The CFD Administrator shall interpret this Amended Rate and Method of Apportionment for purposes of clarifying any ambiguity and make deter minations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the CFD Administrator shall be subject to appeal to the Cou ncil whose decision shall be final and binding as to all persons.
H. PREPAYMENT OF FACILITIES SPECIAL TAX
Under this Amended Rate and Method of Apportionment , an Assessor’s Parcel within CFD No. 117 is permitted to prepay the Facilities Special T ax. The obligation of the Assessor’s Parcel to pay the Facilities Special Tax may be fully prepaid and permanently satisfied or partially prepaid as described herein, provided that a prepayment may be made only for Assessor’s Parcels of Developed Property, or for an Assessor’s Parcel of Undeveloped Property for which a building permit has been issued after January 1, 2025, and o nly if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Facilities Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD 704
City of Fontana June 25, 2026
Community Facilities District No. 117 (Southridge) Page 13 Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge such owner a reasonabl e fee for providing this service. If there are Outstanding Bonds, prepayment must be made not less than 30 days prior to a date that notice of redemption of CFD No. 117 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture that is specified in the report of the Facilities Special Tax Prepayment Amount (defined below).
The following additional definitions apply to this Section H:
"CFD Public Facilities Costs" means either $9,463,900 in 2026 dollars, which shall increase by the Construction Inflation Index on July 1, 2027, a nd on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Admini strator as sufficient to provide funding for the Authorized Facilities under the authorized bond ing program for CFD No. 117, or (ii) shall be determined by the Council concurrently with a covenant that it shall not issue any more CFD No. 117 Bonds (except refunding bonds) to be supported by the Facilities Special Tax levy under this Amended Rate and Method of Apportionment.
"Construction Inflation Index" means the annual percentage change in the Engineer ing News Record Building Cost Index for the City of Los Ange les, measured as of the month of December in the calendar year which ends in the previous Fis cal Year. In the event this index ceases to be published, the Construction Inflation Index shall b e another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) co sts of Authorized Facilities previously paid from the Improvement Fun d, (ii) moneys currently on deposit in the Improvement Fund available to pay costs of Authoriz ed Facilities, and (iii) the amount the CFD Administrator reasonably expects to derive from the reinvestment of these funds. "Improvement Fund" means a fund or account specifically identified in the Indenture (or prior to the issuance of the first series of CFD No. 117 Bonds a fund or account held by the City) to hold funds which are currently available for expenditure to acquire or construct Authorized Facilities. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year.
1. Prepayment in Full
The Facilities Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Facilities Special Tax Prepayment Amo unt As of the proposed date of prepayment, the Faciliti es Special Tax Prepayment Amount shall be calculated according to the following paragraphs:
705
City of Fontana June 25, 2026
Community Facilities District No. 117 (Southridge) Page 14
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For Assessor’s Parcels of Developed Property, compu te the Assigned Facilities Special Tax and Backup Facilities Special Tax for the Asses sor’s Parcel to be prepaid. For Assessor’s Parcels of Undeveloped Property for whic h a building permit has been issued after January 1, 2025, compute the Assigned Facilit ies Special Tax and Backup Facilities Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for such Assessor’s Parcel.
3. (a) Divide the Assigned Facilities Special Tax comp uted pursuant to paragraph 2 by the total estimated Assigned Facilities Special Tax lev y for CFD No. 117 based on the Assigned Facilities Special Taxes for Developed Pro perty which could be levied on all expected development assuming Buildout of CFD No. 1 17, excluding any Assessor’s Parcels which have been prepaid, and
(b) Divide the Backup Facilities Special Tax computed pursuant to paragraph 2 by the total estimated Backup Facilities Special Taxes at Buildo ut for the entire CFD No. 117, excluding any Assessor’s Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Is sued Bonds to be redeemed (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursua nt to paragraph 4 by the applicable redemption premium (e.g., the redemption price minus 100%) set forth in the Indenture, if any, on the Previously Issued Bonds t o be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to p aragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount").
