Agenda packet — Ontario City Council, June 3, 2025 (part 1 of 5)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JUNE
3, 2025
City Hall
303 East B Street, Ontario, CA 91764

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

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

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

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

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

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

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

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

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

ACCOMMODATIONS

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

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
5:30 p.m.
, Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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

CLOSED SESSION PUBLIC COMMENT

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

CLOSED SESSION
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0216-174-06, 0216-174-07, 0216-174-08, 0216-174-15, 0218-121-04, 0218-121-05, 0218-122-04, 0218-122-10, 0218-131-04; 8775 East Riverside Drive, 0 South Vineyard Avenue, 8919 East Chino Avenue, 8931 East Chino Avenue, 9141 East Chino Avenue, 0 East Chino Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: B and G Hay Company, Bekendam Family Trust, Link Real Estate, Inc, American Superior Land, LLC, Bidart Family Trust, Ronald and Kristine Peitersma Family Trust, San Bernardino County Flood Control District; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-564-06, 1048-564-05, 1048-564-04, 1048-564-03, 121-143 North Euclid Avenue.

City/Authority negotiator: City City Manager or his designee. Negotiating party: LAB-CO, LLC. Under negotiation: Price and Terms.

GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

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

ATTACHMENT:

20250603 Closed Session
Robles, et al. v. City of Ontario et al
., Case No. CIVDS2007038

PLEDGE OF ALLEGIANCE
Council Member Macias

INVOCATION
Pastor Richard Hernandez, The Church of God

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

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

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

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

AGENDA REVIEW/ANNOUNCEMENTS

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

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

CONSENT CALENDAR

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20250506 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. A CONSTRUCTION CONTRACT WITH OUTSOURCE UTILITY CONTRACTOR, LLC FOR THE FISCAL YEAR 2024-25 CDBG AND CIP STREET LIGHT INSTALLATION PROJECT

ATTACHMENT:

Exhibit A & B.pdf

ATTACHMENT:

Outsource_Utility_Contractor__LLC_Contract rev.pdf

4. A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

ATTACHMENT:

20250603 Road Maintenance and Rehabilitation Account
01^RESO^RM.doc

ATTACHMENT:

Exhibit A-Road Maintenance and Rehabilitation Account.pdf

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

Minutes for the regular meetings of the City Council and Housing Authority of May 6, 2025, and approving same as on file in the Records Management Department.

Bills May 2, 2025 through May 15, 2025, and Payroll April 20, 2025 through May 3, 2025.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Construction Contract with Outsource Utility Contractor, LLC, of Torrance, California, for the Fiscal Year 2024-25 CDBG and CIP Street Light Installation Project in the amount of $344,900 plus a 10% contingency of $34,490 for a total not-to-exceed contract amount of $379,390; and B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but are not limited to, agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

That the City Council adopt a Resolution approving the Fiscal Year 2025-26 Project List for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

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

5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20659 GENERALLY LOCATED ON WEST FIFTH STREET BETWEEN

BENSON AVENUE AND MOUNTAIN AVENUE

ATTACHMENT:

20250603 TM-20659^01 EXH A.pdf

ATTACHMENT:

20250603 TM-20659 02^RESO^RM.docx

ATTACHMENT:

20250603 TM-20659^03 SIA.pdf

6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 75 (SPRINGHILL)

ATTACHMENT:

CFD No. 75 Springhill Ordinance Lvy Tax 01^ORD^RM

7. AN AMENDMENT TO THE INLAND VALLEY HUMANE SOCIETY & SPCA CONTRACT AND

APPROVAL TO ADMIT THE CITY OF CHINO HILLS AS A MEMBER AGENCY IN THE ANIMAL

RESOURCE CENTER OF THE INLAND EMPIRE

ATTACHMENT:

Agenda Attachments for Admission of Chino Hills to ARC of IE JPA Agreement.pdf

ATTACHMENT:

ARC-011 Adding The City of Chino Hills as a Member of the Agency.pdf

ATTACHMENT:

Ontario IVHS Amendment #1 6.3.25.pdf

8. ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A

RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security, and Final Tract Map No. 20659, generally located on West Fifth Street between Benson Avenue and Mountain Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20659

GENERALLY LOCATED ON WEST FIFTH STREET BETWEEN BENSON AVENUE AND MOUNTAIN AVENUE.

That the City Council adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 75 (Springhill).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 75 (SPRINGHILL).

That the City Council take the following actions:

A
.

Authorize the City Manager, or designee, to execute Amendment No.1 to the Inland Valley Humane Society & SPCA contract; and
B
.

Approve the admission of the City of Chino Hills to the Animal Resource Center of the Inland Empire.

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

ATTACHMENT:

CFD No. 74 Remington APG LLC Resolution of Intention
01^RESO^RM.doc

ATTACHMENT:

CFD No. 74 Remington APG LLC^01A EXH A, Boundary Map_ Back- Up.pdf

ATTACHMENT:

CFD No. 74 Remington APG LLC^01B EXH C, RMA_Back-Up.pdf

9. A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR

THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CITY'S

CORPORATE YARD

ATTACHMENT:

Kimley-Horn -
Professional Services Agreement - City Yard.docx

ATTACHMENT:

PSA Exhibit A - Ontario PW Corporate Yard EIR - CEQA Proposal_revised

5.2.25.pdf

ATTACHMENT:

PSA Exhibit B - Ontario PW Corporate Yard EIR - Schedule.pdf

ATTACHMENT:

PSA Exhibit C - Ontario PW Corporate Yard EIR - Fee Estimate.pdf

10. AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RONALD IVIE FOR

BROADBAND STRATEGY, DEVELOPMENT, AND OPERATIONS SUPPORT CONSULTING

SERVICES

ATTACHMENT:

AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

CITY FIBER OPTICS NETWORK
That the City Council consider and:

A
.

Accept a written petition (on ﬁle with the Records Management Department) from Remington

APG LLC
("Landowners"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
B
.

Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 74 (Remington APG LLC), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, July 15, 2025.

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

TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.

That the City Council authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., of Riverside, in the amount of $411,200, plus a 10% contingency of $41,120, for a total authorized expenditure of $452,320 to prepare an Environmental Impact Report (EIR) for the proposed City's Corporate Yard at 2200 E.

Philadelphia Street.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Ronald Ivie to increase the authorized contract amount by $180,000, for a revised total not-to-exceed amount of $1,260,000.

