Contractor, City of Ontario. TheCity of Ontario’s Archaeologist will provide input on tree work within the HPTMP and modifications to irrigation, which may potentially affect CDF listed in MM CUL-06 or historical significance of Euclid Avenue.

Initials:

Date:
746

Page 10 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Aesthetics a), b) continued….. ii. Replacement of Dead Trees- Any replacement trees that die during the three-year maintenance period shall be replaced in kind using the same methods outlined in Mitigation Measure MM AES- 05: Tree Replacement. If replacement trees die and are replaced, the replaced tree shall be maintained and monitored for three years from the point of the last installation. Staff from the City or an approved monitor (the City’s Certified Arborist) shall inspect the replacement trees at the end of three years and will document if trees planted according to the approved landscape plan are established and if additional monitoring or treatment is needed. The City shall determine if any additional replacements are required to achievecompliance with the approved landscape plans. iii. Construction Monitoring for Modifications to Irrigation Systems- The design, layout, and installation/modifications of the irrigation system in the Euclid Avenue median and parkway should be carefully designed and verified by the City of Ontario Planning Department prior to start of construction to reduce the likelihood of any impact to Heritage Trees and CDF listed in MM CUL-01 C. through MM CUL-06. Archaeological and
Certified Arborist monitoring is required during any ground disturbance, installation of connections between existing and new irrigation, and/or modifications to the existing irrigation system within the Euclid Avenue Median and Euclid Avenue Parkway (within 25 feet of any CDF) in the northern portion of the Project. (See MM CUL-01, C and MM CUL-06). Monitors shall have the authority to halt, redirect work, and request alternative methods of construction such as use of hand tools/hand digging or removal and reinstallation of historic curbs and sidewalks, as needed to protect CDF trees and structures and features, listed in MM CUL-01, C. and MM CUL- 06, including masonry and granite curbs, vintage light fixtures, and Heritage Trees. If damage occurs to any CDF during construction of modifications to irrigation systems, CDF shall be restored pursuant to MM CUL-06. Throughout construction and within three years following new landscape planting Throughout construction and within three years of new landscape planting City’s Certified Arborist, Contractor, and City of Ontario. City’s Certified Arborist, Contractor, City of Ontario and the City of Ontario’s Archaeologist will provide input on tree work within the HPTMP and modifications to irrigation, which may potentially affect CDF listed in MM CUL-06. And historical integrity of Euclid Avenue. Initials: Date: Initials: Date:
747

Page 11 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
City of OntaContractor, certified arborist,
io,
archaeologist arborist
B.

Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Aesthetics a), b) continued… C. Maintenance and Monitoring of Replacement Trees: An ongoing maintenance and monitoring program shall be implemented under supervision of the City’s Certified Arborist on at a regular frequency with pruning according to ISA (ANSI A300) standards to ensure public safety, maximize tree health, and minimize liability due to potential tree failure. Strategic pruning compliant with ISA standards must be performed under supervision of a certified arborist to subordinate non-primary, codominant stems, and remove canopy deadwood regularly to promote canopy health and risk of failure. Replacement tree maintenance shall follow recommendations for soil amendments, backfill, and irrigation as shown on the approved landscape plans for the Project and as required by the City’s Arborist.

MM AES-06: Protection in Place and Construction Monitoring for CDF and Historic Structures: During construction, the City of Ontario, Utilities Department shall provide construction monitoring by the City’s Archaeologist (who meets the Secretary of Interior’s Standards for education and experience) and a geotechnical engineer licensed to work in California. Monitoring shall be provided for earthwork, pipeline construction, connections within the Euclid Avenue parkway and median, and irrigation system modifications, throughout the Project Alignment, and within 25 feet of any CDF. This work is further detailed in MM CUL-01 through MM CUL-06.MM AES-07: Permanent Above-grade Equipment: Prior to the start of construction, the City of Ontario Utilities Department shall verify that all above grade related equipment shall be screened from public view by any combination of non-reflective paint to match surrounding area, collocation on existing light fixtures or poles, and/or through a stealth design.

Throughout construction and within three years of new landscape planting Throughout construction Prior to construction and throughout construction City’s Certified Arborist, Contractor, City of Ontario, and City of Ontario’s Archaeologist (regarding CDF historical integrity of Euclid Avenue during construction.

City of Ontario Utilities Department
City of Ontario Utilities Department and Contractor
Initials:

Date: _______Initials:Date: _______ Initials:Date: _______ Initials:Date: _______ 748

Page 12 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
City ofOntario, City’s Certified Arborist, Contractor, and City of Ontario Archaeologist Issue Potentially Significant
Impact reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Aesthetics a), b) continued… See Mitigation Measure MM BIO-01: Preconstruction Bird Nesting Clearance Survey. If construction occurs between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted three days prior to any vegetation removal or ground disturbing activities.

ProjectBiologist, City of Ontario Utilities Department
Initials:

Date:
c) In nonurbanized areas, See Mitigation Measure MM CUL-01 through MM CUL-06. Prior to construction, Initials:substantially degrade the ongoing duringexisting visual character orquality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? See Mitigation Measures MM AES-01 through MM AES-07. construction, and three (3) years after replanting. Date:
749

Page 13 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Air Quality c) Expose sensitive receptors to substantial pollutant concentrations? AQ-01: Fugitive Dust Control: City of Ontario Utilities Department shall verify that the following measures shall be incorporated into Project plans and specifications and implemented throughout construction:

A. High Winds- All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.

B. Watering- The contractor shall verify that all disturbed areas within the Project are watered with complete coverage of disturbed areas at least two times a day, preferably in the mid-morning, afternoon, and after work is done for the day. Additional watering can be applied if fugitive dust is observed leaving the Project site.

C. Speed Limit- The contractor shall ensure that construction traffic speeds on the Project site are reduced to 10 miles per hour or less.

D. Idling- Plans, specifications and contract documents shall direct that a sign must be posted on-site stating that construction workers shall not idle diesel engines in excess of five minutes.

E. Equipment- During grading activity, all construction equipment greater than 150 horsepower shall be CARB Tier 3 Certified.

F. Paints- Only Zero-Volatile Organic Compounds” paints (no more than 150 gram/liter of VOC) and/or High-Pressure Low Volume (HPLV) applications consistent with South Coast Air Quality Management District Rule 1113 shall be used if painting occurs within the footprint of the Project.

G. Track out- Install and maintain track out control devices in effective condition at all access points where paved and unpaved access or travel routes intersect (e.g., Install wheel shakers, wheel washers, and limit site access.

H. Stable Crust- Reestablish stable surfaces on all roadways, driveways, sidewalks, etc., shall be completed after grading and earthwork, unless seeding or soil binders or covering is used in travel areas.

I. Covered Truckloads- When materials are transported off-site, all material truckloads shall be covered, effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained.

Prior to Project approval and throughout construction
City of Ontario and contractor
Initials:

Date:
750

Page 14 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

K. Dust Control- The contractor or City’s Utilities Department shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent dust offsite.

L. Public Contact- Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours.

M. Materials/Stockpiles- Any on-site stockpiles of debris, dirt or other dusty material shall be covered or watered as necessary to minimize fugitive dust.

N. Electric Equipment- Use electric construction equipment where technically feasible, i.e., a competent electronic version of the equipment is commercially available.

Prior to Project approval and throughout construction
City of Ontario and contractor
Initials: Date:

AQ-02: Exhaust Emissions Control: Equipment emissions shall be minimized by the contractor throughout construction with the following practices documented in the contractor’s compliance log and verified by the City of Ontario during construction inspections. A. Equipment Maintenance- Utilize well-tuned off-road construction equipment.

B. Tier-3- Establish a preference for contractors using Tier 3-rated or better heavy equipment.

C. Idling- Enforce 5-minute idling limits for both on-road trucks and off- road equipment.

Throughout Project construction and during earthwork/ excavation Contractor; City of Ontario
Initials:

Date:

Biological Resources a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? MM BIO-01: Preconstruction Bird Nesting Clearance Survey: Prior to construction, the City of Ontario shall retain a biologist to conduct preconstruction nesting surveys and establish buffers for active nests if needed. If construction occurs between February 1st and August 31st, the Contractor and City of Ontario shall schedule a pre-construction clearance survey for nesting birds within three (3) days of the start of mobilization, vegetation removal, tree work, or ground disturbance to ensure that no nesting birds will be disturbed during construction. The biologist shall provide a report of findings to the contractor and City. Prior to mobilization and between February 1 and August 31. City’s Biologist and City of Ontario, Contractor Initials: Date:
751

Page 15 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Biological Resources Biological Resources a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? A. Retain a Qualified Biologist- The City of Ontario shall retain a qualified biologist to conduct the clearance survey that should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. B. Buffers for Active Nests- If an active avian nest is discovered during the pre-construction clearance survey, construction activities should stay outside of a no-disturbance buffer. The size of the no- disturbance buffer will be determined by the City’s Biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. C. Establishment of Buffers for Active Nests and Limits of Construction- Buffers will be established to avoid an active nest by the City’s Biologist in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. The City’s Biologist should be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur. Prior to mobilization Throughout Construction during the bird nesting season Throughout Construction during the bird nesting season City of Ontario City’s Biologist and City of Ontario, Contractor City’s Biologist and City of Ontario, Contractor Initials: Date: Initials: Date: d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident ormigratory wildlife corridors, or impede the use of native wildlife nursery sites? See Mitigation Measure MM HYDRO-01: SWPPP. See Mitigation Measure MM HYDRO-02: Construction During Storm Events. Prior to plan approval and throughout construction Contractor and City of Ontario Initials: Date:
752

Page 16 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? See Mitigation Measures MM AES-01 through MM AES-06. Prior to and throughout construction. Tree monitoring is required during three years after construction and final planting. Contractor, City of Ontario Utilities Department, City’s Arborist Initials: Date:

See Mitigation Measures MM BIO-01: Preconstruction Bird Nesting Clearance Survey.

Between February 1 and August 31, survey for nesting birds three days prior to start of construction. The nesting bird survey shall be repeated after five days of inactivity in the construction schedule.

City’s Biologist, City of Ontario
Initials:Date: . Cultural
Resources a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? MM CUL-01 through MM CUL-06 and MM AES-01 through MM AES-07. For Tribal Cultural Resources, also see MM TCR-01 through MM TCR-03. Prior to Project approval, implemented throughout construction, and for three years after the last planting.

Ontario Utilities and Planning Depts. and Historic Preservation Committee, Contractor, City’s Archaeologist and Tribal Monitor.

Initials:Date:
753

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
arborist City of Onta
Contractor,
rio
arborist City of Onta
Contractor,
rio
arborist City of Onta
Contractor,
rio
Prior to start oconstruction and throughout construction Archeologist,contractor, City’s Certified , Arborist,
City of OntarioUtilities Department, Project arborist City of Onta Contractor,
rio
Initials: _____ Date: _______
or,
,
or,
or,
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Cultural Resources b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? MM CUL-01: Archeological and Historical Monitoring: A. Retain a Qualified Archaeological Monitor- Prior to mobilization, the City of Ontario shall retain a qualified archaeologist, meeting SOIS3 standards, to provide the following services for cultural and historical resources: Worker environmental awareness training, establishing/maintaining resource protection buffers, and monitoring historical resources (CDF) and earthwork in native soils. The City’s Archaeologist shall also assist the City’s Engineer and the Project Geotechnical Engineer in periodic visual inspections of all CDFs during construction for damage and shall provide recommendations to the City of Ontario for restoration of historical CDF resources if damaged. The City’s Archaeologist shall maintain monitoring records and, upon request, provide these records to the Ontario Utilities Department and native American Tribal representatives upon request.

B. CDF Buffers - The City’s Archaeologist shall establish buffers for protection and monitoring of CDF structures, trees, and features prior to mobilization. The City’s Archaeologist shall provide monitoring of CDF and buffer maintenance throughout construction. The Contractor shall coordinate with the City’s Archaeologist and Arborist so that visual monitoring within buffers occurs during earthwork, staging, access, construction, and tree work within 25 feet of CDF structures and features. Materials deliveries, access, trenching, any tree work, and ground disturbance activities for pipe installations, irrigation system modifications, tree removal/replacements within the established barriers, within 25 feet of any CDF features including trees, masonry and granite curbs, scored sidewalks, and structures listed in MM CUL-06 shall be monitored as described in << CUL-01, C.

Prior to and throughout construction
Prior to and throughout construction
City of Ontario Utilities Department, City’s Archeologist, Contractor, City’s Certified Arborist
City of Ontario Utilities Department, City’s Archeologist, contractor, City’s CertifiedArborist
Initials:

Date:

Initials:

Date:
3 754
The Secretary of the Interior's Standards for the Treatment of Historic Properties.

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
ThroughoutConstruction
City of OntarioUtilities Department, Projectarcheologist,contractor, arborist Initials: _____Date: _______
arborist City of Onta
Contractor,
rio
,
fied
Archeologist,contractor,
arborist City of Onta
Contractor,
rio
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Cultural Resources b) Continued… C. CDF Structure Monitoring - CDF shall be protected in place with avoidance buffers marked in the field prior to construction monitoring during construction. Structure monitoring during construction shall be by the City Engineer and City’s Geotechnical Engineer who will makerecommendations to adjust construction methods and to minimize damage. The City’s Archaeologist shall provide visual monitoring of CDF. Monitors have the authority to halt/redirect construction if structure damage occurs and to recommend alternative construction methods to minimize damage (e.g., non-mechanized hand tools or hand digging). Monitoring is required at:
i. Bandstand (north of E. C Street). ii. Veterans Obelisk (north of E. B Street). iii. Mule Car (south of E. B Street). iv. Women’s Temperance Union Drinking Fountain (north of E. C St.). vi. Armstrong rose beds. v. King Standard Lampposts/reconstructed lampposts. (vintage streetlights).
vi. Granite and concrete curb and gutter. vii. Scored sidewalks in the parkways.