8. Compute the amount needed to pay interest on the Bo nd Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the redemption date for the Previously Issued Bonds spe cified in the report of the Facilities Special Tax Prepayment Amount.
9. Determine the Facilities Special Tax levied on the Assessor’s Parcel in the current Fiscal Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator re asonably expects to derive from the reinvestment of the Facilities Special Tax Prep ayment Amount, less any interest earnings attributed to the Future Facilities Amount, and less any interest earnings attributed to the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 a nd 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount").
12. The administrative fees and expenses of CFD No. 117 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest 706
City of Fontana June 25, 2026
Community Facilities District No. 117 (Southridge) Page 15 the prepayment proceeds, the costs of redeeming CFD No. 117 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as d efined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new re serve requirement (as defined in the Indenture) in effect after the redemption of Previo usly Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previou sly Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b ) by the expected balance in the capitalized interest fund or account under the Inde nture after such first interest and/or principal payment date (the "Capitalized Interest Credit").
15. The Facilities Special Tax prepayment is equal to t he sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Facilities Special Tax Prepayment Amount").
2. Prepayment in Part
The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula:
PP = [(PE – A) x F] + A
These terms have the following meaning:
PP = the partial prepayment.
PE = the Facilities Special Tax Prepayment Amount calculated according to Section H.1.
F = the percentage, expressed as a decimal, by which the owner of the Assessor’s Parcel is partially prepaying the Facilities Special Tax.
A = the Administrative Fees and Expenses calculated according to Section H.1.
3. General Provisions Applicable to the Prepayment of Facilities Special Tax (a). Use of the Facilities Special Tax Prepayment Amount The Facilities Special Tax Prepayment Amount, less the Administrative Fees and Expenses calculated according to Section H.1 which shall be retained by CFD No. 117, and less the Future Facilities Amount calculated according to Section H.1 which shall be deposited into the Improvement Fund, shall be deposited into speci fic funds established under the Indenture, to fully or partially redeem as many Out standing Bonds as possible, and, if amounts are less than $5,000, to make debt service payments on the Outstanding Bonds. (b). Full Prepayment of Facilities Special Tax
707
City of Fontana June 25, 2026
Community Facilities District No. 117 (Southridge) Page 16 Upon confirmation of the payment of the current Fiscal Year’s entire Facilities Special Tax obligation, the CFD Administrator shall remove the current Fiscal Year’s Facilities Special Tax levy for such Assessor’s Parcel from the County tax rolls. With respect to any Assessor’s Parcel that is prepaid in accordance wit h Section H.1, the CFD Administrator shall cause a suitable notice to be recorded in com pliance with the Act, to indicate the prepayment of the Facilities Special Tax and the re lease of the Facilities Special Tax lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay the Facilities Special Tax shall cease.
(c). Partial Prepayment of Facilities Special Tax
With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute or cause to be distributed the funds remitted to it according to Section H.3.(a) and (ii) indicate in the records of CFD No. 117 that there has been a partial prepayment of the Facilities Special Tax and that a portion of th e Facilities Special Tax with respect to such Assessor’s parcel, equal to the outstanding pe rcentage (1.00 – F) of the remaining Maximum Facilities Special Tax, shall continue to b e levied on such Assessor’s Parcel pursuant to Section D herein.
(d). Debt Service Coverage
Notwithstanding the foregoing, no prepayment of the Facilities Special Tax shall be allowed unless the amount of Facilities Special Tax that may be levied on Taxable Property (assuming Buildout) within CFD No. 117 in each future Fiscal Year (after excluding Public Property and Property Owner Association Property as set forth in Section E.1 herein), after the proposed prepayment, is at least equal to the s um of (i) 1.10 times the debt service necessary to support the remaining Outstanding Bonds in each corresponding Fiscal Year, and (ii) Administrative Expenses.
I. TERM OF SPECIAL TAX
The Facilities Special Tax shall be levied for a pe riod not to exceed fifty years commencing with Fiscal Year 2026-2027. The Services Special Tax shall be levied in perpetuity to fund the Special Tax Requirement for Services.