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

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

ATTACHMENT:

SLS Property Solutons - Change Order 2.pdf

12. A PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE

PLANNING AND ENVIRONMENTAL CONSULTING SERVICES FOR A GENERAL PLAN

AMENDMENT (TECHNICAL AMENDMENT) TO THE ONTARIO PLAN

ATTACHMENT:

Placeworks Professional Services Agreement - Technical
Amendment.docx

ATTACHMENT:

PSA Exhibit A - Ontario_TechnicalGPU_Proposal_20250502.pdf

ATTACHMENT:

PSA Exhibit B - Ontario_TechnicalGPU_Schedule_20250502.pdf

ATTACHMENT:

PSA Exhibit C - Ontario_TechnicalGPU_Budget_20250502.pdf

13. A PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE

PLANNING AND ENVIRONMENTAL CONSULTING SERVICES FOR A GENERAL PLAN

AMENDMENT (POLICY PLAN AMENDMENT) TO THE ONTARIO PLAN

ATTACHMENT:

Placeworks Professional Services Agreement - Policy Plan Amendment.docx

ATTACHMENT:

PSA Exhibit A - OntarioGPA_Proposal_20250502.pdf

ATTACHMENT:

PSA Exhibit B - OntarioGPA_Schedule_20250502.pdf

ATTACHMENT:

PSA Exhibit C - OntarioGPA_Budget_20250502.pdf

14. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CAL BUILDING SYSTEMS, INC. FOR SPRINKLER AND HOOD SUPPRESSION MAINTENANCE AND REPAIR

SERVICES
That the City Council authorize Change Order #2 to the construction agreement with SLS Property Solutions Inc. of Santa Ana, CA for emergency board ups and abatements, extending the term of the agreement by one (1) additional year and increasing the total not-to-exceed amount to $550,000 for the term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within authorization limits.

That the City Council authorize the City Manager to execute a Professional Services Agreement with PlaceWorks, Inc., of Santa Ana, in the amount of $183,740, plus an 8% contingency of $14,699, for a total authorized expenditure of $198,439 to prepare a technical amendment to The Ontario Plan Policy Plan (General Plan) and an Addendum to The Ontario Plan (2050) Supplemental Environmental Impact Report (SEIR) to streamline future development and comply with legislative mandates.

That the City Council authorize the City Manager to execute a Professional Services Agreement with PlaceWorks, Inc., of Santa Ana, in the amount of $1,083,809, plus a 10% contingency of $108,381, for a total authorized expenditure of $1,192,190 to prepare an amendment to The Ontario Plan Policy Plan (General Plan) and a Supplemental Environmental Impact Report (EIR) to streamline future development and comply with legislative mandates.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 3 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

Cal Building Systems Inc. Amendment No. 3.pdf

15. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR AMERICANS WITH

DISABILITIES ACT (ADA) CONCRETE RAMP CONSTRUCTION SERVICES

ATTACHMENT:

CT&T Concrete Paving Inc. - Construction Contract - ADA Concrete Ramps SM 2526-7.pdf

16. A MAINTENANCE SERVICES AGREEMENT WITH TOWO ENTERPRISE, INC. FOR CITYWIDE

CONCRETE REPAIR AND MAINTENANCE SERVICES

ATTACHMENT:

Towo Enterprise Inc. - MSA Concrete Repairs and Maintenance SM2526-1 5.14.pdf

17. AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAN/AM TECHNOLOGIES, INC. FOR CASHIERING SERVICES-ARC CHAMELEON TELLER INTEGRATION

ATTACHMENT:

CAN-AM Amendment 2 Final.pdf

18. A CONSTRUCTION CONTRACT WITH PAVEMENT RECYCLING SYSTEMS FOR CITYWIDE

ASPHALT GRINDING SERVICES

ATTACHMENT:

Pavement Recycling Systems, Inc. - Construction Contract - Asphalt Grinding Services.pdf
to the Maintenance Services Agreement with Cal Building Systems, Inc., of Yorba Linda, California, for sprinkler and hood suppression maintenance and repair services in the amount of $40,000. This amendment increases the contract amount from $236,221 to $276,221 and raises the total authorized not-to-exceed amount from $266,221 to $306,221.

That the City Council authorize the City Manager, or his designee, to execute a one year Construction Contract with CT&T Concrete Paving, Inc., of Diamond Bar, California, for Americans with Disabilities Act (ADA) concrete ramp construction services for a total not-to- exceed contract amount of $175,000.

That the City Council authorize the City Manager, or his designee, to execute a Maintenance Services Agreement with Towo Enterprise, Inc., of Fullerton, California, for citywide concrete repair and maintenance services. The agreement shall have an initial term of three (3) years, with a total amount not-to-exceed $4,065,000, and may include up to two (2) additional one- year extensions, for a total contract amount not-to-exceed $6,775,000 over a maximum term of five (5) years.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Can/Am Technologies, Inc., to provide enterprise
cashiering software, licensing, and support services for the integration of the Animal Resource Center of the Inland Empire (ARC) Chameleon Teller system in the amount of $23,530 increasing the
not-to-exceed contract amount to $570,680 and extend the agreement term by one year.

That the City Council authorize the City Manager, or his designee, to execute a Construction Contract with Pavement Recycling Systems, of Jurupa Valley, California, for citywide asphalt grinding services for a total contract amount not-to-exceed $1,233,000 for five (5) years.

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

19. A MAINTENANCE SERVICES AGREEMENT WITH SAFE USA, INC. FOR CITYWIDE CRACK

SEALING SERVICES

ATTACHMENT:

Safe USA Inc. - MSA - Crack Sealing Services SM 2526-3 5.23.pdf

20. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS WITH STOEL RIVES LLP FOR

LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER MATTERS

ATTACHMENT:

20250603 PSA with Stoel Rives Amendment No. 3^01 AGMT.pdf

21. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-006)

BETWEEN THE CITY OF ONTARIO, LEGACY LAND PARTNERS, LLC, JAB MILL CREEK, LLC, AND RICHLAND ONTARIO DEVELOPERS, LLC.

ATTACHMENT:

File No. PDA23-006_Richland Ontario Developers LLC^01 EXH A&B.pdf

ATTACHMENT:

File No. PDA23-006 Richland Ontario Developers LLC 02^ORD^RM

ATTACHMENT:

File No. PDA23-006_Richland Ontario Developers
LLC^03^DEV^AGR.docx

22. AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL

SERVICES TO EVALUATE THE FEASIBILITY OF WASTEWATER AND RECYCLED WATER SERVICE

ALTERNATIVES
That the City Council authorize the City Manager, or their designee, to execute a Maintenance Services Agreement with Safe USA, Inc., of Ontario, California, for citywide crack sealing services. The agreement shall have an initial term of three (3) years, with a total amount not- to-exceed $396,000, and may include up to two (2) additional one-year extensions, for a total contract amount not-to-exceed $681,000 over a maximum term of five (5) years.