D. Buried Resources Monitoring– The City shall provide monitors for archaeology and tribal resources during earthwork. Verification of monitoring under direct supervision of a cultural resources professional meeting SOIS qualifications is required. Monitors are empowered to temporarily halt/redirect construction if buried cultural resources are found. The contractor shall immediately halt all work within 60 feet of a find and notify the City’s Archaeologist for examination/evaluation, then appropriate actions (e.g., preservation in place, excavation, recovery, and professional curation). (Also see MM TCR-01 and MM TCR-02). Salvage excavation and reporting requirements shall be established by the City’s Archaeologist for new finds. Prehistoric or historic materials may include:
i. Historic-period artifacts and fragments, glass bottles, cans, nails, ceramic and pottery fragments, and other metal objects. ii. Historic-period structural/building foundations, walkways, cisterns, pipes, privies, and other structural elements.
iii.Prehistoric flaked-stone artifacts or debitage (waste), obsidian, basalt, and or cryptocrystalline silicates.
iv.Groundstone artifacts, including mortars, pestles, and grinding slabs.

Prior to and throughout construction Prior to and throughout construction during earthwork in native soils City of Ontario Utilities Department, City’s Archeologist, contractor, City’s Geotechnical Engineer City of Ontario Utilities Department, City’s Archeologist, contractor, Native American Monitor Initials:

Date:Initials:Date:
755

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Prior to plan approvaand throughou construction
Archeologist,contractor,
arborist City of Onta
Contractor,
City’s CertifiedrioArborist,
Archeologist,contractor,
arborist City of Ontario
Contractor,
Issue Potentially Significant
Impact reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsibl e Party Date Completed and Initials Cultural Resources b) Continued… v. dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks; and vi.Human remains and Funerary objects.

MMM CUL-02: Vibration Monitoring: Prior to approval of final improvement plans and specifications, the City Engineer or designated representative shall verify that the plans show both a 50-foot radius from trenches and a 100-foot radius between proposed driven shoring systems and historic era structures and resources (P-36-15982: Euclid Avenue; P-36-15983: Mule Car and railroad tracks; P-36-16417: San Bernadino-Sonora Road). During construction, the City’s licensed geotechnical engineer for the Project will utilize these areas for vibration monitoring and settlement monitoring where plans show excavations will be deeper than 10 feet and the need for shoring is established or for work within the Project Alignment and adjacent to the Euclid Avenue center median.

MM CUL-03: Worker Environmental Awareness Training: The Ontario Utilities Department shall schedule and hold a worker environmental awareness (WEAP) training prior to contractor mobilization. The purpose of the training is to, alert field personnel to the possibility of buried prehistoric or historic cultural deposits, fossils, and CDF avoidance and protection as well as next steps if resources are encountered or damage occurs.

Prior to plan approval and throughout construction
Prior to Project approval
Prior to mobilization and construction
City of Ontario Utilities Department, contractor and archaeologist Initials:Date: City of Ontario
Utilities Department, Contractor, City’s Archeologist City of Ontario Utilities Department, Contractor, City’s Archeologist, Tribal monitor, City’s Certified Arborist Initials:

Date:Initials:Date:
756

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A. Masonry and structures shall be avoided, protected in place, and preserved to the greatest extent feasible by the City’s contractor during construction as follows:
i. CDF Protection in Place. Granite cobblestone curbs (defined as CDFs) must be protected in place throughout the entire Euclid Avenue median and within much of the Euclid Avenue parkway and in other parts of the downtown. Archaeological monitoring is required within 25 feet of these CDF. The City’s monitors will have the authority to halt and redirect work if there are signs of damage to CDF. ii. CDF Avoidance (Off-site Storage and Reinstallation). Construction activities should avoid granite cobblestone curbs where feasible. This involves establishment of buffers and avoidance or these CDF features can be carefully removed, stored/protected, and reinstalled by the Contractor under supervision of the City’s monitoring archaeologist.

Prior to and throughout construction
City of Ontario Utilities Department, Contractor, City’s Archaeologist Initials:

Date:
757

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Initials: _____Date: _______
Prior to and throughoutConstruction
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Cultural Resources b) Continued… iii. CDF Preservation and Restoration. Where avoidance is not feasible, the overall design, spatial relationships, and visual character of the CDF and granite cobblestone curbs aligning the Euclid Avenue parkways [and throughout the downtownnorthern portion of the project alignment (See Figure 2a and MM CUL-06)] should be preserved and maintained to the greatest extent feasible or restored by the City’s historical contractor:
a) Retain existing granite cobblestone and concrete curbs and historic-age sidewalks by creating barriers/buffers between active construction or staging and these CDF features. b) Carefully remove existing granite cobblestone and concrete curbs and historic-age sidewalks (CUL-05, a, ii) prior to construction and replace once construction is complete. c) Repair damaged concrete by patching with new that
duplicates the old in strength, composition, color, and texture. d) Replace severely deteriorated or missing portions of granite cobblestone and concrete curbs in kind to match extant originals.

1. Replacement cobblestone curbs should be replaced
consistently with a plan developed by the City.

2. When sections of modern concrete curb replace the
original cobblestone curbs, these should be replaced with cobblestone curbs per the Euclid Avenue Historic Property Treatment and Maintenance Plan to re-establish historic continuity as much as possible.

3. Do not paint the existing historic cobblestone and
concrete curbs; remove paint from such features as appropriate (Caltrans 2023:46).

Prior to and throughout construction
Contractor, City of Ontario, City’s Archaeologist
Initials:

Date:
758

Page 22 of 43 ends

DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
City arborist Archeologist,
contractor,
arborist City of Ontario
Contractor,
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Cultural Resources b) Continued… MM CUL-06: Historic Restoration. Trees that are identified for removal with the project or that are incidentally damaged or die during the threeyear monitoring period shall be replaced according to Mitigation Measures MM AES-01 through AES-05. Restorations shall adhere to the following guidance and input from the City’s arborist and landscape architect for the Project regarding planting and care:

A. CDF Trees – CDF trees are any of the double row of pepper trees in the Euclid Avenue median, any silk oak trees in the Euclid Avenue Parkway, and any oaks planted in the parkway between Holt Boulevard and G Street. (Per the Euclid Avenue Historic Preservation, Treatment, and Maintenance Plan, individual severely damaged trees should be replaced in kind or with a species compatible with the historic character of the historic property). New trees of a compatible species can be planted to complete gaps in continuous tree rows to restore the original landscape design of the parkways and median and overall visual character of the Euclid Avenue historic property. i. Size - 60-inch boxed replacement trees will be planted at a 1:1 ratio in compliance with the HPTMP.
ii. Species - Schinus molle (California pepper) shall be installed as replacement trees within the Euclid Avenue median. Grevillea robusta (silk oak) shall be installed as replacement trees in the Euclid Avenue parkway. Arbutus unedo (strawberry tree) shall be installed as replacement trees along W. Flora Street.
iii. Planting Methods – Planting methods including staking, soil amendments, and backfill shall be field verified for consistency with approved landscape plans by the City’s Arborist throughout construction. iv. Irrigation – Irrigation shall be field verified for consistency with approved landscape plans by the City’s Arborist throughout construction.

Throughout construction and three years after planting
Contractor, City of
Ontario Utilities Department, City’s Certified Arborist Initials:

Date:
759

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

Throughout construction Contractor, City of
Ontario Utilities Department, City’s Certified Arborist Initials:Date:
760

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Cultural Resources b) Continued… v. Scored Sidewalks– Scored sidewalks (defined as CDFs in the Euclid Avenue Historic Preservation, Treatment, and Maintenance Plan) are located throughout much of the Euclid Avenue parkway and in other parts of the downtown northern project area shown on Figure 2A and shall be avoided/protected in place with barriers or equivalent methods approved by the City’s Archaeologist. The contractor’s installation and maintenance of these barriers during staging, construction access, and throughout construction of recycled water laterals and connections between the new pipeline with existing infrastructure shall be monitored by the City’s Archaeologist. Staging, access, and construction activities should avoid granite cobblestone curbs where feasible. Where avoidance is not feasible, the overall design, spatial relationships, and visual character of the scored concrete sidewalks along the Euclid Avenue parkways [and throughout the downtown portion of the Project as shown on Figure 2A] should be preserved and maintained to the greatest extent feasible, by implementing the following restorations:
a) Sidewalk Widths - Maintain existing sidewalk width.
b) Scoring- Retain extant sidewalks with historic scored concrete pattern throughout.
c) Sidewalk Repairs- Repair any damaged concrete by patching with new concrete that duplicates the old in strength, composition, color, and texture. d) Sidewalk Replacement - severely deteriorated or missing portions of historic sidewalk in kind to match the extant historic concrete sidewalks in composition, color, and texture. e) Sidewalk Stamps- New concrete sections that emulate the old should be stamped with the new date as to be compatible with but differentiated from the old, as to clearly be a record of its time and place as a later repair (Caltrans 2023: 47). f) Historic Sidewalk Stamps – Existing sidewalk stamps shall be protected in place or carefully removed, stored, protected, and reinstalled post construction as monitored by the City’s Archaeologist.

Throughout construction
Throughout construction
Contractor, City of Ontario, City Archaeologist
Contractor, City of Ontario, City Archaeologist
Initials:Date: Initials:Date:
761

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Throughout construction Contractor, City of
Ontario, City Archaeologist
Initials: Date:
762

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EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated
Recommended Mitigation Measure Timing Responsible
Party
Date
Completed and
Initials
Cultural Resources c) Disturb any human remains, including those interred outside of dedicated cemeteries? MM CUL-04: Human Remains and Funerary Objects. If human remains are encountered during any project activities, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.

Upon the discovery of human remains Throughout Project activities.

County Coroner, City of Ontario, contractor
Initials:

Date: _____
763

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Geology and Soils b) Result in substantial soil erosion or the loss of topsoil? MM GEO-01: Uniform Building Code and California Building Code- The structural design and construction of new structures will be verified by the City of Ontario Utilities Department, prior to Project approval, to be in accordance with the requirements of the most recent Uniform Building Code (UBC) and California Building Code (CBC) including the latest supplements for Groundshaking Zone 4 as described in the 2001 California Building Code Vol. 28 and all other applicable City, County, State and Federal laws, regulations and guidelines, at a minimum.

Prior to the approval of Project plans
Project contractor; City of Ontario
Initials:

Date:

MM GEO-02: Performance Standards- The City of Ontario Utilities Department shall verify prior to Project approval and during construction inspections that the Project is designed and constructed in accordance with the following performance standard for Risk Class I & II, e.g., public facilities, as identified below:

A. Risk Class I & II, Structures Critically Needed after Disaster:

Structures which are critically needed after a disaster include important utility centers, fire stations, police stations, emergency communication facilities, hospitals, and critical transportation elements such as bridges and overpasses and smaller dams.

B. Acceptable Damage: Minor non-structural; facility should remain operational and safe or be suitable for quick restoration of service.

Prior to the approval of Project plans and during construction Project contractor; City of Ontario
Initials:

Date:

Throughout Project construction and during earthwork/ excavation Project contractor; City of Ontario Utilities Department Initials:

Date:

MM GEO-04: Excavated Areas- The City of Ontario Utilities Department shall verify throughout construction that excavated areas are properly backfilled and compacted. Paved areas disturbed by this Project will be repaved in such a manner that roadways and other disturbed areas are returned to as near the pre-Project condition as is feasible.

Upon the competition of excavation and proposed earthwork Project contractor; City of Ontario
Initials:

Date:
764

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Throughout Project construction and during earthwork/ excavation Project contractor; City of Ontario
Initials:

Date:

Throughout Project construction and during earthwork/ excavation Project contractor; City of Ontario
Initials:

Date:
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? MM PALEO-01: Buried Paleontological Resources- If paleontological resources are found during earthwork, the contractor shall temporarily halt work in the immediate area surrounding the find and have the City’s Archaeologist inspect/evaluate the find and consult with qualified paleontologists from the San Diego Natural History Museum who will be on call for the Project to determine proper treatments. Also See Mitigation Measure MM CUL-03: Worker Environmental Awareness Training Prior to mobilization and ongoing during construction City Utilities Department, Contractor and Qualified Project Archeologist Initials: Date:

Hazards and Hazardous Materials c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? MM HAZ-01: Coordination with Local Schools/School Districts. Prior to start of construction, the Contractor shall coordinate with the schools and school districts for nearby schools as follows: Chaffey High School, Vina Danks Middle School, Champions at Euclid Elementary, Turciz Family Daycare, St. George School, Heavenly Care Daycare and Preschool, Banal Na Pag Aral, Sunrise Children Center, and Live Oak Preschool.

A. Provide the construction schedule to school districts and to nearby schools within ¼ mile. This includes the schools in the Chaffey Joint Union High School District, Ontario-Montclair School District, and Chino Valley Unified School District, 30 days prior to start of construction:

B. Construction within 1,320 linear feet of the schools listed in MM HAZ-01, A. shall be scheduled when schools are not in session.

C. The contractor shall coordinate with the school districts and the public as follows:

Prior to the start of construction and ongoing during construction Chaffey Union High School District, OntarioMontclair School District, Chino Valley Unified School District, contractor, City of Ontario Utilities Department Initials:Date:
765

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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Hazards and Hazardous Materials i. Coordination shall occur throughout construction and consist of signage, door hangers, and updated messages on the City’s website, or equivalent methods regarding the construction schedule and detours for the Project. ii. The contractor shall keep records of this coordination at the Project Site for review by the grading and building inspectors.

MM HAZ-02: Hazards and Hazardous Materials Manifest and Plan. Prior to issuance of permits and start of construction, the contractor shall provide a manifest of construction materials and a plan for proper handling, disposal, contingency, and emergency response to the Building Official and Fire Department for verification of adequate contingency measures in regard to fire prevention, hazards, and potentially hazardous materials used, stored and handled onsite during construction. This shall include a plan incorporating fencing, isolation/barriers to secure access of construction and staging areas and to separate adjacent land use from active construction. Contractor compliance shall be monitored throughout construction by the Fire Department and through City inspections.