708
EXHIBIT A
CERTIFICATE TO AMEND FACILITIES SPECIAL TAX
CFD NO. 117 CERTIFICATE
1. Pursuant to Section C.1 of the Amended Rate and Method of Apportionment (the "Amended Rate and Method") for City of Fontana Community Fac ilities District No. 117 (Southridge) ("CFD No. 117"), the Assigned Facilities Special Ta x and the Backup Facilities Special Tax for Developed Property within CFD No. 117 has been reduced as described herein.
(a) The information in Table 1 of the Amended Rate and Method relating to the Assigned Facilities Special Tax for Residential Property wit hin CFD No. 117 shall be modified as follows:
Land
Use
Class Description
Residential Floor
Area (square feet)
Original
Assigned
Facilities
Special Tax
Reduced
Assigned
Facilities
Special Tax
1 Residential Property 2,175 or greater $3,706 per unit $[_____] per unit 2 Residential Property 2,025 to less than 2,175 $3, 435 per unit $[_____] per unit 3 Residential Property 1,875 to less than 2,025 $3,382 per unit $[_____] per unit 4 Residential Property 1,725 to less than 1,875 $3,184 per unit $[_____] per unit 5 Residential Property Less than 1,725 $3,107 per unit $[_____] per unit
(b) The Assigned Facilities Special Tax for Non-Residential Property, as stated in Section C.1.a.(3) of the Amended Rate and Method, shall be reduced from $42,665 per Acre to $[_____] per Acre.
(c) The Backup Facilities Special Tax for Developed Pro perty, as stated in Section C.1.a.(4) of the Amended Rate and Method, shall be reduced from $50,190 per Acre to $[_____] per Acre.
2. The Assigned Facilities Special Tax and the Backup Facilities Special Tax for Developed Property may only be reduced prior to the first issuance of CFD No. 117 Bonds.
3. Upon execution of the certificate by CFD No. 117, CFD No. 117 shall cause an amended notice of Special Tax lien for CFD No. 117 to be recorded reflecting the reductions set forth herein.
All capitalized terms used herein shall have the me anings set forth in the Amended Rate and Method.
By:___________________________ Date:______________ ________ CFD Administrator
By execution hereof, the undersigned acknowledge, o n behalf of CFD No. 117, receipt of this certificate and modification of the Amended Rate and Method as set forth in this certificate.
CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE)
By:___________________________ Date:______________ _______
709
710
STANDARD TASK ORDER FORM
RVPUB\PKNOX\729481.1 (v8/22)
Consultant:
Date:
Proposal Bid No.:
Task Order #:
Contract No.:
Budget No.:
Task / Project Name:
Description of Services:
Estimated Start Date:
Estimated End Date
Dollar Amount of Task Order: Not to exceed $
Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit(s)
Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC Westgate Street Improvements (RAISE)
PL-25-28-SQ
53,370.00
37600042-630-A-8118
05/27/2026
6/1/26
N/A
Ultrasystems Environmental, Inc
Burrowing Owl field survey, report, and application for CDFW permit 12/31/27
37600042-245-A-8118
1 105711
The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number:
RVPUB\PKNOX\729481.1 (v8/22)
CITY OF FONTANA
By:
City Manager
(Required if Over $50,000)
By:
By:
Deputy City Manager
Attest: 1
By:
By:
Department of Engineering
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
Finance
Purchasing Office
1 Attestation of Consultant’s signature must be obtained when required by the by -laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC Ultrasystems Environmental, Inc
PL-25-28-SQ
106712
Corporate Office – Orange County Telephone: 949.788.4900 16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
May 18, 2026
Project No: 7170B, Proposal #01(Revised)
Jeffrey Kim, Engineering Manager VIA EMAIL
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Subject: Proposal #01 for Focused Burrowing Owl Surveys (Breeding Season 2026) and Habitat Quality Analysis in support of the CDFW ITP Amendment for the Cherry/Victoria Infrastructure Project, Fontana, California
Dear Jeffrey:
UltraSystems Environmental Inc. (UltraSystems) is pleased to provide our proposal and cost estimate (Proposal #01 Revised) for add -on work relating to focused burrowing owl (BUOW) (Breeding Season, 2026) surveys and habitat quality assessment , requested by the California Department of Fish and Wildlife (CDFW), associated with the Incidental Take Permit (ITP) Amendment application that is underway, and other project management for the Cherry Avenue and Victoria Street Complete Streets Infrastructure Project (Infrastructure Project), in Fontana, California.