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Stoel Rives LLP of Sacramento, California, for legal and technical services relating to water supply and water rights in the amount of $120,000 for a total not-to-exceed amount of $834,000, and to extend the term until June 30, 2027.

That the City Council adopt an Ordinance Approving a Development Agreement (File No.

PDA23-006) between the City of Ontario, Legacy Land Partners, LLC, JAB Mill Creek, LLC, and Richland Ontario Developers, LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA23-006, A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF ONTARIO AND LEGACY LAND PARTNERS, LLC, JAB MILL CREEK, LLC,

AND RICHLAND ONTARIO DEVELOPERS, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20685 (FILE NO. PMTT23-004), LOCATED AT THE

NORTHWEST CORNER OF ONTARIO RANCH ROAD AND MILL CREEK AVENUE WITHIN PLANNING AREAS 3C, 5A AND 5C (LIGHT INDUSTRIAL DISTRICT AND OPEN SPACE – NON

RECREATION) OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 218-016-22 AND 218-211-42
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

23. AUTHORIZE THE RENEWAL OF THE CITY'S ENTERPRISE RESOURCE PLANNING SOFTWARE, WORKDAY, INC.

ATTACHMENT:

Workday 10 Year Renewal 2025.pdf

24. A RESOLUTION APPROVING PURSUANT TO CEQA FINDINGS AS TO THE CERTIFIED FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN CIVIC CENTER PLANNED UNIT DEVELOPMENT (SCH NO. 2004051155) AS PREVIOUSLY AMENDED, A DISPOSITION AND

DEVELOPMENT AGREEMENT AND LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO

AND A BLOCK, LLC FOR THE ADAPTIVE REUSE OF HISTORIC PROPERTY AND NEW DEVELOPMENT LOCATED AT THE 100 BLOCK OF NORTH EUCLID AVENUE; ACCEPTING THE ECONOMIC OPPORTUNITY STATUTE (GOVT CODE SECTION 52220 ET. SEQ) REPORT AND

MAKING RELATED FINDINGS AUTHORIZING THE SALE OF THE PROPERTIES That the City Council authorize the City Manager, or designee, to issue a Request for Qualiﬁcations (RFQ) to solicit proposals from qualiﬁed ﬁrms to evaluate the feasibility of wastewater and recycled water service alternatives.

That the City Council authorize the City Manager, or his designee, to execute the renewal to the Master Subscription Agreement (MSA) with Workday, Inc. of Pleasanton, CA, for licensing and maintenance, for a total amount of $12,931,493. Additionally, authorize a 15% contingency
amount of $1,939,724 to accommodate annual renewals for two testing and development environments, as well as any unforeseen modules. The
total authorization for this agreement
amounts to $14,871,217 over a ten-year term.

PUBLIC HEARINGS

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

A
.

That the City Council adopt a Resolution approving the Disposition and Development Agreement ("DDA") between the City of Ontario ("City") and A Block, LLC ("Developer"); approving a Construction Loan Agreement (“Loan Agreement”) between the City of Ontario ("Lender") and A Block, LLC ("Borrower"); approving, as amended, the certiﬁed Downtown Civic Center Planned Unit Development Environmental Impact Report (SCH No. 2004051155) findings; and
B
.

Authorize the City Manager, or his designee, to sign all documents necessary to implement the Disposition and Development Agreement and Loan Agreement.

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

PURSUANT TO CEQA FINDINGS AS TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN CIVIC CENTER PLANNED UNIT DEVELOPMENT (SCH NO. 2004051155)

AS PREVIOUSLY AMENDED, THE DISPOSITION AND DEVELOPMENT AGREEMENT AND LOAN CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

100 Block N Euclid Exhibit A to Staff Report^01.pdf

ATTACHMENT:

100 Block N Euclid DDA Loan 02^RESO^RM

ATTACHMENT:

100 Block N Euclid DDA^03^RESO^EXH A

ATTACHMENT:

100 Block N Euclid DDA-EO Summary Report^04^RESO^EXH B

ATTACHMENT:

100 Block N Euclid-Secured Promissory Note^06

ATTACHMENT:

100 Block N Euclid DDA-Construction Loan Agreement^05 (003).doc

AGREEMENT BETWEEN THE CITY OF ONTARIO AND A BLOCK, LLC FOR THE ADAPTIVE REUSE OF HISTORIC PROPERTY AND NEW DEVELOPMENT LOCATED AT THE 100 BLOCK OF NORTH EUCLID AVENUE; ACCEPTING THE ECONOMIC OPPORTUNITY STATUTE (GOVT CODE SECTION 52220 ET. SEQ) REPORT AND MAKING RELATED FINDINGS AUTHORIZING THE SALE OF THE PROPERTIES.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

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

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 3, 2025

ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __

In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0216 -174-06, 0216 -174-07, 0216 -174-08, 0216-174-15, 0218 -121-04, 0218-121-05, 0218 -122-04, 0218 -122-10, 0218 -131-04; 8775 East Riverside Drive, 0 South Vineyard Avenue, 8919 East Chino Avenue, 8931 East Chino Avenue, 9141 East Chino Avenue, 0 East Chino Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: B and G Hay Company, Bekendam Family Trust, Link Real Estate, Inc, American Superior Land, LLC, Bidart Family Trust, Ronald and Kristine Peitersma Family Trust, San Bernardino County Flood Control District; Under negotiation:

Price and terms of payment.

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048 -564-06, 1048-564-05, 1048-564-04, 1048-564-03, 121-143 North Euclid Avenue. City/Authority negotiator: City City Manager or his designee. Negotiating party: LAB-CO, LLC. Under negotiation: Price and Terms.

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

12 2 of 2

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 3, 2025
(Continued)

In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

 GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

Reported by:

___________________________________________
City Attorney / City Manager / Executive Director
13 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
MAY 6, 2025
(Not Official Until Approved)

Official

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, May 6, 2025 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 5:30 p.m.

ROLL CALL

PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner, Jim W. Bowman, Debra Porada, and Daisy Macias

ABSENT: Council/Authority Members: None

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest announced.

CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 5:31 p.m. for discussion of the following:

GC 54956.9 (e)(5), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: One (1) case; Significant exposure to litigation; a copy of the documented threat is available in the office of the City Clerk.

GC 54956.9 (d)(4), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: One (1) case

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

City of Ontario, et al. v. Inland Empire Utilities Agency, Los Angeles Superior Court Case No. 24STCP02321

14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 6, 2025

Page 2 of 10 ends

OPEN MEETING CALLED TO ORDER

Mayor Leon reconvened the meetings at 6:33 p.m. for the regular session.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor pro Tem Wapner.