Prior to the issuance of permits and start of construction; monitored throughout construction Contractor, Ontario Fire Department, City of Ontario Utilities Department, contractor Initials:

Date:
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? See Mitigation Measure MM TRAF-01: Traffic Control Plan (TCP). Prior to the issuance permits and start of construction; monitored throughout construction. City of Ontario and contractor Initials: Date:

See Mitigation Measure MM PUB-01: Coordination with Schools, Local Agencies, and Neighborhoods. Prior to finalizing the traffic control plan and throughout construction
City of Ontario and contractor
Initials:

Date:
766

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EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Hydrology and Water Quality a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? MM HYDRO-01: SWPPP: Prior to Project approval, the City of Ontario shall verify that a Project-specific Storm Water Pollution Prevention Plan (SWPPP) has been developed and implemented into the plan set for implementation by the contractor throughout construction activities. The SWPPP may include, but is not limited to the following measures:

B. Erosion Control (Pursuant to Section 500.3.4, City of Ontario SWPPP) i. Detail erosion control measures pursuant to CASQA Factsheet EC-1 to EC-16 implementing BMPs intended to controlsedimentation and erosion in disturbed areas duringconstruction activities. BMPs include:
a) Incorporation of erosion control into the construction schedule (EC-1).
b) Minimal land disturbance and avoidance measures in
sensitive land areas (EC-2) including natural water bodies or natural drainage systems. c) Stabilization measures in disturbed areas via Hydraulic mulch (EC-3), Hydroseeding (EC-4), Soil binders (EC-5), straw mulch (EC-6), geotextiles and mats (EC-7), wood mulching (EC-8), compost blankets (EC-14), nonvegetative stabilization (EC-16). d) Collect sediment-laden runoff in temporary sediment
basins (EC-9), velocity dissipation devices (EC-10), slop drains (EC-11), streambank stabilization (EC-12); Soil testing prior to start of construction to ensure selection of appropriate BMPs and prepare soil for vegetationenhancements (EC-15).

Prior to Project approval and throughout construction.

City of Ontario and contractor
Initials:Date:
767

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EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Hydrology and Water Quality a) Continued… C. Sediment Control (Pursuant to Section 500.3.5, City of Ontario SWPPP) i. Detail sediment control measures pursuant to CASQA
Factsheet SE-1 to SE-14 implementing soil prevention and control measures:
a) Protect all stockpiles from stormwater run-on using
temporary perimeter sediment barriers such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE5), silt fences (SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14). b) Detail drain inlet protection in the public right-of-way pursuant to CASQA Factsheet SE-10 implement SE-2, Sediment Basin or SE-3, Sediment Trap and/or used in conjunction with other drainage control, erosion control, and sediment control BMPs to protect the site; D. Track-out Control (Pursuant to Section 500.3.6, City of Ontario SWPPP) i. Stabilize entrance and egress from construction site to minimize track-out.
ii. Detail on-site concrete wash out area to minimize track-out. iii. Detail stockpile management, material storage & delivery areas to minimize dust and control loose materials.

Never clean a dumpster by hosing it down on-site where wash water can enter the storm drain system. c) Dispose of trash daily.
iii. Sweeping areas around dumpsters and prohibiting the disposal of liquid chemicals or waste in dumpsters.

Prior to Project approval and throughout construction.

City of Ontario and contractor
Initials:

Date:
768

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JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Hydrology and Water Quality c) Substantially alter the existing drainage patterns of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: iv. impede or redirect flood flows? MM HYDRO-02: Limitation on Construction During Storm Events.

Ongoing throughout construction, the Project contractor shall coordinate with the City of Ontario to halt construction during storm events to minimize the chance of flooding during open trench construction and earthworks. In the event of storm, areas of active construction shall be protected in place and covered by trench plates and protected with perimeter sandbags to minimize potential sedimentation and impacts to construction trenches.

Throughout constructionDuring construction
City of Ontario Utilities Department and contractor
Initials:

Date:
769

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EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Land Use and Planning a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? See Mitigation Measure MM AES-01 through MM AES-07. Prior to construction and, throughout
construction, and three years after the last restoration planting Contractor and City of Ontario Initials:

Date:

See Mitigation Measure MM BIO-01: Preconstruction Bird Nesting Survey.

If construction occurs between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted three days prior to any vegetation removal or ground disturbing activities.

City’s Biologist, City of Ontario
Initials:Date:

Noise a) Generation of a substantial
temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? BMP NOI-01: Construction Noise Best Management Practices: Noise Reducing Barriers. Prior to the final approval of Project plans, the City Engineer shall verify that the construction bid documents show mandatory implementation of at least one of the following BMPs during the operation of construction equipment2 by the Project contractor: • Use an alternative piece of equipment that does not exceed a noise level of 80 dB at a distance of 28 feet; or • Install a muffler that lowers full operational power to 80 dB or less (a reduction of 17 dB).

Surround equipment with at least 8-foot-high solid barriers that can be made of 1-inch plywood or sound blankets during use. The goal is to provide at least 17 dB in noise reduction. The barrier must reach to the ground and be without any holes or cracks.

Prior to Project approval City Engineer,
Project contractor
Initials:

Date:
770

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Noise a) Continued… MITIGATION MEASURE MM NOI-01: Construction Noise Management: Throughout Project construction, the following construction noise mitigation measures must be implemented by the Project contractor and City of Ontario in order for noise levels during construction activities to be considered less than significant:

A. No construction activities shall occur during the hours of 6 PM through 7 AM, Monday through Saturday and at no time shall construction activities occur on Sundays or holidays, or a declared emergency exists.

B. A noise complaint response program shall be established to respond to any noise or vibration complaints received for this Project by measuring noise levels at the affected receptor site. If the noise level exceeds an 80 dBA Leq at a residential receptor or 85 dBA Leq at a commercial receptor, the contractor will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible.

C. All equipment, whether fixed or mobile, will be equipped with properly operating and maintained mufflers, consistent with manufacturer standards. Enforcement will be accomplished by random field inspections by the City’s inspectors during construction activities.

D. As applicable, all equipment shall be shut off and not leG in idle when not in use.

E. Equipment shall be maintained and operated such that loads are secured from rattling or banging.

Throughout Project
construction
Project contractor; City of Ontario
Initials:

Date:
2 As the Project was modeled as one phase (site preparation), the reduction is based on the highest needed reduction of ~17 dB for the residential and park uses along Segment 2 (457 Beverly, Ontario and James R Bryant Park). The property line of these receptors is located as close as approximately 28 feet from the centerline of the roadway associated with Segment 2 of the Project Alignment.
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ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

G. No radios or other sound equipment shall be used at the Project Site unless required for emergency response by the contractor.

H. Public notice shall be given prior to initiating construction. This notice shall be provided in the form of mail or door hangers to all property owners/residents within 300 feet of the Project Site and shall be provided to property owners/residents at least one week prior to initiating construction. The notice shall identify the dates of construction and the name and phone number of a construction supervisor (contact person) in case of complaints. One contact person shall be assigned to the Project. The public notice shall encourage the adjacent residents to contact the supervisor in the case of a complaint. Residents would be informed if there is a change in the construction schedule. The supervisor shall be available 24/7 throughout construction by mobile phone. If a complaint is received, the contact person shall take all feasible steps to remove the sound source causing the complaint.

I. Construction employees shall be trained in the proper operation and use of equipment consistent with the above-listed Mitigation Measures, including no unnecessary revving of equipment.

Throughout Project
construction
Project contractor; City of Ontario
Initials:

Date:
772

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Noise b) Generation of excessive groundborne vibration or groundborne noise levels?
See Mitigation Measure BMP NOI-01: Construction Equipment and Construction Noise See Mitigation Measure MM CUL-02: Vibration Monitoring.

Prior to Project approval and throughout construction
Contractor; City of Ontario, City Engineer
Initials:

Date:

Public Services a) Result in substantial
adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire Protection? ii. Police Protection? iii. Schools? iv. Parks? MM PUB-01: Coordination with Local Agencies for Traffic Control: Prior to finalizing the traffic control plan, Ontario’s City Engineering Division must ensure coordination occurs between Local Agencies within Ontario City Limits including Ontario Fire Department, Ontario Parks and Recreation Department, San Bernadino Sherrif’s Department, City Hall, and Ontario Police Department, Chaffey Join Union High School District (CJUHSD), Ontario-Montclair School District, Chino Valley Unified School District, and Inland Library System. Coordination between Local Agencies shall include advance planning on the construction schedule so that active construction does not coincide with classes and special events. Coordination shall also involve distribution of Project information including but not limited to temporary street signs with the dates of proposed construction, mailers and door tags with a description of activities and timeframes for each neighborhood. Prior to finalizing the traffic control plan City of Ontario Engineering Division and contractor Initials: Date:
773

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Transportation b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? and d) Result in inadequate emergency access? MM TRAF-01: Traffic Control Plan (TCP) The contractor shall have a Traffic Control Plan approved by the City of Ontario as part of the encroachment permit for work within the streets. The TCP shall be prepared by a licensed traffic engineer, for all project-affected roadways and intersec"ons. The Traffic Control Plan shall comply with requirements in encroachment permits issued by the City of Ontario. The Traffic Control Plan shall include, but not be limited to, the following measures the following measures from the City of Ontario:

1. Maintain Vehicular Access: Maintain the maximum amount of travel lane capacity during construc"on periods, with all trenches covered with steel plates during non-working hours. Provide flagger-control at all ac"ve construc"on sites.

2. Construc
on Work Limits: Limit the construc"on work zone in each block to a width that, at a minimum maintains con"nuous alternate one-way traffic flow past the construc"on zone. Alterna"vely, use detour signing on alternate access streets when temporary full street closure is required.

3. Timing: Restrict construc"on to non-peak traffic periods as required for specific work sites, such as schools, in encroachment permits. Weekend and night shi1s may be considered in non-residen"al areas only.

4. Construc
on Coordina
on: Coordinate construc"on ac"vi"es ("me
of year and dura"on) to minimize overlap with special events and peak use periods for parks, public facili"es, City Hall, and commercial businesses.

5. Roadway Signs: Post advanced warning of construc"on ac"vi"es (e.g., signs, ar"cles in newspapers, door hangers, no"ces on radio/TV, etc.) to allow motorists to select alterna"ve routes in advance and iden"fy alternate routes and detours around construc"on zones.

7. Pedestrian Walkways: Pursuant to City of Ontario Policy M-2.3- Pedestrian Walkways, the traffic control plan must maintain safe and comfortable mobility between residen"al areas, businesses, schools, Prior to mobilization, and construction
City of Ontario and contractor
Initials:Date:
774

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? and d) Result in inadequate emergency access? parks, recrea"on areas, and other key des"na"on points throughout Project construc"on.

8. Steel Trench Plates: Install steel trench plates at the construc"on sites to temporarily restore access and uses within public Right-ofWay during non-working hours.

MM TRAF-02: Encroachment Permits- Prior to active Project construction, the City’s Engineering and Utilities Departments, must approve and issue encroachment permits for temporary construction work within the public right-of-way and long-term maintenance of the recycled water mains, connections, and laterals. No new driveways would be established. Throughout Project construction, the Project contractor will be responsible for the enforcement of the temporary encroachment permit.

Prior to mobilization, and construction
City of Ontario and contractor
Initials:

Date:
775

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Tribal Cultural Resources
a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or See MM CUL-01: Archeological Monitoring, MM CUL-02: Vibration Monitoring, and MM CUL-03: Worker Environmental Awareness Training, MM TCR-01: Pre-contact Cultural Resources, and MM TCR-02: Records and Documents. MM TCR-01: Pre-contact Cultural Resources- The Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) shall be contacted, as detailed in CUL-1, of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a Cultural Resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.

MM TCR-02: Records and Documents- Any and all
archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.

Prior to and during Construction During monitoring of earthwork During Construction City of Ontario, contractor, City’s Archaeologist City of Ontario, contractor, City’s Archaeologist City of Ontario, contractor, City’s Archaeologist Initials:

Date:Initials:Date:Initials:Date:
776

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
JUNE 2025
Issue Potentially Significant Impact
reduced to Less than
Significant with Mitigation
Incorporated Recommended Mitigation Measure Timing Responsible Party Date Completed and Initials Tribal Cultural Resources MM TCR-03: Gabrieleno Band of Mission Indians- Kizh Nation: Prior to issuance of a grading permit and ground disturbance, the City of Ontario shall contact the Gabrieleno Band of Mission Indians-Kizh Nation and provide the tribe with written notification with a schedule of the Project's ground disturbing activities and provide the tribe an opportunity to have a tribal monitor on-site during these activities, if required. A copy of the written notification shall be provided to the City of Ontario prior to the issuance of the first permit and ground disturbance.

Prior to and throughout earthwork during construction
City of Ontario and contractor
Initials:

Date:

Utilities and Services d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? STANDARD CONDITION SC UTL-01: Waste Management Plan. Prior to Project construction, the City’s Engineering Department shall verify that Project plans and specifications include standards conditions pertaining to good housekeeping practices and recycling. The City’s standard plan check and review process will ensure the following measures are included in Project Specifications and maintain throughout active construction within the Project Area:

B. Continuous Street Sweeping throughout active construction:

Spillage of earth, gravel, concrete, asphalt, or other materials resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. If site is not kept sufficiently clean, the City will take measures to clean it and back charge the Contractor. C. Recycling Construction Material: Pursuant to 2019 CALGreen Building Code Section 4.408, the Project contractor shall ensure approximately 65 percent of nonhazardous construction and demolition waste is recycled and/or salvaged for reuse.