BACKGROUND
In response to ongoing ITP consultation meetings with CDFW, additional focused BUOW surveys are necessary to maintain current survey data for the 2026 breeding season and to obtain an up-to-date census of onsite BUOW activity. UltraSystems biologists conducted multiple rounds of non-breeding and breeding season surveys since 2022, and recent survey data is needed as part of this ITP process.
This Proposal #01 provides for four focused breeding season BUOW surveys, beginning in May 2026, in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation (Staff Report; CDFG, 2012), and with direction received from CDFW during the Infrastructure Project’s ITP amendment consultation process.
As some of the mitigation requirements of the Infrastructure Project’s ITP ( 2081-2025-064-06) would place a strain on the City of Fontana (City) to meet those requirements , the City and Intex consulted with CDFW to explore pathway s to reduce the financial cost associated with meeting mitigation requirements within the Infrastructure Project’s ITP. The CDFW suggested that the City submit an ITP amendment that would propose reduced project areas (e.g., staging areas) overlapping with quality BUOW habitat and re-evaluate the acreage of quality BUOW habitat within the project site. UltraSystems, the City, and Intex have initiated the consultation and coordination with CDFW to develop the Infrastructure Project’s ITP Amendment such that mitigation requirements may be reduced.
SCOPE OF WORK
The scope of work for this Proposal #01, is provided below.
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 107713
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026
TASK 1: BURROWING OWL SURVEYS AND REPORT S
Task 1 a: Breeding Season (15 February to 15 July) Burrowing Owl Surveys . UltraSystems’ biologists will conduct these surveys in accordance with the guidelines set forth by CDFW in the Staff Report. Surveys will be conducted by biologists who are familiar with BUOW habitat, natural history, ecology, behavior, and field identification of the species and BUOW sign.
Four BUOW surveys will be conducted during the BUOW breeding season because BUOWs are more detectable during that season. The first BUOW survey will be conducted in Ap ril 2026. Three additional surveys will be conducted at least three weeks apart between April 15 and July 15, 2026, with at least one survey occurring after June 15, 2026. The proposed survey schedule will entail four surveys starting as soon as possible, each scheduled at least three weeks apart, when feasible . All surveys will be conducted within the project boundary and a 165-foot buffer around the project site.
These survey results will be reported to the wildlife agencies to support and advance the ITP process.
Task 1 b: Burrow Survey Mapping. To meet CDFW’s ITP requirement for a burrow map, UltraSystems’ biologists will gather 2026 data on BUOW burrow distribution within the project site.
They will survey and document the locations of potential burrows (i.e., natural, and man-made that are suitable for BUOW occupancy), BUOW sightings, occupied burrows (i.e., burrows with BUOW or BUOW sign), satellite burrows, burrow complexes (i.e., areas of concentrated burrows), and BUOW sign. The locations will be documented us ing Global Positioning System (GPS) and will be collected in NAD83 datum in compliance with CDFW requirements. within the project site. The map shall include an outline of the project boundary, including the staging areas. The map shall be at a scale of 1:24,000 or finer to show details.
Deliverables
• One KMZ map and an electronic copy of the 2026 burrow survey map to the Client and CDFW.