INVOCATION

Invocation was led by Pastor Richard Hernandez from The Church of God.

REPORT ON CLOSED SESSION

City Attorney Duran announced there was no reportable action.

PUBLIC COMMENT

Assistant City Clerk Isbell announced that there were five written comments:

Mariely Fuentes, regarding biodiversity in the community.

Andrew De La Torre, regarding code enforcement needs.

John Li, regarding code enforcement needs.

Kristyn Bonayon, regarding enforcement of speed limits.

Brad Neumann, regarding personnel matters.

Mayor Leon called upon the first speaker:

Russell Mahdari, spoke regarding businesses operating with expired business licenses.

Kizzee, thanked the City Council and O ntario Police Department for addressing homelessness.

Nathan Cleary, spoke regarding dog breeding.

Tina Silva, spoke regarding land acknowledgment.

Chris Robles, spoke on budget meetings.

Tommy Mushegain, expressed his concerns.

Mariely Fuentes, spoke on a sustainable city.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa noted the need to pull Item No. 21 from the agenda.

CONSENT CALENDAR

Public Comment:

Chris Robles, spoke in opposition to Item No. 20.

Aaron Matthiesen, spoke in support of Item Nos. 18 and 20.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada and carried by a unanimous vote of 5-0, with Council Member Macias recused from Item No. 13.

15 Ontario City Council/Ontario Housing Authority
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1. APPROVAL OF MINUTES

Minutes for the regular meetings of the City Council and Housing Authority of March 19, 2025, and regular meetings of the City Council, Housing Authority and Ontario Public Financing Authority of April 1, 2025, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved bills March 28, 202 5 through April 24 , 202 5, in the amount of $107,064,371.58, and Payroll March 9, 2025 through April 5, 2025 in the amount of $11,390,071.13.

3. A PROFESSIONAL SERVICES AGREEMENT FOR ANNUAL PHYSICAL AND WELLNESS ASSESSMENTS WITH ON DUTY HEALTH, PLLC.

The City Council authorize d the City Manager, or their designee, to execute a Cooperative Agreement with On Duty Health, PLLC. located in Redlands, California, to conduct National Fire Protection Association (NFPA) Compliant Annual Physical and Wellness Assessments, for a term of up to two (2) years with a total not -to- exceed amount of $816,032.

4. A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR THE CITYWIDE COMPREHENSIVE SAFETY ACTION PLAN

The City Council authorize d the City Manager, or his designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., of Orange, California, to provide professional engin eering services for the Citywide Comprehensive Safety Action Plan for a total not -to-exceed contract amount of $442,337.

5. A RESOLUTION OF INTENT TO DESIGNATE PORTIONS OF D STREET, LYNN

HAVEN COURT, NOCTA STREET, AND SULTANA AVENUE AS A

RESIDENTIAL PERMIT PARKING ZONE FOR THE BENEFIT OF ADJACENT

RESIDENCES

The City Council adopted a Resolution declaring the intent to designate portions of D Street, Lynn Haven Court, Nocta Street, and Sultana Aven ue as a residential permit parking zone for the benefit of adjacent residences and to set the date, time, and place for a public hearing to consider the matter.

RESOLUTION NO. 2025 -030 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, P ERTAINING TO DESIGNATING PORTIONS

OF D STREET, LYNN HAVEN COURT, NOCTA STREET, AND SULTANA

AVENUE AS A RESIDENTIAL PERMIT PARKING ZONE AND TO SET THE DATE, 16 Ontario City Council/Ontario Housing Authority
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Page 4 of 10 ends

TIME, AND PLACE FOR A PUBLIC HEARING.

6. A RESOLUTION TO DESIGNATE A PORTION OF LAUREL AVENUE AS A ONE-

WAY STREET AND DIAGONAL PARKING ZONE

The City Council adopted a Resolution to designate a portion of Laurel Avenue as a one-way street and diagonal parking zone.

RESOLUTION NO. 2025 -031 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DESIGNATING PORTIONS OF LAUREL AVENUE AS A ONE-WAY STREET AND DIAGONAL PARKING ZONE.

7. A DEVELOPMENT IMPACT FEE CREDIT AND REIMBURSEMENT AGREEMENT (FILE NO. PDIF23-001) BETWEEN THE CITY OF ONTARIO AND BON VIEW

INDUSTRIAL LLC AND BONVIEW GREEN LLC FOR FACILITY
CONSTRUCTION ASSOCIATED WITH THE DEVELOPMENT PLAN (FILE NO.

PDEV21-030), LOCATED 1932 SOUTH BON VIEW AVENUE, APPROXIMATELY 132 FEET NORTH OF CEDAR STREET, WITHIN THE IG (GENERAL

INDUSTRIAL) ZONING DISTRICT

The City Council approved the Development Impact Fee Credit and Reimbursement Agreement (File No. PDIF23 -001) between the City of Ontario and Bon View Industrial LLC, and Bonview Green LLC, for facility construction associated with the Development Plan (PDEV21 -030), located 1932 South Bon View Avenue, approximately 132 feet North of Cedar Street, within the IG (general industrial) zoning district; and authorized the City Manager to execute the Agreement.

8. A RESOLUTION ADOPTING THE REVISED SALARY SCHEDULES IN COMPLIANCE WITH CALPERS REPORTING REQUIREMENTS.

The City Council adopt ed a Resolution approving the revised salary schedules for January 5, 2020, through January 1, 202 5, in compliance with California Public Employees' Retirement System (CalPERS) requirements.

RESOLUTION NO. 2025 -032 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING THE REVISED SALARY SCHEDULES FOR THE PERIOD OF JANUARY 5, 2020, THROUGH JANUARY 1, 2025.

9. PURCHASE OF PARAMETRIC EARTHQUAKE INSURANCE FROM AUTHORITY FOR CALIFORNIA EXCESS LIABILITY (ACCEL) FOR FISCAL YEAR 2025-26

The City Council authorize d the City Manager, or his designee, to procure Parametric Earthquake Insurance as provided by the Authority for California Excess Liability (ACCEL), the City’s Joint Power Authority (JPA) for Liability and Insurance.

The annual premium for the insurance is $160,916 for Fiscal Year 2025-2026.

17 Ontario City Council/Ontario Housing Authority
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10. A RESOLUTION APPROVING FIRE DEPARTMENT CLASSIFICATIONS BE

ADDED TO THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM

The City Council adopt ed a Resolution approving additional Fire Department classifications to the terms and conditions for Fire Department responses to the California Fire and Rescue Mutual Aid System requests to assist State of California and Federal Fire agencies.