Prior to and throughout construction Prior to and throughout construction Prior to and throughout construction Prior to and throughout construction City of Ontario Engineering Department and contractor City of Ontario Engineering Department and contractor City of Ontario Engineering Department and contractor City of Ontario Engineering Department and contractor Initials:Date:Initials:Date:Initials:Date:Initials:Date:
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E. Material Storage and Delivery Area: Refer to CASQA Factsheet WM-1.
i. Chemicals must be stored in watertight containers with appropriate secondary containment or in a storage shed. ii. Temporary storage areas should be located away from vehicular traffic.
iii. Material delivery and storage areas should be located away from waterways, if possible.

Prior to and throughout construction Prior to and throughout construction City of Ontario Engineering Department and contractor City of Ontario Engineering Department and contractor Initials:

Date:Initials:Date:
778

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

F. Concrete Waste Management: Refer to CASQA Factsheet WM-8. i. Store dry and wet materials under cover, away from
drainage areas. Refer to WM-1, Material Delivery and
Storage for more information.
ii. Perform washout of concrete trucks in designated areas only, where washout will not reach stormwater.
iii. Do not wash sweepings from exposed aggregate concrete into the street or storm drain. Collect and return sweepings to aggregate base stockpile or dispose in the trash. G. Spill Prevention and Control: Refer to CASQA Factsheet WM-3. iv. Protect all stockpiles from stormwater run-on using temporary perimeter sediment barriers such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE-5), silt fences (SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14). v. Ensure that stockpile coverings are installed securely to protect from wind and rain.

H. Temporary Sanitary Waste Facilities: Refer to CASQA WM-10 vi. Instruct employees and subcontractors how to safely differentiate between non-hazardous liquid waste andpotential or known hazardous liquid waste. vii. Instruct employees, subcontractors, and suppliers that it is unacceptable for any liquid waste to enter any storm drainage device, waterway, or receiving water. viii. Educate employees and subcontractors on liquid waste generating activities and liquid waste storage and disposal procedures. ix. Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular safety meetings)
MM UTL-02: Reconnection of Water Fountains. Prior to completion of construction, during inspections, the City shall verify that all water fountains within the Project footprint are reconnected to the City’s potable water system.

Prior to and throughout construction Prior to and throughout construction Prior to and throughout construction At completion of
Construction
City of Ontario Engineering Department and contractorOntario Utilities Department and contractorOntario Utilities Department and contractor Ontario Utilities Department and contractor
Initials:

Date: _____
Initials:

Date: _____
779

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DRAFT MITIGATION MONITORING AND REPORTINGPROGRAM

ONTARIO MUNICIPAL UTILITIES COMPANY, ONTARIO, CA

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 All Cities Engineering, 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:

OMUC CONTRACT NO. UT1072

EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT
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 1. 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 450 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 2. 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 Eleven Million Seven Hundred Seventy-Eight Hundred Five Hundred and One Dollars ($11,778,501), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 3. 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 781
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-2-
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 $2,500 for each and every 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 4. 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), 2024 Edition, except Sections 1-9
 Technical Specifications
 Addenda (If Applicable)
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 Plans and Drawings
 State Water Resources Control Board Directed Assistance Grant Agreement No.

D2201010
 Approved and fully executed change orders
 Federal Requirements (If Applicable)
 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.

Each and every provision of law and clause required by law (including by way of illustration and not by limitation, by funding agreement, grant, or loan imposing such a condition, including by way of illustration State Water Resources Control Board Directed Assistance Grant Agreement No. D2201010) to be inserted in this Agreement shall be deemed to be inserted and this Agreement shall be read and enforced as though it were included. If through mistake or otherwise, any such provision is not physically inserted or is not correctly inserted, then upon application of either Party, the Agreement shall be amended to make the insertion or correction in a reasonable manner. All references to statutes and regulations shall include all amendments, replacements, and enactments in the subject which are in effect as of the date of this Agreement, and any later changes which do not materially and substantially alter the positions of the Parties.

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 bid 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. 783
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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 false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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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
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

END OF CONTRACT
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786
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BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
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

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Ardurra Group, Inc., a California Corporation, with its principal place of business at 3737 Birch Street, Suite 250, Newport Beach, CA 92660 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional services for the OMUC Contract No. UT1072 Euclid Avenue Recycled Water System project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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3.1.2 Term. The term of this Agreement shall be from July 7, 2026 to December 31, 2029, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Nine Hundred Thirty-Six Thousand Nine Hundred and Two Dollars ($936,902) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods 790
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and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

3.3.5 City's Representative. The City hereby designates Dennis Mejia, PE, Utilities Engineering Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all 791
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Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

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

3.3.9 Period of Performance.

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

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

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

3.3.10 Laws and Regulations; Employee/Labor Certification. 792
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3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

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

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

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

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

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

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

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

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

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

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

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

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

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified 795
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copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude 796
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the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

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

3.4 Labor Code Requirements.

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

Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect 797
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Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

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

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

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

3.6 Indemnification.

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

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated 798
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herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section

3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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

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

Consultant: Ardurra Group, Inc.
3737 Birch Street, Suite 250
Newport Beach, CA 92660
ATTN: Dolores Salgado, P.E., Principal-in-Charge
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Dennis Mejia, P.E., Utilities Engineering Manager 799
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

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

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

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

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the 800
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indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

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

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

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

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

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed 801
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conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

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

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

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

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or 802
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making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ARDURRA GROUP, INC.

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

CITY OF ONTARIO ARDURRA GROUP, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
804
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EXHIBIT "A"

SCOPE OF SERVICES
805
3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com February 19, 2026
Mr. Luke Zhipeng Qu
Ontario Municipal Utilities Company
1425 S. Bon View Ave
Ontario, CA 91761
Subject: UT1072 Euclid Avenue Recycled Water System Project - Proposal for Bid Phase Services and Engineering Services During Construction Dear Mr. Qu:

It is Ardurra’s pleasure to be working with the Ontario Municipal Utilities Company (OMUC) on this critical water project. Enclosed you will find our proposal for Bid Phase Services and Engineering Services During Construction for the UT1072 Euclid Avenue Recycled Water System Project (Project). The proposal includes a description of the scope of work as well as a detailed breakdown of the fee.

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

Sincerely,

Patrick Mulvey, P.E.

Project Manager
858.413.7926
[email protected]
Enclosures:

1. Exhibit “A” Scope of Work

2. Exhibit “B” Fee Schedule

3. Exhibit “C” City Scope of Services

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Mr. Qu
Ontario Municipal Utilities Company
February 19, 2026

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com Exhibit “A” - Scope of Work
Ontario Municipal Utilities Company (OMUC)
UT1072 Euclid Avenue Recycled Water System Project
Bid Phase Services and Engineering Services During Construction (ESDC) The Consultant will perform the work described in the Scope of Services included as Exhibit “C” to this proposal. The following provides additional detail about each of the tasks and expands upon the original scope of services as discussed with the City.

Task 1 – General Requirements
Provide project management, administration, scheduling, budget control, and monthly invoicing and progress reports. This task also includes communication, coordination and cooperation with the OMUC staff and the OMUC Construction Manager.

Task 2 – Bid Phase Services
Task 2.1 – Pre-bid Meeting
Attend pre-bid meeting, assumed to be virtual, and provide technical support to OMUC addressing any questions arising from the pre-bid meeting. It is assumed OMUC will facilitate the meeting and prepare the agenda and meeting minutes.

Task 2.2 – Requests for Information (RFI)/Bid Questions Review and respond to bidder RFI/questions as provided by OMUC. RFI/bid question responses will be provided electronically via email to OMUC within five (5) working days of receipt of all RFI/bid questions. It is assumed that OMUC will process RFI/bid question responses and any addenda. The scope is based upon review of a total of ten (10) RFI/bid questions.

Task 2.3 – Bid Interpretation, Evaluation, and Contractor Recommendation Review and evaluate bids as provided by OMUC. Prepare a bid evaluation form and provide a recommendation of the contractor to select as the successful bidder. Bid evaluation form will be provided electronically via email to OMUC within ten (10) working days of receipt of the bid results and associated documentation.

Task 2.4 – Conformed Documents
Prepare conformed documents as necessary and based upon RFI/bid questions. Conformed documents will be provided electronically via email to OMUC within twenty (20) working days of the notice to proceed with conformed documents.
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Ontario Municipal Utilities Company
February 19, 2026

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com Task 3 – Construction Engineering Services
Task 3.1 – Pre-Construction Meeting
Attend pre-construction meeting, assumed to be in-person, and provide technical support to OMUC addressing any questions arising from the pre-construction meeting. It is assumed OMUC will facilitate the meeting and prepare the agenda and meeting minutes.

Task 3.2 – Progress Meetings
Attend bi-weekly progress meetings, assumed to be virtual. Provide technical support to OMUC addressing any questions arising from the progress meeting. It is assumed OMUC will facilitate the meetings and prepare the agendas and meeting minutes. The scope is based upon attending up to thirty (30) progress meetings.

Task 3.3 – Construction Site Visits
Perform periodic site visits as requested by OMUC to answer jobsite questions and coordinate these visits with the OMUC Construction Management team. The scope is based upon performance of up to twenty (20) site visits. This task includes a separate site visit by the Landscape Architect to perform tree tagging.

Task 3.4 – Submittals
Review Contractor submittals as provided by OMUC for compliance with the Contract Documents and provide responses. Submittal responses will be provided electronically via email to OMUC within ten (10) working days of receipt. Where submittals are noted as critical, efforts will be made to expedite the review. It is assumed that OMUC will process submittal responses and provide those to the Contractor. The scope is based upon review of a total of seventy (70) submittals inclusive of original and re-submittals.

Prepare and maintain a submittal log with documents the status of submittals, dates of receipt and corresponding responses, and final disposition. Provide a copy of the submittal log to OMUC as requested.

Task 3.5 – Requests for Information (RFI)
Review and respond to Contractor RFIs as provided by OMUC. RFI Responses will be provided electronically via email to OMUC within five (5) working days of receipt. It is assumed that OMUC will process RFI responses and provide those to the Contractor. The scope is based upon review of a total of thirty (30) RFIs.

Task 3.6 – Design Revisions
Prepare construction field order changes and design revision as required or requested by OMUC.

Design revisions will be provided electronically via email to OMUC. The schedule will be dependent on the significance of the revisions and will be coordinated with OMUC prior to initiation of the design 808
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Ontario Municipal Utilities Company
February 19, 2026

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com revisions. It is assumed that OMUC will process the design revisions and provide those to the Contractor. The scope is based upon a total of twenty (20) design revisions.

Task 3.7 – Change Order Management
Assist OMUC with negotiating and coordinate the implementation of contract change orders during the construction process. Review and evaluate the appropriateness of all proposed change orders.

Advise OMUC as to their effect on the contract time and cost and perform independent estimates of the proposed change order work as requested, as well as recommend approval or denial. Change order responses will be provided electronically via email to OMUC. The schedule will be dependent on the significance of the change order and will be coordinated with OMUC on a case-by-case basis.

It is assumed OMUC will compile change order supporting documentation, such as inspection reports, test reports, drawings, sketches, photographs, and other materials as required, and process change orders and provide those to the Contractor. The scope is based upon responding to a total of thirty (30) change orders.

Task 3.8 – Record Drawings and Post Construction Tasks
Prepare record drawings by incorporating “red-lined” changes, as documented and recorded by the Contractor and/or Construction Manager and provided by OMUC, on the conformed drawings. Draft record drawings will be provided electronically via email to OMUC within fifteen (15) working days of receipt of the “red-lined” conformed drawings. Final record drawings will be provided electronically via email to OMUC within ten (10) working days of receipt of OMUC comments to draft record drawings. Upon confirmation of final record drawings, submit final hard copy record drawings on Mylar.

Coordinate with OMUC in preparation of Punch List and review of Contractor’s final payment application.

Task 4 – Optional Construction Engineering Services
Task 4.1 – Optional Engineering Reports for Added Conversion Sites Prepare an Engineering Report (ER) for six (6) existing properties that are currently connected to potable water, but will be converted to recycled water when the existing main on B Street is converted from potable to recycled water. The ERs will detail recycled water usage for each site and document the facilities installed. The ERs will be prepared in accordance with California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) Guidelines. Draft ERs will be provided electronically via email to OMUC for review and comment. Final ERs will be provided electronically via email to OMUC within ten (10) working days of receipt of City comments to draft ERs. It is assumed that OMUC will coordinate submittal of the ERs for State review and approval. If State comments are received, the Final ERs will be revised to reflect State comments, and will be resubmitted electronically via email to OMUC for re-review and approval by the State. 809
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Ontario Municipal Utilities Company
February 19, 2026

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com The following are specific tasks involved with the preparation of the ERs. • Perform site visit to each of the properties for which an ER is required. Perform evaluation of each sites currently installed irrigation equipment and determine work required to make the sites recycled water ready.
• If necessary, prepare construction drawings for each site requiring it showing work required to make the sites recycled water ready.
• Prepare ER for each site.

Task 5 – Environmental Services
Task 5.1 – Biological Resource Services
Perform the following biological resource services:
• Present a worker environmental awareness program (WEAP) training, assumed to be virtual, for the Contractor and field workers to alert personnel of the potential presence of biological resources within the project vicinity and train personnel on protocols to follow in and around these resources.
• Pre-construction nesting bird clearance surveys will be conducted, if necessary, three (3) days prior to the initiation of any ground disturbing activities in any one area. The scope is based upon a total of ten (10) surveys being conducted over the course of construction. If work is delayed or suspended for more than thirty (30) days following any pre-construction survey, the area in question will require another survey. Results of each survey will be immediately communicated to OMUC following completion of that survey. A survey report for each survey will be prepared to summarize survey methods, conditions, and results. Each survey report will be provided electronically via email to OMUC within three (3) working days of the survey.

Task 5.2 – Arborist Services
Perform onsite tree monitoring including determination of trees protected root zone (PRZ), monitoring of tree health during construction, verification of Contractor’s tree protection measures, observation of Contractor’s construction in the vicinity of trees, and other tasks as necessary to assist OMUC with the protection of the existing trees along the project corridor and implementation of mitigation measures to reduce the construction impact on the trees. Prepare tree monitoring reports as necessary throughout construction to describe monitoring efforts and actions taken. Tree monitoring reports will be provided electronically via email to OMUC as required throughout construction. The scope is based upon up to seven hundred (700) hours of onsite monitoring with a minimum of two (2) hours billed per site visit, and up to fifty hours of report preparation.