Task 1c: Burrowing Owl Habitat Quality Analysis. UltraSystems’ biologists will develop and use a rubric for determining distinct levels of habitat quality. The highest level of BUOW habitat will be based on occupied BUOW habitat where BUOW or BUOW sign is observed during the 2026 focused or pre-construction BUOW surveys. For example, this highest level of BUOW habitat may include the area where occupied burrows are observed, including a buffer around that area to account for BUOWs in these areas using satellite burrows in the surrounding areas. Accordingly, the next highest level of BUOW habitat may be based on areas of high density of ground squirrel burrows where vegetation height is low and foraging and nesting conditions are optimal. Other levels of BUOW habitat may be rated on a descending level from optimal to marginal BUOW habitat. Areas containing soils that are highly compacted or paved, where BUOW are not expected to establish, such as paved, gravel-lined, or otherwise highly compacted soils, will not be considered BUOW habitat. Based on the habitat quality analysis, UltraSystems will provide CDFW with a KMZ and pdf map of the BUOW habitat map that shows the different tiers of BUOW habitat quality.
Deliverables
• One KMZ map and an electronic copy (pdf) of the BUOW habitat map, showing the tiered BUOW habitat quality levels, to the Client and CDFW.
Task 1d: Draft Burrowing Owl Survey Report. Following completion of the focused BUOW surveys by biologists, UltraSystems will finalize the existing focused BUOW survey report in accordance with Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 108714
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026
the guidelines described in the Staff Report. The report will : (1) summarize information regarding the BUOW’s natural history; (2) assess the habitat of the survey area and its suitability for the BUOW; (3) Record the location of suitable burrow s (natural and man -made) within the project site and a 165-foot buffer surrounding the project site. This data will be used to generate a burrow map as required within the Preview ITP that CDFW presented during the meeting on April 10, 2026 ; (4) describe the number, behavior, and location of any BUOWs detected during the surveys or assess the potential presence of BUOWs onsite ; (5) analyze the potential impacts to the BUOW from project development; and ( 6) recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential impacts to BUOWs.
The report will include: (1) methods and results of the literature review and field surveys; (2) one figure depicting the location of burrow s or burrow complex es within the project site and survey buffer, (3) figures depicting the location of BUOWs within the project site and survey buffer; and (4) site photographs.
Task 1e: Final Burrowing Owl Survey Report. The UltraSystems biological management team will conduct an internal review (QA/QC) of the BUOW survey report and submit to the Client. The draft with Client comments will go through a final series of responses to comments (RTC), revisions, and final formatting before a final electronic copy is submitted to the Client and CDFW. This task includes routine project management activities as needed. To support interactions between UltraSystems and Intex and/or the City, convey data and information, and to address and resolve outstanding issues as they arise throughout this work effort, one (1) progress meeting via Teams or Zoom has been budgeted. To the extent feasible, meeting schedules will correspond with draft deliverables or related milestone events and will be preceded by the delivery of draft documents to the Client for their review, prior to the meeting date.
UltraSystems will be available throughout the term of this work effort to respond to any requests for input concerning various aspects of these surveys. Additional meetings beyond the number indicated would be compensated for in accordance with the terms and conditions contained in our Standard Rate Schedule.
Deliverables
• One electronic copy each of the draft/final focused BUOW survey report to the Client and CDFW.
TASK 2: PROJECT MANAGEMENT AND COORDINATION
UltraSystems management staff have conducted actions in support of successful implementation of agency and permitting mitigation requirements including participation in a Preview ITP meeting with CDFW to review a preliminary draft of the ITP, research and meetings with landowners and land managers regarding potential habitat mitigation lands and BUOW receiver sites, discussions with biologists authorized to trap and relocate BUOWs, and other research and coordination.
To ensure continued effective communication between UltraSystems, CDFW, Intex and/or the City, two (2) coordination meetings via Teams or Zoom have been budgeted. To the extent feasible, meeting schedules will correspond with draft deliverables or related milestone events and will be preceded by the delivery of draft documents to the Client and CDFW for their review, prior to the meeting date.