RESOLUTION NO. 2025 -033 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS

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

11. AN AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT WITH SAFE SOFTWARE, INC., FOR THE CITY'S GEOGRAPHIC INFORMATION SYSTEM

INTEGRATION PROCESSES

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 1 to the Software License Agreement with Safe Software, Inc., of Surrey, British Columbia, Canada, for the City’s Geographic Information System (GIS) integration processes, increasing the authori zed contract amount by $190,000, for a total contract not-to-exceed amount of $270,000 and extend the term for five years.

12. AN AMENDMENT TO THE PROFESS IONAL SERVICES AGREEMENT FOR

REMOTE ACCELA SUPPORT WITH TRUEPOINT SOLUTIONS, LLC

The City Council authorize d the City Manager, or his designee, to exe cute Amendment No. 4 to the Professional Services Agreement with TruePoint Solutions, LLC., of Loomis, California, for ongoing service and support for the Accela Civic Platform increasing the authorized contract amount by $300,000 for a total contract not-to-exceed amount of $950,000 and extend the term for three years, with an additional two optional years.

13. A PLANNED UNIT DEVELOPMENT (FILE NO. PUD24 -002) FOR A DEVELOPMENT PLAN TO CONSTRUCT 144 -UNIT MULTIPLE -FAMILY

RESIDENTIAL APARTMENT COMPLEX

The City Council adopted an Ordinance approving a Planned Unit Development, File No. PUD24-002, establishing development standards and guidelines to facilitate the development of a 144 -unit residential apartment project. Introduction and first reading took place at a regular City Council meeting on April 15, 2025.

Council Member Macias recused from this item out of an abundance of caution.

18 Ontario City Council/Ontario Housing Authority
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ORDINANCE NO. 3304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD24 -002, A PLANNED

UNIT DEVELOPMENT TO CREATE DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A DEVELOPMENT PLAN TO CONSTRUCT 144 -UNIT

MULTIPLE-FAMILY RESIDENTIAL APARTMENT COMPLEX ON
APPROXIMATELY 5.73 ACRES OF LAND LOCATED NEAR THE NORTHEAST

CORNER OF EAST HOLT BOULEVARD AND ALLYN AVENUE WITHIN THE MU- 6 (EAST HOLT MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1048-481-06, 1048-481-07, 1048-481-08, 1048-481- 28, 1048-481-29.

14. A RESOLUTION APPROVING THE LEVY OF THE ASSESSMENTS FOR FISCAL YEAR 2025 -26 FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT

DISTRICT

The City Council adopt ed a Resolution for the Downtown Ontario Improvement Association (DOIA) authorizing the levying of the special assessments for Fiscal Year 2025-26.

RESOLUTION NO. 2025 -034 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE LEVY OF THE
ASSESSMENTS FOR FISCAL YEAR 2025-26 FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT.

15. A RESOLUTION DECLARING CITY OWNED PROPERTY SURPLUS LAND PURSUANT TO GOVERNMENT CODE 54221, AP PROVING THE NOTICE OF

AVAILABILITY, AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

The City Council adopt ed a Resolution declaring the property located at 112 -126 West "C" Street, 115-123 West "D" Street, and 324 North Laurel Avenu e, identified with Assessor’s Parcel Numbers 1048-566-01 through 1048-566-03 and 1048-566- 08 through 1048 -566-11, approve the Notice of Availability, and finding that such declaration is exempt from the California Environmental Quality Act.

RESOLUTION NO. 2025-035 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, MAKING FINDINGS AND DECLARING, PURSUANT TO GOVERNMENT CODE SECTION 54221, THAT CERTAIN REAL PROPERTY LOCATED AT 112-126 WEST C STREET, 115-123 WEST D STREET AND 324 NORTH LAUREL AVENUE, IDENTIFIED WITH ASSESSOR’S PARCEL NUMBERS 1048 -566-01 THROUGH 1048 -566-03 AND 1048 -566-08 THROUGH 1048-566-11, IS SURPLUS LAND, APPROVING THE NOTICE OF AVAILABILITY

THEREFOR, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE

SURPLUS LAND ACT AND TAKING RELATED ACTIONS, FINDING THAT SUCH

DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS 15060(C)(3) AND 15312 OF THE STATE CEQA GUIDELINES AND DIRECTING 19 Ontario City Council/Ontario Housing Authority
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Page 7 of 10 ends

STAFF TO ISSUE A NOTICE OF EXEMPTION.

16. AN AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH

PAYMENTUS CORPORATION FOR ELECTRONIC BILL PAYMENT

PROCESSING SERVICES

The City Council authorized the City Manager, or designee, to execute Amendment No. 2 to the Master Services Agreement with Paymentus Corporation of Charlotte, North Carolina, for electronic bill payment services in the amount of $2,100,000 for Fiscal Year 2024 -25 through Fiscal Year 2027 -28, for a new total not -to-exceed aggregate amount of $4,700,000.

17. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

CONVERGINT TECHNOLOGIES, LLC FOR THE CIVIC CENTER EXPANSION - FIRE STATION NO. 1 SECURITY CAMERA AND ACCESS CONTROL SYSTEM

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Maintenance Services Agreement with Convergint Technologies, LLC, of La Palma, California, for the Civic Center Expansion - Fire Station No. 1 Project security camera and access control system in the amount of $112,774 for a total not-to-exceed contract amount of $4,366,250; and B. Authorized the City Manager or his design ee to execute all documents required for the completion of the project which may include, but is not limited to agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

18. A CONSTRUCTION CONTRACT WITH METROCELL CONSTRUCTION, INC.

FOR THE JOHN GALVIN PARK LIGHTING UPGRADE PROJECT

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a Construction Contract with Metrocell Construction, Inc., of Ontario, California, to procure and install 19 new light fixtures and conduits for the John Galvin Park Lighting Upgrade project in the a mount of $223,985 plus a 10% contingency of $22,399 for a total not-to-exceed contract amount of $246,384; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

20 Ontario City Council/Ontario Housing Authority
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19. A CONSTRUCTION CONTRACT WITH RANCHO PACIFIC ELECTRIC CONSTRUCTION, INC. FOR THE ELECTRICAL WORK AT THE ONTARIO

SPORTS EMPIRE SPORTS FIELDS AND A CHANGE ORDER TO THE
CONSTRUCTION CONTRACT WITH CREW, I NC. FOR THE GRADING AT THE

ONTARIO SPORTS EMPIRE

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execut e a Construction Contract with Rancho Pacific Electrical Construction, Inc., of Rancho Cucamonga, California, to provide construction services for the D&C23 -022 Ontario Sports Empire – Sports Fields project in the amount of $46,991,200 and authorize a contingency of $4,700,000 for a total not-to-exceed contract amount of $51,691,200, and
B. Authorized the City Manager, or his designee, to execute Change Order No. 1 in the amount of $15,026,000 to the Construction Contract with Crew, Inc., of Compton, Californi a, for D&C23 -022 Ontario Sports Empire - Mass Grading project, increasing the contract amount from $41,870,320, to $62,598,920, which includes an increase to the project contingency by $1,502,600 for a new total not -to-exceed contract authorization of $62,598,920, and
C. Authorized the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Ontario Sports Empire; and D. Authorized the City Manager, or his d esignee, to execute all documents required for the completion of the project which may include, but is not limited to agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a no tice of completion at the conclusion of all construction related activities.