Task 5.3 – Archaeological Resource Services
Perform the following archaeological resource services:
• Present a worker environmental awareness program (WEAP) training for the Contractor and field workers to alert personnel of the potential presence of cultural, historical, or 810
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Ontario Municipal Utilities Company
February 19, 2026

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com archaeological resources within the project vicinity and train personnel on protocols to follow in and around these resources, or should the discovery of new resources take place. • Perform cultural resources monitoring including implementation of buffer areas around sensitive resources, monitoring of sensitive resources during construction, inspection of earthwork activities, and notification of tribal representatives, as necessary. • Perform post-construction assessment of the impact of earthwork activities. • Prepare a monitoring report describing the work performed. The monitoring report will be provided electronically via email to OMUC within thirty (30) working days of the completion of the field monitoring activities.

The scope is based upon up to two hundred (200) days (up to eight (8) hours per day) of onsite monitoring, and up to three (3) days (up to eight (8) hours per day) for the post-construction assessment.

Task 6 – Optional Environmental Services
Task 6.1 – Optional Biological Monitoring
If avian nests are observed during a pre-construction survey, provide biological monitoring during the period when such areas require monitoring. Prepare a biological monitoring report describing the work performed. The biological monitoring report will be provided electronically via email to OMUC within thirty (30) working days of the completion of the biological monitoring activities. The scope is based upon up to one hundred (100) days (up to eight (8) hours per day) of onsite monitoring.

Assumptions/Exclusions

1. The scope is based upon a project timeline of approximately 2 years inclusive of the bid, award, and construction phase.

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

3. The number of submittals, RFIs, design revisions, meetings, and site visits is based upon review of the Contract Documents, the contract duration, and Ardurra’s best approximation. Should actual quantities exceed that estimated, Ardurra will inform OMUC in advance of expending the budget, and an amendment may be required to complete the work.

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

5. Construction testing is not included in the scope of work.

6. Geotechnical engineering services are not included in the scope of work.

7. Surveying and/or staking services are not included in the scope of work.

8. Installation of protection barriers for environmental resources (trees, biological or archaeological, etc.) is not included in the scope of work.

9. It is assumed that all environmental reports will be finalized after one (1) round of comments and revisions.

10. Fees for biological and cultural resource monitoring are based upon a total number of eight (8) hour days. If the number of hours onsite for any single day is between four (4) hours and eight (8) hours, that day will be billed at the eight (8) hour rate. If the number of hours onsite for any single day is up to four (4) hours, that day will be billed at an adjusted four (4) hour rate.

The total number of days onsite will be adjusted based upon the actual number of four (4) and 811
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Ontario Municipal Utilities Company
February 19, 2026

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3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | www.ardurra.com eight (8) hour days are required to complete the work, up to the level of effort shown on the fee spreadsheet.
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EXHIBIT "B"

SCHEDULE OF SERVICES & COMPENSATION
813
EXHBIT "B" FEE SCHEDULE
Ontario Municipal Utilities Company (OMUC)
Bid Phase Services and Engineering Services During Construction (ESDC) for UT1072 Euclid Avenue Recycles Water System Project
Landscape /
Irrigation
Biological
Resources
Cultural /
Historical
Resources
Arborist
KTUA ELMT BRC California Arborcare 10%
2026 Rates 355$ 300$ 280$ 230$ 170$ 180$ 265$ 135$ 280$ TASK 1 - General Requirements
Project Management, Invoicing/Billing, Progress Reports 36 16 12 24 $ 20,180 $ 20,180
TASK 2 - Bid Phase Services
Pre-bid Meeting 1 1 1 $ 865RFI/Bid Questions 1 2 4 8 2 $ 3,410Bid Interpretation, Evaluation, and Contractor Recommendation 1 4 4 $ 2,395Conformed Documents 1 4 8 4 $ 3,180 $ 9,850
TASK 3 - Construction Engineering Services
Pre-Construction Meeting 4 4 4 $ 350 $ 35 $ 1,000 $ 4,485Progress Meetings (30 total) 30 30 12 $ 2,100 $ 210 $ 20,790Construction Site Visits (20 total) 30 96 12 $ 1,750 $ 175 $ 2,000 $ 37,585Submittals (70 total) 4 8 24 48 128 6 16 8 $ 2,500 $ 250 $ 52,080Requests for Information (30 total) 2 4 12 24 64 8 8 4 $ 1,920 $ 192 $ 28,102Design Revisions (20 total) 4 16 24 48 96 64 4 $ 1,000 $ 100 $ 54,040Change Order Management 36 64 48 16 $ - $ 37,440Record Drawings and Post Construction Tasks 1 4 8 24 36 64 $ 2,250 $ 225 $ 500 $ 29,930 $ 264,452
TASK 4 - Optional Construction Engineering Services
Optional Engineering Reports for Added Conversion Sites $ - Site Visits 2 12 12 $ 1,500 $ 6,860 Construction Drawings 1 4 12 24 36 64 $ 28,075ER Preparation 1 4 8 16 24 48 $ 20,195 $ 55,130
TASK 5 - Environmental Services
Biological Resource Services 4 8 $ 20,700 $ 2,070 $ 26,010Arborist Services 4 32 $ 122,250 $ 12,225 $ 144,075Archeological Resource Services 4 32 $ 207,650 $ 20,765 $ 238,015 $ 408,100
TASK 6 - Optional Environmental Services
Optional Biological Monitoring 4 24 $ 156,100 $ 15,610 $ 179,190 $ 179,190
15 41 250 419 452 248 150 54 32
5,325$ 12,300$ 70,000$ 96,370$ 76,840$ 44,640$ 39,750$ 7,290$ 8,960$ 11,870$ 176,800$ 207,650$ 122,250$ 51,857$ 5,000$ 936,902$ TOTAL CONTRACT AMOUNT, T&M NTE $ 936,902
Total Hours:

Environmental Services
Total Project Cost:

Optional Environmental Services
Admin
Senior
Construction
Manager
Project
Engineer
II
Bid Phase Services
Construction Engineering Services
General Requirements
Optional Construction Engineering Services
Labor Hours Subconsultants
Task Item
Direct Costs TOTAL
Principal
Senior
Environmental
Scientist
Project
Engineer
IV
Project
Manager
VI
CAD
Designer
IV

QA/QC &
Technical
Review
Sub Markup
814
46700.10201\44913650.1
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
April 16, 2026
Norstar Plumbing and Engineering, Inc.

Attn: Nathan Plummer, Chief Operating Officer
8780 19TH St #310
Alta Loma, CA 91701
All Cities Engineering, Inc.

Attn: Javier Castro, Vice President
PO Box 3619
Riverside, CA 92519
Big Ben Engineering, Inc.

Attn: Sep Sharifi
4790 Irvine Blvd. #105-404
Irvine, CA 92620
Re: Bid Protest dated March 30, 2026
OMUC Contract No. UT1072

The City of Ontario (“City”) is in receipt of the bid protest attached hereto as Exhibit A and Exhibit B (collectively, the “Bid Protest”), as well as the responses thereto attached hereto as Exhibit C and Exhibit D.

The Bid Protest as applied to the bid of apparent low bidder All Cities Engineering, Inc. is DENIED as without legal or factual merit. The Bid Protest as applied to the bid of apparent second low bidder Big Ben Engineering, Inc. is DENIED as moot. City staff intends to recommend that the contract be awarded to apparent low bidder All Cities Engineering, Inc. as the lowest responsible responsive bidder.

The irregularities complained of in the bid of All Cities Engineering, Inc. do not render the bid nonresponsive because the irregularities do not impact the bid’s promise to do what the specifications require.(Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 815
46700.10201\44913650.1
1452). Rather, the irregularities complained of in the bid of All Cities Engineering, Inc. related to responsibility, as the Bid Protest questions whether that bidder has the “demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103). The distinction is important, because a bidder whose responsibility is questioned has a constitutional due process right to notice and an opportunity to be heard before its bid is rejected on such grounds. (Id. at pp. 1455-1458). In other words, a post-bid-submittal can resolve a responsibility issue while a post-bid submittal cannot resolve a responsiveness issue.

Here, the response to the Bid Protest of All Cities Engineering, Inc. adequately demonstrates the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.
“Competitive bidding guards against favoritism, extravagance, fraud, and corruption; it serves the public by preventing waste and securing the best economic result.” (San Diego Service Authority for Freeway Emergencies v. Superior Court (1988) 198 Cal.App.3d 1466 (“San Diego”)). “It must be remembered that competitive bidding statutes […] are for the benefit of the public and not for the benefit of bidders […]. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal […] of the low bidder after the fact, cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.” (Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal. App. 2d 377, 383).

Applying the foregoing, and as a matter of simple math, it could be said that the Bid Protest should be denied for in excess of $500,000 reasons, each reason representing each dollar the bid of Norstar Plumbing and Engineering, Inc. exceeded the asserted bid of the apparent low bidder. The Bid Protest does not offer the City “the best economic result”. (San Diego). The Bid Protest does not “prevent waste”. (Ibid.) The Bid Protest does not guard against “favoritism, extravagance, fraud, and corruption”. (Ibid.). The Bid Protest instead solicits the City to spend in excess of an additional $500,000, based on specious and easily rebutted reputational disparagement of business competitors, tempting the City to favor the protester to the prejudice of business competitors that the competitive bidding is designed to avoid. The apparent low bidder has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience sufficient to satisfactorily perform the public works contract.

The balance of the Bid Protest is denied as moot. The City appreciates the Bid Protest, has carefully considered it, and denies it, a legislative decision guided by consideration of the public welfare. (Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (contract award and prior acts subject to arbitrary and capricious review). City staff intends to recommend that the City Council award the contract to the apparent lowest responsible bidder.

Respectfully,
Luke Zhipeng Qu
Senior Associate Engineer
City of Ontario
816

EXHIBIT A
817
1 Luke Zhipeng Qu
From: Nathan Plummer <[email protected]>
Sent: Monday, March 23, 2026 1:14 PM
To: Purchasing; Luke Zhipeng Qu
Subject: NORSTAR UT1072 Euclid Avenue Recycled Water System CAUTION – EXTERNAL SENDER
Dear Purchasing Dept
Pursuant to UT1072 Euclid Avenue Recycled Water System Section 00200, Paragraph 31 of the Instructions to Bidders, Norstar (a responsive bidder on the above project) respectfully submits this formal bid protest.

Project Details
• Project Title: UT1072 Euclid Avenue Recycled Water System • Invitation #: 1978
• Bid Due Date / Opening Date: March 17, 2026, 2:00 p.m. PDT • Our Bid: Timely submitted and responsive
Basis of Protest Immediately after the bid results became publicly available on March 17, 2026, we submitted a Public Records Act request to your office (received March 17, 2026, Reference No. R007263- 031726). This request was made for the sole purpose of reviewing the bid tabulation, bid documents, and all related records so that we could fully evaluate whether any irregularities exist and, if so, prepare and file a complete substantive protest within the time allowed by the Contract Documents.

To date, we have not received any responsive documents. The City’s delay in producing these public records is preventing us from completing our review and finalizing any additional protest. This directly impairs our rights as a bidder under the Public Records Act and the Contract Documents.

Requested Relief We respectfully request that the City:

1. produce all records responsive to our Public Records Act request (Reference No. R007263- 031726);

2. Suspend any contract award, Notice of Intent to Award, or further processing of this project until the requested records are provided and we are given a reasonable opportunity (at least five business days after receipt) to review them and supplement this protest if necessary; and

3. Confirm in writing the date the records will be delivered and any extension of protest deadlines granted.

We have attached a copy of the City’s acknowledgment of our Public Records Act request for your reference. We are available at your earliest convenience to discuss this matter or to clarify the scope of records requested.
818
2 Thank you for your prompt attention. We appreciate the City’s commitment to a fair and transparent bidding process and look forward to your immediate response.

Respectfully submitted,
Nathan Plummer
Chief Operating Officer
Norstar Plumbing and Engineering, Inc.
8780 19TH St #310 Alta Loma, CA 91701 [google.com]
Office- (909) 481-9488
Direct(Cell)- (909) 912-4456
Visit our website [norstarpipeline.com]
norstarpipeline.com
819
820

EXHIBIT B
821
▪8780 19th ST # 310 ▪Alta Loma, CA 91701 ▪P (909) 481-9488 ▪F (909) 481-4608 ▪www.norstarpipeline.com ▪License 633471 A, C36
3/30/26
Dennis Mejia
City of Ontario Municipal Utilities Company
303 East “B” Street, Ontario, CA 91764

BID PROTEST
UT1072 Euclid Avenue Recycled Water System
Submitted to: Dennis Mejia, P.E. Utilities Engineering Manager City of Ontario Municipal Utilities Company 303 East “B” Street, Ontario, CA 91764
Dear Mr. Mejia,
This letter constitutes a Supplemental and Final Bid Protest pursuant to Section 00200, Paragraph 31 of the Instructions to Bidders. It supplements and finalizes our original protest emailed on March 23, 2026. Our Public Records Act request (Ref. No. R007263-031726), submitted on March 17, 2026 at 4:35:39 p.m., was not produced until March 27, 2026 at 8:51:17 a.m., despite multiple requests for expedited production. We now submit this final protest after full review of all bid documents.

We are hopeful that the City has already identified these same issues during its own review, rendering this protest unnecessary. Please know that we submit this protest with the City’s best interests in mind and a desire for a fair and lawful procurement process. We hope the City holds all bids to the standards set forth in the bid documents, as a waiver of any irregularities would be misleading.

Protest – All Cities Engineering (Lowest Bidder) All Cities Engineering’s bid is non-responsive and must be rejected under California public works contracting law, which requires strict compliance with all material requirements of the solicitation.