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 109715
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026
UltraSystems will be available throughout the term of this work effort to respond to any requests for input concerning various aspects of these surveys. Additional meetings beyond the number indicated would be compensated for in accordance with the terms and conditions contained in our Standard Rate Schedule.
ASSUMPTIONS
• Our biologists will conduct surveys within the project site and within a zone 150 feet out from the project limits; defined the Biological Study Area (BSA). Surveys will be conducted in accessible portions of the BSA that contain BUOW suitable habitat (nesting, foraging, wintering, and dispersal habitat). Inaccessible areas and areas of private land will be surveyed with binoculars/scopes only. Surveys will not extend beyond the BSA. • During the BUOW surveys, biologists will walk straight-line belt transects spaced no more than 20 meters apart to allow approximately 100 percent visual coverage of the survey area and examine entrances of potential burrows and suitable man-made structures for BUOWs and signs of BUOWs.
• Biologists will identify, record, and map with a global positioning system (GPS) unit BUOWs , occupied BUOW burrows and complexes, and potential BUOW signs during BUOW surveys.
Detailed notes and wildlife species encountered during the surveys will be recorded in field notes.
• If field work is interrupted by weather or other circumstances beyond control, additional survey dates and travel costs may be incurred. The estimated costs provided in this proposal reflect a standard project without delays. The Client agrees to fulfill d ata needs requests in a timely fashion.
• Changes in the project description, project boundary, and project footprint (design) could trigger additional analyses, calculations, resubmittals and/or revisions to the report and/or figures. These additional actions will be billed on a time and material s basis, or a change order/proposal will be required.
• If BUOWs or signs of BUOWs are observed during the surveys, the site will be considered occupied and the BUOWs may need to be relocated by an authorized biologist. UltraSystems will contact CDFW to assist in the development of avoidance, minimization, and mitigation measures, prior to commencing project activities. CDFW may request an additional Relocation and Exclusion plan, however, this report assumed that the BUOW ITP will be sufficient to serve to meet the relocation and exclusion requirements as well. If additional plans are required, a change order/proposal may be necessary.
• CDFW requires that special status species identified onsite or in the BSA must be reported to the California Natural Diversity Database (CNDDB) for informational and permitting purposes. • This proposal does not cover the following reporting and surveys that CDFW has indicated it may require as part of the final ITP: BUOW Mortality Reduction/Exclusion Plan , Burrow Excavation, Translocation Plan , other activities associated with monitoring, trapping, and translocating BUOWs.
• This proposal does not include pre-construction surveys for any species prior to construction. • This proposal does not include preparation of an ITP Amendment.
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 110716
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026
This proposal represents UltraSystems’ understanding of the proposed project and ITP survey needs at this time. Changes to the project design or scope will require a renegotiation of the approved scope of work. Similarly, additional out -of-scope requests m ade by the client or resource agencies will require a change order and/or will be billed on a time & materials basis.
COSTS
Costs will be on a fixed fee percent complete, not to exceed basis. Table 1, Cost by Task, specifies our proposed cost for the above scope of work.
TABLE 1
Cost by Task
Tasks Description Cost
1 Burrowing Owl (BUOW) Surveys and Report
1a Burrowing Owl (BUOW) Surveys $26,670
1b Burrow Survey and Burrow Map $6,200
1c BUOW Habitat Quality Analysis and Mapping $3,830
1d Draft BUOW Survey Report $5,470
1e Final BUOW Survey Report $2,150
SUBTOTAL – TASK 1 (not-to-exceed) $44,320
2 Project Management and Coordination
2 Project Management and Coordination $9,050
SUBTOTAL – TASK 5 (not-to-exceed) $9,050
TOTAL – TASKS 1 – 5 (not-to-exceed) $53,370
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 111717
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026
ULTRASYSTEMS’ PROJECT MANAGER FOR THIS CONTRACT
Please call Michelle Tollett, Senior Biologist and Group Manager of Biological Resources, at (949) 788-4900, Ext. 240 or email her at [email protected] if you have any questions. These services will be billed on a percent-complete basis, based on a fixed fee basis.