20. A CONSTRUCTION CONTRACT WITH 3M CONSTRUCTION CORPORATION

FOR THE LATIMER FIELD CONCESSION AND RESTROOM RENOVATION

PROJECT AT JOHN GALVIN PARK

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a construction contract with 3M Construction Corporation, of Anaheim, California, for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park in the amount of $943,899 plus a 10% conti ngency of $94,390 to address any unforeseen issues that may arise during the construction, for a total not-to-exceed contract amount of $1,038,289; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities. 21 Ontario City Council/Ontario Housing Authority
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21. APPROVAL OF A SIDE LETTER AMENDING THE MEMORANDUM OF

UNDERSTANDING FOR THE ONTARIO PROFESSIONAL FIREFIGHTER

ASSOCIATION IN ACCORDANCE WITH MODIFICATIONS REQUIRED BY

CALPERS

This item was pulled.

22. A PROCLAMATION DECLARING MAY 2025 AS HUNTINGTON'S DISEASE

AWARENESS MONTH

The City Council proclaimed May 2025 as Huntington's Disease Awareness Month.

PUBLIC HEARINGS

23. AN ORDINANCE AMENDING CHAPTER 25 OF TITLE 5 OF THE ONTARIO

MUNICIPAL CODE RELATED TO SHOPPING CARTS

The City Council introduced and waived further readings of an Ordinance amending multiple sections of Chapter 25 of Title 5 of the Ontario Municipal Code revising existing shopping cart regulations and p roviding for more effective management of shopping carts within the City.

ORDINANCE NO. 3305 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHAPTER 25 OF TITLE 5, OF THE ONTARIO MUNICIPAL CODE

TO REVISE EXISTING SHOPPING CART REGULATIONS AND PROVIDE FOR

MORE EFFECTIVE MANAGEMENT AND CONTROL PRACTICES FOR
SHOPPING CARTS WITHIN THE CITY.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3305.

STAFF MATTERS

City Manager Ochoa made no announcements.

COUNCIL MATTERS

Council Member Macias made no comments.

Council Member Bowman made no comments.

Mayor pro Tem Wapner spoke on Huntington’s Disease Awareness month.

Council Member Porada asked for Council concurrence to have Staff develop a scope of work for an RFP or RFQ seeking alternatives to Inland Empire Utilities Agency services.

Mayor Leon spoke on the need to be methodical when making big decisions. 22 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 6, 2025

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ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:06p.m., and announced the next regular meeting was scheduled for May 20, 2025.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
23 Department: Public Works
Prepared By: Diego Tapia
Department:

Prepared By: Diego Tapia
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea M Lopez, Bonnie
Tam
Approved By:

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

A CONSTRUCTION CONTRACT WITH OUTSOURCE UTILITY CONTRACTOR, LLC FOR THE FISCAL YEAR 2024-25 CDBG AND CIP STREET LIGHT INSTALLATION

PROJECT

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Community Development Block Grant (CDBG) fund and Capital Improvement Project (CIP) fund for the construction of Fiscal Year 2024-25 CDBG and CIP Street Light Installation Project (Project). The construction for the Fiscal Year 2024-25 CDBG Street Light Installation Project will be on Elma Street
from Allyn Avenue to Virginia Avenue. The construction for the Fiscal Year 2024-25 CIP Street Light Installation Project will be on Helen Avenue from Francis Street to Philadelphia Street.

The
24 proposed Construction Contract with Outsource Utility Contractor LLC, is in the amount of $344,900 plus a 10% contingency of $34,490, for a total not-to-exceed contract amount of $379,390.

BACKGROUND & ANALYSIS:

The general scope of work to be performed under this construction project consists of, but is not limited to, the installation of 17 new street light poles, foundations, LED light ﬁxtures, pull boxes, and other accessories necessary to complete the improvements as described in the Plans and Speciﬁcations. The Project will improve roadway illumination and intersection lighting. The
Fiscal Year 2024-25 CDBG Street Light Installation Project is located on Elma Street from Allyn Avenue to Virginia Avenue. The Fiscal Year 2024-25 CIP Street Light Installation Project is located on Helen Avenue from Francis Street to Philadelphia Street.

Project
location maps are provided for reference as Exhibit “A” and Exhibit "B". In April 2025, the City solicited bids for Bid No. 1899. The nine (9) bids received are summarized below:

COMPANY

LOCATION
AMOUNT
Outsource Utility Contractor, LLC
Torrance, CA
$344,900
Servitek Electric, Inc.

Walnut, CA
$378,523
My Electrician, Inc.

Temecula, CA
$438,000
M. Brey, Inc.

Beaumont, CA
$463,827
Elecnor Belco Electric, Inc.

Chino, CA
$476,700
MC Electric
Chino, CA
$506,300
Towo Enterprise, Inc.

Fullerton, CA
$507,800
Metrocell Construction, Inc.

Ontario, CA
$522,300
ISSA Electric, Inc.

Riverside, CA
$785,193

Outsource Utility Contractor, LLC submitted the lowest responsible and responsive bid. Based on their credentials, pricing, and favorable reference checks, Staﬀ recommends that the City Council award a construction contract to Outsource Utility Contractor, LLC for the Fiscal Year 2024-25 CDBG
and CIP Street Light Installation Project.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were reviewed and Staﬀ determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the Project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. 25 26
27 46700.00920\42650555.1

(BB&K 2020) - 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

SECTION 00500

CONTRACT
THIS CONTRACT is entered as of ____________, in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Outsource Utility Contractor, LLC, 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:

FY 24/25 CDBG AND CIP STREET LIGHT INSTALLATION 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 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.

The Work shall be commenced on the date stated in the City’s Notice to Proceed.