1. Failure to Provide Required Certifications (Sections 00441 & 00443 / Notice Inviting Bids, page 3): No completed Public Works Contractor Registration Certification (Section 00441) was submitted, and no Certificates of Reported Compliance (CRCs) were provided for the bidder or any listed subcontractors as expressly required. The Notice Inviting Bids and Section 00441 state that failure to provide these documents “may render the Bid non-responsive.” Under California law, the omission of required certifications is a material deviation that cannot be waived.

2. Falsified List of Completed Projects (Section 00430, page 26): All Cities listed a JCSD project valued at $15,000,000.00 as successfully completed. In fact, their bid on that project was rejected and the contract was awarded to Norstar Construction (our firm). This material misrepresentation violates the requirement of good-faith completeness in bid forms and renders the bid nonresponsive as a matter of law. 822
▪8780 19th ST # 310 ▪Alta Loma, CA 91701 ▪P (909) 481-9488 ▪F (909) 481-4608 ▪www.norstarpipeline.com ▪License 633471 A, C36

3. Failure to List Required Subcontractor – Welding (Section 00440 & Public Contract Code § 4104): Welding of the 24-inch CML&C welded steel pipe constitutes work in excess of 0.5% of the total bid price. Public Contract Code § 4104(a) mandates that bidders list the name, address, license number, and DIR registration number of every such subcontractor. Failure to do so is grounds for a finding that the bid is non-responsive, and rejection is mandatory. All Cities listed no welding subcontractor.

4. Inaccurate Subcontractor Listing (Section 00440): All Cities listed a jack-and-bore subcontractor for work that does not exist anywhere in the plans or specifications. This demonstrates a failure to accurately review the bid documents and constitutes a material irregularity under the strict-compliance standard required by California law.

Protest – Big Ben (Next Lowest Bidder) Big Ben’s bid is likewise non-responsive and must be rejected for the following material defects:

1. Incomplete DIR and Fleet Compliance Certifications (Sections 00441 & 00443 / Notice Inviting Bids, page 3): Big Ben provided DIR and CARB CRC certificates for only some subcontractors, not all as required, and failed to provide proof of its own Air Resources Board fleet certification. The Contract Documents expressly state that failure to submit valid CRCs “may render the Bid non-responsive.” Omission of these mandatory certifications is a material defect under California public works law.

2. Incomplete Bid Bond Submission (Section 00410 & Instructions to Bidders, Section 11): Big Ben’s electronic bid package omitted pages 19 and 20 of the required Bid Bond form. The Instructions to Bidders expressly require bidders to “attach a pdf file(s) to the electronic bid submission containing all of the completed and signed Bid Documents.” Although the original hard-copy bond was hand-delivered, the Contract Documents do not permit omission of pages from the mandatory electronic submission. This is a material deviation from the bidding requirements. California courts hold that bids must strictly conform to the solicitation; incomplete bid-security forms constitute a fatal defect unless the variance is truly inconsequential (which this is not).

3. Failure to Designate a Qualified Irrigation Specialist (Technical Specifications TS-84, Bid Item 54): The Landscape Irrigation System work requires a qualified contractor with minimum experience, a C-27 license, and specific certifications (Irrigation Association or CLCA). Big Ben failed to list or demonstrate any qualified irrigation specialist. This violates the explicit qualification requirements of the Technical Specifications and renders the bid non-responsive under the strict-compliance rule.

Requested Relief Pursuant to the Instructions to Bidders, Public Contract Code § 5100 et seq., and the explicit non-responsiveness language in the Contract Documents, we respectfully request that the City:

1. Declare the bids of All Cities Engineering and Big Ben non-responsive;

2. Reject both bids; and
823
▪8780 19th ST # 310 ▪Alta Loma, CA 91701 ▪P (909) 481-9488 ▪F (909) 481-4608 ▪www.norstarpipeline.com ▪License 633471 A, C36

3. Award the contract to the next lowest responsive and responsible bidder (Norstar Plumbing and Engineering inc. / our firm) .

We have attached the relevant pages from the bid packages of both firms and the applicable Contract Document sections for your immediate reference. We are available at your earliest convenience to discuss this protest.

Thank you for your prompt attention to this matter.

Respectfully submitted,
Nathan Plummer
Attachments:
• Original protest email correspondence
• PRR acknowledgment and production timeline
• Relevant excerpts from All Cities and Big Ben bid packages • Highlighted Contract Document sections (00410, 00430, 00440, 00441, 00443, TS-84, Notice Inviting Bids)
• Public Contract Code §§ 4104 and 5100 excerpts for reference Nathan Plummer
Chief Operating Officer
Norstar Plumbing and Engineering, Inc.
8780 19TH St #310 Alta Loma, CA 91701
Office- (909) 481-9488
Direct(Cell)- (909) 912-4456
824

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46700.00100\33349674.4
(BB&K 10/2020
- 31 - SECTION 00441

PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
SECTION 00441

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid 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.

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature
Name and Title
Dated

END PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 830
46700.00100\33349674.4
(BB&K 10/2020
- 3 - SECTION 00100

NOTICE INVITING BIDS
making arrangements through the OMUC Project Manager. Bids WILL NOT be accepted from any bidder who did not attend the Pre-Bid Meeting.

Each bid shall be accompanied by the security referred to in the Contract Documents, the noncollusion declaration, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which went into effect on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at the City Clerk’s office or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

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 bid 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. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
831
OMUC Project No. UT1072 Section 00800
Euclid Avenue Recycled Water System Technical Specifications TS-82
Payment for this Bid Item shall be made at the contract price bid per each (LS) for “Convert Existing Irrigation System to Recycled Water - Town Square Park” and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefore.

Payment
Payment for this Bid Item shall be made at the contract price bid per each (LS) for “Convert Existing Irrigation System to Recycled Water - Centennial Park” and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefore.

Payment
Payment for this Bid Item shall be made at the contract price bid per each (LS) for “Convert Existing Irrigation System to Recycled Water - Riverside Drive Parkway” and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefore.

BID ITEM 54 LANDSCAPE IRRIGATION SYSTEM
The work to be performed under this Spec Item includes full compensation for furnishing all labor, materials (including fittings), tools, and equipment and consists of, but not necessarily limited to the following:
• The scope of work includes the construction of an irrigation system for trees and modifications to irrigation in existing landscape planting areas. The extent of the irrigation system is shown on the drawings. The work includes all services, labor, materials, transportation and equipment necessary to perform the work as shown and/or noted on the drawings and/or as specified. Irrigation system shall be fully functional with all capabilities met. • Contractor is responsible for close coordination with other contractors involved with demolition and construction of site elements. For the project to be successful, it is the responsibility of Contractor to coordinate his work with other trades, as well as with the City’s Representative prior to, and throughout the construction period to avoid conflicts which may interrupt another’s work progress.
• Qualifications and Requirements:

1. Project Experience. Have a minimum of five (5) years experience installing three (3) different projects of this size and of similar scope. Provide project references.

2. Project Completion. Successful completion of a minimum of three (3) commercial irrigation projects of this size and of similar scope, from beginning to end (not including projects that may not have been originally bid upon from the project beginning). Must have a good reputation for quality of work and the ability to stay on schedule.

3. Company Specialization. Professional contractor must have at a minimum, a C-27 license, is a Certified Irrigation Contractor (by the Irrigation Association) or equivalent certified Contractor with CLCA (California Landscape Contractors Association), specializing in commercial irrigation system installation and maintenance. A review of a current copy of each bidder’s license is required.

4. Credit Rating. Business has a good credit standing with irrigation distributors, manufacturers and other creditors that the business relies upon to perform.

5. Contractor shall be able to secure bonding.

6. Contractor shall be able to obtain and carry appropriate insurance policies.

7. Installation Expertise. It is required for the Contractor’s performance that installers are experts in the operations they are engaged to perform.

8. Contractor shall provide evidence of valid training, certifications, safety training, and continuing education of employees by industry leading trade groups such as the IA and CLCA.

9. Company crew size and equipment shall be sufficient to accomplish the installation on schedule and maintain the landscape according to maintenance specifications. The contractor shall own or have access to all of the equipment necessary to properly install the irrigation system.

10. Designation of site project leader or foreman shall not change for the duration of the installation. 832
833
46700.00100\33349674.4
(BB&K 10/2020
- 26 - SECTION 00430

CONTRACTOR INFORMATION AND

EXPERIENCE FORM
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Description of
Bidder’s Work
Period of
Performance
Cost of
Bidder’s
Work
Contact Name/
Phone Number
JCSD Water main Imp. 2024-2026 $15,000,000 Enaya Kyguni (909) 532-9675 C/O Garden Grove Water main 25/26 $8,000,000 Carina Dan (714) 448-1456 C/O Chino Hills Water main Imp. 2025 $2,500,000 Daniel Hernandez (909) 270-0768 C/O Fullerton Water main Imp. 2024/2026 $6,000,000 Miguel Garcia (714) 932-7506 C/O South Gate Water main Imp. 2024 $3,500,000 Derwin Dy (657) 252-1170 C/O Lakewood Water main Imp. 2024/25 $4,250,000 Anthony Manzano (562) 866-9771 Ext. 2703
834
46700.00100\33349674.4
(BB&K 10/2020
- 29 - SECTION 00440

LIST OF SUBCONTRACTORS FORM
SECTION 00440

LIST OF SUBCONTRACTORS FORM
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name, contractor’s license number, DIR registration number and the location of the place of business of and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. The City may, within its sole discretion, grant additional time to provide the below requested information. If no subcontractor is specified for a portion of the Work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater, or if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of Work Subcontractor Name Location of Business CSLB License
Number
DIR Registration
Number
Traffic LoopsSurveyingAsphalt/coldplane
Jack/Bore
Striping
Landscape/Irrigation
All American Asphalt
Golden State Boring
Superior Pavement Markings
On Point Land Surveying, Inc
Marina Landscape, Inc
South Gate, CA
Corona, CA
Chino, CA
Cypress, CA
Redlands CA
Orange, CA
Tesoro Contractors, Inc 1091855 1000995757
LS 8133 1000003100
267073 1000001051
678500 10000057881141887 2000015240
492862 10000000079
Tree Removal Treesmith Enterprises, Inc Anaheim, CA 802705 1000001838 835
836
837
838
839
SECTION 00405

CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder Big Ben Inc.

Signature
Sep Shari NameCEO fi Title
Dated 03-17-26

END OF CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION -18- SECTION 00405

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
(BB&K 10!2020
46700.00100\33349674.4
840
46700.00100\33349674.4
(BB&K 10/2020
- 29 - SECTION 00440

LIST OF SUBCONTRACTORS FORM
SECTION 00440

Portion of Work Subcontractor Name Location of Business CSLB License
Number
DIR Registration
Number
Grind & Cap Hardy & Harper 32 Rancho Circle, Lake Forest, CA 92630 215952 1000000076 On Point Land Surveying, Inc. Survey 1906 Orange Tree Lane, Suite 240, Redlands, CA 92374 LS 8133 1000003100 Striping Superior Pavement Markings 5312 Cypress St Cypress, CA 90630 1141887 2000015240 Traffic Loops Traffic Loops Crackfilling 946 S. Emerald St., Anaheim, CA 92804 652956 1000003794 V & E TREE SERVICE INC 2425 N Batavia St Orange, CA 92865 Tree removal & Pruning 654506 1000001936 841
SECTION 00441

No bid 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.

DIR Registration Number: 1000007466
06-30-2027 DIR Registration Expiration;
Small Project Exemption: Yes or X No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature
Name and Title Sep sharifi (C o)
Dated 03-17-26

END PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
' If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." .31 - SECTION 00441

PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
(BB&K 1012020
46700.00100\33349674.4
842
SECTION 00443

Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(0(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(0(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder: Big Ben Inc.

Signature:

Name: Sep Sharifl
Title: CEO
Date: 03-17-26
- 33- SECTION 00443
(BB&K 10/2020 FLEET COMPLIANCE CERTIFICATION
46700.00100\33349674.4
843
219/26, 11:22 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation 2 California Environmental Protection Aoenc`r b
Air Resources Board
January 1, 2026 a"t

CERTIFICATE OF REPORTED COMPLIANCE

OFF-ROAD DIESEL VEHICLE REGULATION E
is issued to 1
r,

BIG BEN ENGINEERING
This certificate indicates that the fleet listed above has reported o`broad diesel vehicles to the y 4 California Air Resources Board and has certified they are in comp) ance with title 13 CCR, € is section 2449. All applicable vehicles owned by the individual, company or agency must be t Z j rt y repolec and labeled, as specified in Section 2449, with all possible completeness, else this x y} ) 'tl cut if v .cte iv null and void. Certificate expires 2/28/2027 J -V Off road Diesel Fleet Identification
1r i. r 117373 t E r 1lj `i`-ti^ Y` I, .i .. Bu d i o verify the authcnticil of ihu crdf .raM enter Ihrs numb ! f};_ -f ht'.IrG,r,wx,nrb.ca.go,,%::oorslcompliance__c^rt1.hc" "•o-t,, - ly yj , [ , ilrt • flr r ' It t -, : .' ,'r71L ,r ' Iti4 ! - ... j/! t 1i l.zf j' -- f4li-•' y5i' 74 :ti✓,. t il. y .} 1; - 1 t j I https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certifi cate.php 111844 California Environmental Protection Agency
Air Resources Board
January 1, 2026

CERTIFICATE OF REPORTED COMPLIANCE

OFF-ROAD DIESEL VEHICLE REGULATION
is issued to
HARDY & HARPER, INC.