SIGNATURE
I agree to the scope of work, schedule and costs prepared by UltraSystems Environmental.
UltraSystems Environmental, Inc. City of Fontana
Company Company
Betsy Lindsay Jeffrey Kim
Print Name Print Name
Title: President/CEO
Title: Engineering Manager
Signature Signature
May 18, 2026
Date Date
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 112718
CITY OF FONTANA
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1. Source Selection - Competition is impracticable (Check appropriate box):
UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. (Explain below. Include all contacts made to verify the sole source or single source situation.) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchased under a cooperative purchasing agreement. (Explain below).
SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. The product or service required was awarded a bid by another public agency that has purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.
EMERGENCY. This product or service required is due to an emergency, determined by the City Manager, which could not have been anticipated and critical need precludes any form of competition. (Purchases more than $100,000 must be presented at the next regular City Council Meeting for ratification by the City Council. Please attach supporting documentation and approval from City Manager).
OTHER REASON(S). (Explain below).
Detail information to support above justification(s):
4 Applies to purchases under a Federal Grant equal to or more than $25,000 5 Applies to purchases under a Federal Grant equal to or more than $100,000 6 Applies to equipment purchases under a Federal Grant equal to or more than $5,000 Jeff Kim
5/19/26
$ 53,370.00
Ultrasystems Environmental, Inc
✔
✔
245/630
37600042
✔
Environmental Services
The Westgate Complete Street Project began as a Public-Private Partnership in which the private developer, Intex, was responsible for providing engineering design and environmental services, after which the City would assume responsibility for construction. Intex originally retained Ultrasystems Environmental Inc. to perform environmental services for the project, including NEPA/CEQA support, permit and mitigation assistance. All required regulatory permits now have been successfully issued by the applicable agencies, and Ultrasystems’ original permitting-related tasks have been completed. As the City transitions into post-permit activities, the primary scope of work under this proposed task order is to continue coordination with the CDFW for the permit amendment. To maintain project continuity, retaining Ultrasystems as the environmental consultant is the most practical and efficient approach.
Procuring a new consultant at this stage would require additional time for onboarding and project familiarization, likely resulting in several months of schedule delay and potentially jeopardizing the federal funding awarded to the City. Therefore, it is in the City’s best interest to retain Ultrasystems as the project’s environmental consultant through completion of the project.
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 113719
2. Price/Cost Analysis (ONLY APPLICABLE TO PURCHASES/CONTRACTS THAT EXCEED $100,000):
The action taken in verifying price reasonableness is indicated below. Identify the method(s) listed below used to verify price reasonableness. Check one or more paragraphs below as applicable.
Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
Supplier Contact: Date of Schedule:
Previous purchase.
Supplier: Unit Price:
PO No.: PO Date:
Similar item in related industry.
Price Source: Unit Price:
Supplier: Date:
Any other Reasonable basis:
3. Small Business’ Solicited (Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.
Applicable Businesses’ referenced above were solicited.