The Contractor shall complete all Work required by the Contract Documents within Seventy [70] Working Days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Forty-Four Thousand Nine Hundred and 00/100 ($344,900), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be 28 46700.00920\42650555.1

(BB&K 2020) - 2 - SECTION 00500

CONTRACT

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 Three Thousand Six Hundred and 00/100 ($3,600.00) 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 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
 Notice Inviting Bids
 Instructions to Bidders
 Bid Form
 Contractor’s Certificate Regarding Workers’ Compensation form  Bid Bond
 List of Subcontractors form
 Contractor Information and Experience Form
 Non-Collusion Declaration form
 Public Works Contractor Registration Certification form  Iran Contracting Act Certification form
 Fleet Compliance Certification form
 Contract
 Performance Bond
 Payment Bond
 Environmental documents and approvals (If Applicable)  General Conditions
 Special Conditions
29 46700.00920\42650555.1

(BB&K 2020) - 3 - SECTION 00500

CONTRACT

 Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
 Technical Specifications
 Addenda (If Applicable)
 Plans and Drawings
 Approved and fully executed Change Orders
 Applicable Local Agency Standards and Specifications, as last revised  Federal Requirements (CDBG Forms/Wage Determination Dated 02-28- 2025
 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.

If the Work involves federal funds, the Contractor and all its subcontractors shall comply with all requirements set forth in the attached Federal Requirements.

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 online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

30 46700.00920\42650555.1

(BB&K 2020) - 4 - SECTION 00500

CONTRACT

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

OUTSOURCE UTILITY CONTRACTOR, LLC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
31 Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea M Lopez, Bonnie
Tam
Approved By:

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

A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving the Fiscal Year 2025-26 Project List for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

This spending plan identiﬁes the recommended uses for the City's Fiscal Year 2025-26 apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from SB1, which is projected to be at $4,908,162 for the upcoming ﬁscal year.

The proposed projects for Fiscal
Year 2025-26 are consistent with the projects included in the City’s proposed Five-Year Capital Improvement Program to be adopted by City Council as part of the Fiscal Year 2025-26 budget.

BACKGROUND & ANALYSIS:

On April 28, 2017, Governor Brown signed SB1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road system, RMRA increases per gallon fuel excise taxes, increases diesel fuel sales taxes and vehicle registration fees, and provides for inﬂationary adjustments to tax rates in future years.

Prior to receiving an annual apportionment of RMRA funds from the California State Controller, the City must submit
an adopted list of projects
to the California Transportation Commission (CTC)
by
July 1, 2025
. The proposed project list must be adopted by Resolution (with public record of the action taken) of the City Council at a regular public meeting each fiscal year. 32 The proposed projects for Fiscal Year 2025-26 (Exhibit “A” of the Resolution) are consistent with the projects included in the City’s proposed Five-Year Capital Improvement Program submitted to the City Council for the upcoming fiscal year’s budget.
33 RESOLUTION NO. ________

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

CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY S ENATE BILL 1, THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB1 i ncludes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by reso lution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the proje ct’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City wil l receive an estimated $4,908,162 in RMR A funding in Fiscal Year 2025-26 from SB1; and

WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Manag ement System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB1 will help the City maintain and rehabilitate streets/roads, bridges, and add active transportation infrastructure throughout the City this year and many similar projects into the future; and

WHEREAS, the 20 23 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and ro ads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads to an “excellent” condition; and

34 WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure , with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED , ORDERED AND FOUND by the City Council of the City of Ontario, State of California:

1. That the foregoing recitals are true and correct.

2. That the attached list (Exhibit A) of proposed projects will be funded in- part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues.

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

PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

35 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 3, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of R esolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held June 3, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

36 EXHIBIT A

Local Streets and Roads Program
Fiscal Year 2025-26 Proposed Projects List
37 EXHIBIT A
Local Streets and Roads Program
Fiscal Year 2025-26 Proposed Projects List
AGENCY NAME: City of Ontario
AGENCY CONTACT: Tricia Maruki
[email protected]
Project Title and Description Project Type Project Limits Begin Project End Project Estimated Useful Life
FY 2024-25 CARRYOVER
TCC Mission Boulevard Improvements Complete Streets Mission Boulevard from Euclid Ave to Benson Ave 7/1/2023 12/1/2025 5-10 years ATP Cycle 5 Bicycle Improvements (Construction) Complete Streets B Street and Vine Avenue 9/2/2024 6/30/2026 15-35 years FY 2025-26
Quiet Zone Analysis Traffic Study At-grade railroad crossings at San Antonio, Vine, Sultana, Campus and Bon View Avenues 7/1/2025 6/30/2026 5-10 years FY 2025-26 Traffic Signal Modification Traffic Signal Fourth Street and Turner Avenue 7/1/2025 6/30/2026 15-25 years FY 2025-26 Pavement Rehabilitation Project (Fall) Asphalt Overlay Edison Avenue from Grove Ave to Walker Ave; Vineyard
Avenue from Francis St to Raymond Kay Wy; Francis
Street from Benson Ave to Mountain Ave; Mountain Ave
from Francis St to SR-60; Vineyard Ave & Eighth St;
Wineville Avenue from Francis St to Philadelphia St
8/12/2025 12/19/2025 15-35 years
FY 2025-26 Pavement Rehabilitation Project (Spring) Asphalt Overlay Turner Avenue from Fourth St to Inland Empire Blvd; Vineyard Avenue from I-10 to Holt Blvd 3/17/2026 6/30/2026 15-35 years FY 2025-26 Slurry Seal/Cape Seal Program Slurry/Cape Seal Area bounded by SR-60 Freeway to the south, Campus
Avenue to the west, Fourth Street to the north, and
Etiwanda Avenue to the east
8/19/2025 12/5/2025 10-15 years
Geyer Court Street, Water and Street Light
Improvements Project Complete Streets Geyer Court from Euclid Avenue to End 8/12/2025 2/27/2026 15-35 years FY 2025-26 ADA Ramp Improvements ADA Ramps
Area bounded by Riverside Drive to the south, Benson
Avenue to the west, the I-10 Freeway to the north and
Etiwanda Avenue to the east
7/1/2025 6/30/2026 15-35 years
Removing and replacing existing non-compliant American with Disabilities Act (ADA) concrete ramps and installation of new ADA concrete ramps that don't currently exist in City neighborhoods.

Construction of missing curb, gutter, sidewalk and street lights, rehabilitation of the pavement and reconstruction of storm drain on Geyer Court from Euclid Avenue to the cul-de-sac end.

Design and construction of one-way Class IV bike lanes and street improvements including curb and gutter, sidewalk, Americans with Disabilities Act (ADA) ramps, parkway landscaping, street lights and drainage improvements as necessary.

Construction of 2 miles of combined Class III and IV bike facilities and street improvements including curb extensions, high visibility crosswalks, traffic circles and street lights.