This certificate Indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are In compliance with title 13 CCR, section 2449. AU applicable vehicles owned by the lndividusl, company, or agency must be reported and labeled, as specified In Section 2449, with all possible completeness, else this certificate Is null and void. Certificate expires 2/28/2027 l3u tat L 011-road Diesel Fleet Ideal libation
4333
bro..rte4fnoe
v
Chief, hlobI Sou, Conhot D, 4$lon 1'o veiny the s AheNlcily of U, culi6cM*. enter this number at C,Mo,el,krnerernceseoxa ht1p:!lwM,.aIb.ca.9ov/doors/con1pfiaflce_ce'1i.html 845
SECTION 004443

Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") Is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(0(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning Is attached hereto.

Name of Bidder: L•
Signature:

Name: V aY tSs A A1Vd
Title: Prate YY1u er
Date: 03 a a O a.t.o
-33- SECTION 00443
(868K 9012020 FLEET COMPLIANCE CERTIFICATION
46700.00100133344674.4
846
y' 1" i '`3 ✓' s
1906 Orange Tree Lane, Suite 240 Redlands, California 92374 (909) 792-2221, (909) 784-1836 fax
[email protected]
www.onpointlandsurveying.com
03/04/2026
RE: Euclid Avenue Recycled Water System, Ontario
Bid # UT1072
CARB CA Air Resources Board
Certification of Compliance: I hereby certify that our company is familiar with the requirements of California Code of Regulations (CCR) Title 13 sections 2449, 2449.1, and 2449.2, In-Use OffRoad Diesel Fueled Fleet Regulation (Off-Road Regulation) Compliance (CARE), and that Contractor shall comply with these requirements:
hereby certify that our work on the Euclid Avenue Recycled Water System, Ontario Project does not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements.

Contractor Company Name: v1\ QOt , iy .d \ UYV 1( W_ , 1 nL• Signature: \( -J"'{---
Print Name: \h\tSSa LOVO -
Date: a :l' O I ' aoaio
847
SECTION 00441

No bid 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.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.)
Name of Bidder: Superior Pavement Markings, LLC
DIR Registration Number: 2000015240
DIR Registration Expiration: 06/30/2026
Small Project Exemption: Yes or V No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature --
Name and Title Darren Veltz, President
Dated 03/17/2026

END PUBLICWORKSCONTRACTORREGISTRATIONCERTIFICATION
If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." - 31 - SECTION 00441

PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
(BB&K 10/2020
46700.00100133349674.4
848
2/19/26, 10:35 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation California Environmental Protection Agency
Air Resources Board
January 1, 2026

CERTIFICATE OF REPORTED COMPLIANCE

OFF-ROAD DIESEL VEHICLE REGULATION
is issued to
SUPERIOR PAVEMENT MARKINGS LLC.

This certificate indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are in compliance with title 13 CCR, section 2449. All applicable vehicles owned by the individual, company, or agency must be reported and labeled, as specked in Section 2449, with all possible completeness, else this certificate is null and void. Certificate expires 2/28/2027 Off-road Diesel Fleet Identiflcatlon
Mithtlle Buffington 245580
Udef, Mohlle Sour <e Control Division To verify the authenticity of this certificate, enter title number at CjI,tornhr Air Rr nnrcet Board http:/lwww.arb.ca.gov/doorslcompl iance_certl.html https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/phplcertifi cate.php 111849 CALIFORNIA r=
r I AIR RESOURCES BOARD
Certificate of Reported Compliance With: s f ii r }r €i Truck and Bus Regulation I A
Fa 11g
rs Issued to: Superior Pavement Markings Inc.
= s F This certificate confirms that the fleet owner has attested under penalty of perjury that the statements f and information they provided to the California Air Resources Board (CARB) are true, accurate, and complete regarding all relevant vehides in the fleet required to show compliance. GARB hereby finds '- that the fleet listed has met requirements of: ; E Title 13 CGR 2025 (Truck and Bus Regulation) If CARB subsequently finds that the statements and information that have been provided are not true, accurate, and complete, this certificate shall be effectively revoked and the fleet subject to penalties. i :I This certificate is valid until December 31, 2026 r _ TRUCRS Fleet Identification Printed on 2025-01-05 151395
i•ticheile Buffington p
i To verify the euthenticity of thLt cerlific Le, visit Ir i Division Chief, 1•t u Source Centro[ 4 Vehicles www.arb.Ci qov/r s rog/onrdk soi/tbfookup,pup }rJ DivisiurlC" IifUrnid A/fir f2F_aour[crs l;tkrrd } 1 ___: __...L______________ ____________ ____ t=
850
SECTION 00443

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
j The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(0(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder: Traffic Loops Crackiflling, Inc.

Signature:

Name: Mary P. Nguyen
Title: Vice President
Date: 03/17/2026
- 33- SECTION 00443
(BB&K 10/2020 FLEET COMPLIANCE CERTIFICATION
46700.00I00\33349674.4
851
California Environmental Protection Agency
Air Resources Board
January 1, 2026

CERTIFICATE OF REPORTED COMPLIANCE

OFF-ROAD DIESEL VEHICLE REGULATION
is issued to

TRAFFIC LOOPS CRACKFILLING, INC
*No vehicles reported.

This certificate Indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are in compliance with title 13 CCR, section 2449. All applicable vehicles owned by the individual, comparr', or agency must be reported and labe'ed, as specified in Section 2449, with all possible completeness, else this certificate is null and void. Certificate expires 2/28/2027 Mud& l3af c+t rL Off-road Diesel Fleet Identification
245463
Michelle 9uffiren
Chief, Mobile Source Control Division To verity the authenhiclty of this certihoale, order this number nt Cdlifunda Al, Resources Board http:llwww,arb.ca.gov/doors/compliance_certl html 852
t t7 f2 1.. !r j I. li 1 "' 1-t•' aT It. 3. ri ?T t I 4 I' E •a-z,.t. S,.i ..

S L t ( s! xC (I a S Pt I :, [ r' t"'.f r t .1 I I' ft II IE f 41r' I1 .a' '; 1 ': t III ' ] i 1 l 1, I 1 + X tltMl e'L 'a+La„"•`""`liiL' R94Y 1dli@A9'A2Z, •af%a.'!P.'rf ¢s> .cRbt 14&ifS3.U11 _IW.?1I*S1 EiY'.I4tOoa..W2. ..1"1Y.'],YSf&L`L S7itoWR '0NtF flt,fl `A yt1 I .,r '3 S i I! ' (iCALIFORNIA' ' AIR RESOURCES BOARD E' ,
Certificate of Reported Compliance With:

Truck and Bus Regulation ! '
Issued to: Traffic Loops Crackfilling, Inc.
(;: `;, This certificate confirms that the fleet owner has attested under penalty of perjury that the statements and information they provided to the Califomia Air Resources Board (GARB) are true, accurate, and complete regarding all relevant vehides in the fleet required to show compliance. CARB hereby finds S that the fleet listed has met requirements of: !
•:; Title 13 CCR 2025 (Truck and Bus Regulation) •I` ,i. If CARE subsequently finds that the statements and informationthat have been provided are not true, l+ accurate, and complete, this certificate shall be effectively revoked and the fleet subject to penalties. This certificate is valid until December 31, 2026 4,.,',:,;1 II! TRUCKS Fleet Identification M t Printed on 2026-01-13 __152153
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t AIR RESOURCES BOARD
Certificate of•Reported Compliance With:

Truck and Bus Regulation
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TRUCKS Fleet Identification '
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EXHIBIT C
856
All Cities Engineering, Inc.

P.O. Box 3619, Riverside, CA 92509
(951) 255-3964
April 2, 2026
Luke Zhipeng Qu, P.E.

Senior Associate Engineer
Ontario Municipal Utilities Company
Subject: Response to Bid Protest – OMUC Contract No. UT1072 All Cities Engineering, Inc. (“ACE”) respectfully submits that its bid is fully responsive. The issues raised in the protest are either clerical in nature or matters of clarification and do not affect bid price, scope, competitiveness, or ACE’s ability to perform the Work.

ACE further notes the City’s counsel correspondence referencing concerns that this protest appears to be an attempt to prosecute a classic Judson protest in the hope of securing the contract at a higher public expense. ACE concurs with this characterization.

Additionally, ACE notes that Norstar’s supplemental and final protest submissions were made after the five (5) business day deadline set forth in the Instructions to Bidders. To ACE’s knowledge, no formal extension of this deadline was granted. Accordingly, ACE respectfully requests that the City limit its consideration to the original timely protest submitted on March 23, 2026.

Without waiving the foregoing, ACE provides the following responses:

1. CARB Certificate of Reported Compliance (CRC) and DIR Registration (Sections 00441 & 00443)
ACE included valid documentation demonstrating compliance with CARB and DIR requirements within its bid submission under the “General Attachments.” ACE is properly registered with the Department of Industrial Relations and maintains active CARB compliance.

To the extent the protest alleges any deficiency, such concerns relate solely to formatting or placement of documents and do not impact ACE’s eligibility, responsiveness, or ability to perform the Work.

Copies of these documents will be reattached for ease of reference.

2. Contractor Experience (Section 00430)
The JCSD reference in ACE’s bid reflects ongoing work performed between 2024 and 2026 across multiple projects totaling approximately $15,000,000. It was not intended to represent a single contract award, but rather ACE’s cumulative experience with the agency.

Per recent confirmation, Jurupa Community Services District (JCSD) has verified that this amount reflects work performed across three separate projects.

3. Subcontractor Listing – Welding (Public Contract Code § 4104 / Section 00440) 857
ACE will self-perform all welding and steel pipeline work under its Class A General Engineering Contractor license. Accordingly, no subcontractor listing was required for this scope, which falls squarely within ACE’s licensing classification and typical operations.

4. Subcontractor Listing – Jack and Bore / Steel Casing Work (Section 00440) Golden State Boring & Pipe Jacking, Inc. was listed as a precautionary measure based on the steel casing scope included in the plans. Such work is commonly performed using jack and bore methods.

This listing does not affect bid price, scope, or competitiveness and does not constitute a material deviation from the bid requirements.

Summary
None of the issues raised in the protest constitute material defects or deviations. ACE’s bid complies with the Contract Documents, provides no competitive advantage, and fully preserves the integrity of the competitive bidding process.

ACE remains available to provide any additional clarification or documentation the City may require.

Sincerely,
Javier Castro
Vice President
All Cities Engineering, Inc.
858
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Home  Customer Account Lookup  1000044815 - ALL CITIES ENGINEERING, INC. 1000044815 - ALL CITIES ENGINEERING, INC.

Customer Account Lookup
PWCR
1000044815
Contractor Status
CSLB
Business Phone
909-3608031
DIR Approved
859
Address
Ext
Registration Start Date
2024-07-01
Legal Entity Name
ALL CITIES ENGINEERING, INC.

Doing Business As (DBA)
ALL CITIES ENGINERING INC.

Business Structure
President
Apolonio Ramirez Castro
Email
[email protected]
Registration End Date
2027-06-30
Corporation - S corp
Crafts
General Engineering
Mailing Address
2930 Inland Empire Suite114
Mailing Address - City
Ontario
860
Related Lists
Registration Dates 7
Mailing Address - State
CA
Mailing Address - Zip
91764
Mailing Address - Country
United States
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
Physical Address - Country
Terms & Conditions
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Copyright 2024 State of California
861
dir.ca.gov
862
863
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Home  Customer Account Lookup  1000001051 - ALL AMERICAN ASPHALT 1000001051 - ALL AMERICAN ASPHALT
Customer Account Lookup
PWCR
1000001051
Contractor Status
CSLB
267073
Business Phone
951-736-7600
DIR Approved
864
Address
Ext
Registration Start Date
2023-07-01
Legal Entity Name

ALL AMERICAN ASPHALT
Doing Business As (DBA)
All American Asphalt
Business Structure
President
Mark Luer
Email
[email protected]
Registration End Date
2026-06-30
Corporation - S corp
Crafts
Operating Engineer Laborer and Related Classifications
Parking and Highway Improvement (Striping, Slurry and Seal Coat Operations-Laborer) Cement Mason
Mailing Address
400 E SIXTH ST
865
Related Lists
Registration Dates 8
Mailing Address - City
CORONA
Mailing Address - State
CA
Mailing Address - Zip
92879
Mailing Address - Country
US
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
Physical Address - Country
Terms & Conditions
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Disclaimer
866
Nondiscrimination Notice
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dir.ca.gov
Copyright 2024 State of California
867
868
869
870
871
872
873
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Home  Customer Account Lookup 
1000005788 - GOLDEN STATE BORING & PIPE JACKING, INC.
1000005788 - GOLDEN STATE BORING & PIPE JACKING, INC.

Customer Account Lookup
PWCR
1000005788
Contractor Status
CSLB
Business Phone
DIR Approved
874
Address
9099305811
Ext
Registration Start Date
2025-07-01
Legal Entity Name
GOLDEN STATE BORING & PIPE JACKING, INC.

Doing Business As (DBA)
GOLDEN STATE BORING & PIPE JACKING, INC.