No Applicable Businesses referenced above were solicited because Required Signatures:
---------------------Attach additional sheets as needed---------------------- Requestor Name (Print) Requestor Signature Date
Department Director Name (Print) Department Director Signature Date Jeff Kim
05/19/2026
Gia Kim
05/19/2026
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 114720
Certificate Of Completion
Envelope Id: 2230E487-6F8D-4BBD-8001-F25695C1E9CC
Status: Completed
Subject: Task Order Over $50,000
Source Envelope:
Document Pages: 10
Signatures: 6
Envelope Originator:
Certificate Pages: 5
Initials: 1
Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Record Tracking
Status: Original
5/27/2026 | 09:02 AM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Jeff Kim
[email protected]
Ultrasystems Environmental, Inc
Security Level:
DocuSign.email
ID: 1
5/27/2026 | 09:02 AM
Completed
Using IP Address: 192.146.186.96
Sent: 5/27/2026 | 09:02 AM
Viewed: 5/27/2026 | 09:02 AM
Signed: 5/27/2026 | 09:05 AM
Electronic Record and Signature Disclosure:
Accepted: 5/27/2026 | 07:34 AM
ID: 28faf378-c73c-4c07-8550-c370a8048509
Purchasing Office
[email protected]
www.fontanapurchasing.org
OPR Communications
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 192.146.186.99
Sent: 5/27/2026 | 09:05 AM
Viewed: 5/27/2026 | 03:10 PM
Signed: 5/27/2026 | 03:10 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Betsy A. Lindsay
[email protected]
President/CEO
UltraSystems Environmental
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.211.238.58
Signed using mobile
Sent: 5/27/2026 | 03:11 PM
Viewed: 5/27/2026 | 07:22 PM
Signed: 5/27/2026 | 07:23 PM
Electronic Record and Signature Disclosure:
Accepted: 5/27/2026 | 07:22 PM
ID: e5b5497b-281c-4ac7-95b3-f77a5094f8fc
Jeff Kim
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
2600:1012:b35e:36df:544a:a1e9:a7f6:b101
Signed using mobile
Sent: 5/27/2026 | 07:23 PM
Viewed: 5/27/2026 | 07:42 PM
Signed: 5/27/2026 | 07:42 PM
Electronic Record and Signature Disclosure:
Accepted: 5/27/2026 | 07:42 PM
ID: 40bb76a7-c49d-4d57-877c-d70bec3414a5
115721
Signer Events
Signature
Timestamp
Gia Kim
[email protected]
Public Works Director/City Engineer
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Sent: 5/27/2026 | 07:42 PM
Viewed: 5/28/2026 | 07:06 AM
Signed: 5/28/2026 | 07:07 AM
Electronic Record and Signature Disclosure:
Accepted: 5/28/2026 | 07:06 AM
ID: 2adcdb71-4b2f-4e8c-915c-1a2156288d99
Phillip Burum
[email protected]
Deputy City Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Sent: 5/28/2026 | 07:07 AM
Viewed: 6/1/2026 | 08:35 AM
Signed: 6/1/2026 | 08:35 AM
Electronic Record and Signature Disclosure:
Accepted: 6/1/2026 | 08:35 AM
ID: 5853f12c-2f91-459d-aae4-ba9d420567de
Sid Lambert
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 6/1/2026 | 08:35 AM
Viewed: 6/1/2026 | 08:36 AM
Signed: 6/1/2026 | 08:36 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jessica Brown
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 6/1/2026 | 08:37 AM
Viewed: 6/3/2026 | 08:51 AM
Signed: 6/3/2026 | 08:52 AM
Electronic Record and Signature Disclosure:
Accepted: 6/3/2026 | 08:51 AM
ID: 111f39ad-fa8f-4a72-ba67-5b76ba052bb2
Matthew C. Ballantyne
[email protected]
City Manager
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 6/3/2026 | 08:52 AM
Viewed: 6/4/2026 | 07:31 AM
Signed: 6/4/2026 | 07:32 AM
Electronic Record and Signature Disclosure:
Accepted: 6/4/2026 | 07:31 AM
ID: e5562803-3df9-45a2-9306-2650d80986f6
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
116722
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
City Clerk's Office
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/4/2026 | 07:32 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cybele Collins
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/4/2026 | 07:32 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
5/27/2026 | 09:02 AM
Certified Delivered
Security Checked
6/4/2026 | 07:31 AM
Signing Complete
Security Checked
6/4/2026 | 07:32 AM
Completed
Security Checked
6/4/2026 | 07:32 AM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
117723
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us.
You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Fontana:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To advise City of Fontana of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
Electronic Record and Signature Disclosure created on: 5/15/2026 | 08:45 AM Parties agreed to: Jeff Kim, Betsy A. Lindsay, Jeff Kim, Gia Kim, Phillip Burum, Jessica Brown, Matthew C. Ballantyne 118724
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Fontana
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Fontana
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Fontana as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fontana during the course of your relationship with City of Fontana. 119725