Business Structure
President
Jeffrey V. Johnson
Email
[email protected]
Registration End Date
2028-06-30
-- None --
Crafts
Tunnel Operating Engineer Operating Engineer Laborer and Related Classifications Cranes, Pile Driving and Hoisting Equipment (Operating Engineer) Mailing Address
9119 SCHAEFER AVE.
875
Related Lists
Registration Dates 8
Mailing Address - City

ONTARIO
Mailing Address - State
CA
Mailing Address - Zip
91761
Mailing Address - Country
USA
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
Physical Address - Country
Terms & Conditions
Privacy Policy
Disclaimer
876
Nondiscrimination Notice
Accessibility
dir.ca.gov
Copyright 2024 State of California
877
878
879
880
881
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Home  Customer Account Lookup  1000000079 - Marina Landscape, Inc 1000000079 - Marina Landscape, Inc
Customer Account Lookup
PWCR
1000000079
Contractor Status
CSLB
Business Phone
7149396600
DIR Approved
882
Address
Ext
Registration Start Date
2025-07-01
Legal Entity Name
Marina Landscape, Inc
Doing Business As (DBA)
Marina Landscape inc
Business Structure
President
Robert B Cowan
Email
[email protected]
Registration End Date
2026-06-30
Corporation - C corp
Crafts
Plumber Operating Engineer Laborer and Related Classifications Landscape Operating Engineer Landscape/Irrigation Laborer/Tender LABORER Mailing Address
3707 W Garden Grove BlvdSuite 200
Mailing Address - City
883
Related Lists
Registration Dates 8
Orange
Mailing Address - State
CA
Mailing Address - Zip
92868
Mailing Address - Country
United States
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
Physical Address - Country
Terms & Conditions
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Nondiscrimination Notice Copyright 2024 State of California 884
Accessibility
dir.ca.gov
885
January 1, 2026

MARINA LANDSCAPE
2/28/2027
7497
http://www.arb.ca.gov/doors/compliance_cert1.html
886
887
888
889
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Home  Customer Account Lookup  2000015240 - Superior Pavement Markings 2000015240 - Superior Pavement Markings
Customer Account Lookup
PWCR
2000015240
Contractor Status
CSLB
1141887
Business Phone
7149959100
DIR Approved
890
Address
Ext
Registration Start Date
2025-09-18
Legal Entity Name
Superior Pavement Markings
Doing Business As (DBA)
Business Structure
President
Darren Veltz
Email
[email protected]
Registration End Date
2026-06-30
Limited Liability Company (LLC)
Crafts
Parking and Highway Improvement Painter (Laborer)
Mailing Address
5312 Cypress Street
Mailing Address - City
Cypress
891
Related Lists
Registration Dates 1
Mailing Address - State
California
Mailing Address - Zip
90630
Mailing Address - Country
United States
Physical Address
5312 Cypress Street
Physical Address - City
Cypress
Physical Address - State
California
Physical Address - Zip
90630
Physical Address - Country
United States
Terms & Conditions
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Copyright 2024 State of California
892
dir.ca.gov
893
1000001838
894
January 1, 2026
SUPERIOR PAVEMENT MARKINGS LLC.
2/28/2027
245580
http://www.arb.ca.gov/doors/compliance_cert1.html
2/19/26, 10:35 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 1/1 895
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2000015240
06/30/2026
Darren Veltz, President
03/17/2026
897
46700.00100\33349674.4
(BB&K 10/2020
- 32 - SECTION 00442

IRAN CONTRACTING ACT CERTIFICATION
SECTION 00442

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct:
☐ The Contractor is not:

1. identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or

2. a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
☐ City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ☐ The amount of the Contract payable to the Contractor for the Work does not exceed $1,000,000.

Signed
Titled
Firm
Date
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract Price, termination of the Contract and/or ineligibility to bid on contracts for three years.

END OF IRAN CONTRACTING ACT CERTIFICATION
Darren Veltz, President
Superior Pavement Markings, LLC
03/17/2026
898
Superior Pavement Markings, LLC
President
Darren Veltz
03/17/2026
899
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Home  Customer Account Lookup  1000995757 - Tesoro Contractors, Inc. 1000995757 - Tesoro Contractors, Inc.

Customer Account Lookup
PWCR
1000995757
Contractor Status
CSLB
1091855
Business Phone
3235136641
DIR Approved
900
Address
Ext
Registration Start Date
2023-07-17
Legal Entity Name
Tesoro Contractors, Inc.

Doing Business As (DBA)
Tesoro Contractors Inc.

Business Structure
President
Luis Barajas
Email
[email protected]
Registration End Date
2026-06-30
Corporation - S corp
Crafts
Laborer and Related Classifications Electrician
Mailing Address
9600 Kauffman Ave
Mailing Address - City
South Gate
901
Related Lists
Registration Dates 2
Mailing Address - State
CA
Mailing Address - Zip
90280
Mailing Address - Country
United States
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
Physical Address - Country
Terms & Conditions
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Disclaimer
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Copyright 2024 State of California
902
dir.ca.gov
903

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905
46700.00100\33349674.4
(BB&K 10/2020
- 31 - SECTION 00441

PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
SECTION 00441

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature
Name and Title
Dated

END PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Tesoro Contractors Inc 1000995757 06/30/2026X
Luis Barajas, President 3/17/2026
906
46700.00100\33349674.4
(BB&K 10/2020
- 32 - SECTION 00442

IRAN CONTRACTING ACT CERTIFICATION
SECTION 00442

END OF IRAN CONTRACTING ACT CERTIFICATION
X
Luis Barajas, President Tesoro Contractors Inc 03/17/2026 907
46700.00100\33349674.4
(BB&K 10/2020
- 33 - SECTION 00443

FLEET COMPLIANCE CERTIFICATION
SECTION 00443

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”).

Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Luis Barajas Tesoro Contractors Inc 03/17/2026 President 908
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Home  Customer Account Lookup  1000001838 - TREESMITH ENTERPRISES, INC. 1000001838 - TREESMITH ENTERPRISES, INC.

Customer Account Lookup
PWCR
1000001838
Contractor Status
CSLB
802705
Business Phone
714-996-6037
DIR Approved
909
Address
Ext
Registration Start Date
2025-07-01
Legal Entity Name
TREESMITH ENTERPRISES, INC.

Doing Business As (DBA)
TREESMITH ENTERPRISES, INC.

Business Structure
President
Jeannette Ramirez
Email
[email protected]
Registration End Date
2028-06-30
-- None --
Crafts
Laborer (Construction-Fence Erector-Housemover) (Engineering Construction) Landscape Laborer and Related Classifications Tree Maintenance (Laborer) Landscape/Irrigation Laborer/Tender
Mailing Address
1551 N. MILLER ST.
910
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Registration Dates 8
Mailing Address - City

ANAHEIM
Mailing Address - State
CA
Mailing Address - Zip
92806
Mailing Address - Country
United States
Physical Address
Physical Address - City
Physical Address - State
Physical Address - Zip
Physical Address - Country
Terms & Conditions
Privacy Policy
Disclaimer
911
Nondiscrimination Notice
Accessibility
dir.ca.gov
Copyright 2024 State of California
912
913
914
915
916
917
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Home  Customer Account Lookup  1000003100 - ON POINT LAND SURVEYING, INC. 1000003100 - ON POINT LAND SURVEYING, INC.

Customer Account Lookup
PWCR
1000003100
Contractor Status
CSLB
Business Phone
909-792-2221
DIR Approved
918
Address
Ext
Registration Start Date
2025-07-01
Legal Entity Name
ON POINT LAND SURVEYING, INC.

Doing Business As (DBA)
ON POINT LAND SURVEYING, INC.

Business Structure
President
Anthony Smith
Email
[email protected]
Registration End Date
2028-06-30
-- None --
Crafts
Field Surveyor Operating Engineer
Mailing Address
1906 Orange Tree Lane Suite 240
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REDLANDS
919
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CA
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92374
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Copyright 2024 State of California
920
dir.ca.gov
921
922
46700.00100\33349674.4
(BB&K 10/2020
- 31 - SECTION 00441

PUBLIC WORKS CONTRACTOR

REGISTRATION CERTIFICATION
SECTION 00441

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature
Name and Title
Dated

END PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” On Point Land Surveying, Inc.
1000003100
12-31-2026
Vanessa Lovo Project Manager
03-17-2026
923
46700.00100\33349674.4
(BB&K 10/2020
- 32 - SECTION 00442

IRAN CONTRACTING ACT CERTIFICATION
SECTION 00442

END OF IRAN CONTRACTING ACT CERTIFICATION
Project Manager
On Point Land Surveying, Inc.
03-17-2026
X
924
46700.00100\33349674.4
(BB&K 10/2020
- 33 - SECTION 00443

FLEET COMPLIANCE CERTIFICATION
SECTION 00443

Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Vanessa Lovo
Project Manager
03-17-2026
925

EXHIBIT D
926
4790 Irvine Blvd #105-404
Irvine, CA 92620
Phone: (949) 660-9400
April 5th, 2026
Dennis Mejia, P.E.

Utilities Engineering Manager
City of Ontario Municipal Utilities Company
303 East “B” Street
Ontario, CA 91764
Subject: Response to Bid Protest – UT1072 Euclid Avenue Recycled Water System Dear Mr. Mejia,
Big Ben Engineering respectfully submits this response to the bid protest concerning the above-referenced project. We appreciate the opportunity to clarify the completeness and responsiveness of our bid and confirm that our submission fully complied with the Contract Documents.

Item 1A – CARB CRC Certificates
The protest asserts that Big Ben failed to provide required CARB Certificates of Reported Compliance (CRC) for all subcontractors. This is incorrect. Big Ben provided the required CRC documentation for its listed subcontractors as part of the bid package. All submitted subcontractors were compliant with CARB requirements at the time of bid. Any suggestion that CRC documentation was omitted is inaccurate and does not reflect the contents of our bid submission.

Item 1B – DIR Registration
The protest claims incomplete DIR documentation for subcontractors. However, all subcontractor DIR registration numbers were clearly provided within the Subcontractor Listing Form and are publicly verifiable through the DIR database. Big Ben fully complied with this requirement.

Item 2 – Bid Bond Submission
The protest alleges that Big Ben’s bid bond submission was incomplete in the electronic bid. Big Ben submitted the bid bond as a separate attachment through PlanetBids and also delivered a complete original hard copy to the City prior to bid opening. The bid bond was therefore properly submitted, complete, and enforceable.

Item 3 – Irrigation Qualifications / C-27 License
The protest alleges that Big Ben failed to demonstrate qualifications for the irrigation scope. Big Ben holds a valid C-27 Landscape Contractor license and has extensive experience performing irrigation and landscape-related work. Big Ben has successfully completed multiple projects involving irrigation systems, including installation of new irrigation lines and conversion to recycled water systems. This experience satisfies the project requirements. Attached you will find a list of three projects with extensive irrigation scope, supporting our extensive experience in this scope of work.

Conclusion
Big Ben Engineering submitted a complete, responsive, and compliant bid. The issues raised in the protest are either factually incorrect or relate to non-material administrative interpretations that do not affect bid responsiveness. 927
4790 Irvine Blvd #105-404
Irvine, CA 92620
Phone: (949) 660-9400
For these reasons, Big Ben respectfully requests that the City:

1. Reject the protest against Big Ben Engineering; and

2. Proceed with evaluation of bids in accordance with the Contract Documents and applicable public contracting law.

We remain available to provide any additional clarification or documentation the City may require.

Thank you for your time and consideration.

Sincerely,
Sep Sharifi
Sepehr Sharifi
CEO
Big Ben Engineering
928
eBid Confirmation #473761 for Big Ben Engineering Page 1 of 5 PlanetBids
929
eBid Confirmation #473761 for Big Ben Engineering Page 2 of 5 PlanetBids
930
eBid Confirmation #473761 for Big Ben Engineering Page 3 of 5 PlanetBids
931
eBid Confirmation #473761 for Big Ben Engineering Page 4 of 5 PlanetBids
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eBid Confirmation #473761 for Big Ben Engineering Page 5 of 5 PlanetBids
933
Project Name / Address PUBLIC/PRIVATE Project Manager Owner Architect/Engineer Irrigation/Planting Scope of Work Total Contract Amount
Date
Completed
IRHP- Master Utility Plan
(Irvine, CA) PUBLIC
Charles
Michinock
949-294-9166
County of Orange County of Orange Design
Install over 3,000' of new irrigation lines. All
new valves, control panels. Convert existing
potbale waterline system to new recycled
water system.
$ 2,177,571.44 04/14
Western HS Tennis and Basketball
Courts Renovation
(Anaheim, CA)
PUBLIC Ralph Figueroa
714-999-5456
Anaheim Union High
School District
NAC Architecture
Los Angeles, CA
323-859-3110
New main and lateral irrigation lines for new
constructed planters. $1,235,000 01/13
Western HS Site Improvements
(Anaheim, CA) PUBLIC Ralph Figueroa714-999-5456
Anaheim Union High
School District
NAC Architecture
Los Angeles, CA
323-859-3110
Complete new irrigation system for parking lot
and new berms. New controller, RCV, sleeves,
flow sensors, quick couplers, multiple new
heads, etc.
$ 603,000.00 09/11
Reese's Retreat Playground Rehab
(Pasadena, CA) PUBLIC Chris Hernandez626-744-4303 City of Pasadena City of Pasadena
Landscape Architect (Jeff
Khun)
626-744-4389
New irrigation, planting, and turf for new
playground. Approximately 15,000 SF $ 609,000.00 02/11
Playground Rehab at Heritage Park
(Irvine, CA) PUBLIC Pat Castro949-724-6675 City of Irvine Cornerstone Studios
(Santa Ana, CA)
714-973-2200
New irrigation, planting, and turf for new
playground. New Controller, backflow
preventor, RCV, sleeves, etc.. Approximately
10,000 SF
$ 1,150,000.00 06/10
Big Ben Inc. Work Reference (IRRIGATION)
Big Ben Inc. 5319 University Dr. #403, Irvine CA 92612
Phone: (949) 660-9400 FAX: (949) 333-3672
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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. 3

TO THE PROFESSIONAL SERVICES AGREEMENT

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

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and 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. The City and Consultant have entered into an agreement entitled “OnCall Construction Management and Inspection Services” dated June 4, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend this Agreement to increase the compensation by Six Hundred Twenty-Two Thousand Four Hundred Twenty-Two Dollars ($622,422) for a total-not-to-exceed compensation of Two Million Eight Hundred Seventy-Five Thousand Nine Hundred Fifty-Two Dollars ($2,875,952) 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 and Inspection Services for Euclid Avenue Recycled Water System Project (OMUC Contract No. UT1072)” and dated February 19, 2026.

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

3.1.2 and 3.2.4 of the Agreement.

3. Terms.

3.1 Amendment. Sections 3.1.2 and 3.2.1, Exhibit A through Exhibit B of the Agreement are hereby amended in their entirety to read as follows:
1100
46700.00100\33287662.1

Page 2 of 5 ends

Ontario City CouncilJuly 7, 2026

Ontario City Council
July 7, 2026