Application of Type II Polymer Modified slurry seal, Reclaimed Asphalt Pavement cape seal, and PCC curb ramp construction Construction of north-south left-turn phasing at the intersection of Fourth Street and Turner Avenue.

Construction of Rubberized Asphalt Hot Mix pavement including removal and replacement of failing pavement areas, replacement of damaged sidewalk, curb and gutter, placement of ADA ramps, Study to determine anticipated improvements at railroad crossings in order to qualify for a quiet zone Construction of Rubberized Asphalt Hot Mix pavement including removal and replacement of failing pavement areas, replacement of damaged sidewalk, curb and gutter, placement of ADA ramps, 38 Department: Public Works
Prepared By: Henry D Pham
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea M Lopez, Bonnie
Tam
Approved By:

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

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20659 GENERALLY LOCATED ON WEST

FIFTH STREET BETWEEN BENSON AVENUE AND MOUNTAIN AVENUE

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security, and Final Tract Map No. 20659, generally located on West Fifth Street between Benson Avenue and Mountain Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. All public infrastructure improvements required for this project will be constructed and funded by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Landsea Homes of California, LLC (Developer) has submitted Final Tract Map No. 20659, consisting of one (1) numbered lot on approximately three (3) acres of land, as shown on Exhibit A. Tentative Tract Map No. 20659 was approved by the Planning Commission on August 27, 2024.

The Final Tract Map improvements will include street, streetlight, sewer lateral, water lateral, ﬁber optic conduits, and parkway landscaping with irrigation. All landscape improvements will be consistent with the City's Landscape Development Guidelines and the Model Water Efficiency Landscape Ordinance.

The Developer is proposing to enter into an Improvement Agreement with the City for Final Tract Map No. 20659 and posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
39 FIFTH STREET
40 RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 2 0659

GENERALLY LOCATED ON WEST FIFTH STREET BETWEEN BENSON
AVENUE AND MOUNTAIN AVENUE.

WHEREAS, Tentative Tract Map No. 20 659 submitted for approval by Sunrise Church, was approved by the Planning Commission of the City of Ontario on August 27, 2024; and

WHEREAS, Tentative Tract Map No. 20659 consists of one numbered lot on approximately three acres of land, in the City of Ontario, County of San Bernardino, State of California, being a subdivision of a portion of lot 785, according to the Map of Ontario, as per plat recorded in book 11 of maps, page 6; and

WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20659, Landsea Homes of California LLC, has offered the Improvement Agreement together with good and sufficient improvement security, in con formance with the City Attorney’s approved format, for approval and execution by the City; and

WHEREAS, the requirement for the preparation of Covenants, Conditions and Restriction (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Tract Map; and

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

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.

3. That Final Tract Map No. 20659 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

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

41 PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

42 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025 - duly passed and adopted by the Ontario City Council at their regular meeting held June 3, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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83 Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

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

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

LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 75 (SPRINGHILL)

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 75 (Springhill).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The use of Mello-Roos ﬁnancing in the Wildﬂower Acres residential development is projected to generate approximately $348,472 per year, at build-out, to fund administrative fees and municipal services; and approximately
$9.8 million in bond proceeds to be used to fund a
portion of the public infrastructure improvements needed to serve the project. Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcel in the District; therefore, there is no ﬁscal impact to the General Fund from the issuance of Mello- Roos bonds. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

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

At a public hearing conducted by the City Council on May 20, 2025, the City Council adopted a Resolution of Formation of Community Facilities District No. 75 (Springhill); authorized the levy of a special tax; established an appropriations limit of the Community Facilities District; and called a special election for the Community Facilities District. On that date, an election was held in which the 84 qualiﬁed electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act. Adoption of the proposed Ordinance to authorize the levy of special taxes within the Community Facilities District will conclude the formation process for the City of Ontario Community Facilities District No. 75 (Springhill).

The Springhill is a residential project development that is approximately 23.22 gross acres located north of Chino Avenue, west of Archibald Avenue, east of Colonial Avenue, and south of Riverside Drive. At build-out, the project is expected to include a total of 265 residential units within two product types, comprised of 139 detached units and 126 attached units. 85 ORDINANCE NO. ________

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 75 (SPRINGHILL)

WHEREAS, on April 1, 2025, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 75 (Springhill) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Ontario Community Facilities District No. 75 (Springhill) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services (the “Services”); and

WHEREAS, on May 20, 2025, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and

WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, Calif ornia, of Formation of City of Ontario Community Facilities District No. 75 (Springhill), Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District be Established” (the “Resolution of Formation”), “ A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 75 (Springhill) to Incur Bonded Indebtedness ” and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 75 (Springhill) ,” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District , proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and

WHEREAS, on May 20, 2025, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and

WHEREAS, the Cit y Council is the legislative body of the Community Facilities District;
86 THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2025-26 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

SECTION 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

SECTION 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

SECTION 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.

SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. The Mayor shall sign this Ordinance and t he City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

87 PASSED, APPROVED, AND ADOPTED this 3th day of June, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

88 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held May 20, 2025 and adopted at the regular meeting held June 3, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held June 3, 2025 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

89 Department: Management Services
Prepared By: Jordan T Villwock
Staff Member Presenting: Jordan Villwock,
Deputy City Manager
Reviewed By: Vanny Khu
Approved By:

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

AN AMENDMENT TO THE INLAND VALLEY HUMANE SOCIETY & SPCA CONTRACT

AND APPROVAL TO ADMIT THE CITY OF CHINO HILLS AS A MEMBER AGENCY IN

THE ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or designee, to execute Amendment No.1 to the Inland Valley Humane Society & SPCA contract; and
B
.

Approve the admission of the City of Chino Hills to the Animal Resource Center of the Inland Empire.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct ﬁscal impact associated with this action. If Chino Hills' admittance into the Animal Resource Center of the Inland Empire (ARC) is approved by the City Council, this would decrease the City of Ontario's capital cost ﬁscal responsibility to ARC in Fiscal Year 2025-26 and Fiscal Year 2026-27 from 58% to 53%. Starting in Fiscal Year 2027-28 and beyond, it would also decrease the operating cost to 53%.

BACKGROUND & ANALYSIS:

On July 1, 2023, the City of Ontario’s contract with Inland Valley Humane Society & SPCA (IVHS) was continued for an additional 2-year term, through June 30, 2025.

During the contract term, on April 15, 2024, the City received a cancelation notice from IVHS for the standing contract, which goes into eﬀect June 30, 2025. The proposed amendment would allow for the ARC to handle dog bite calls in the City of Ontario, starting on June 20, 2025, thus allowing ARC to quarantine dogs, if necessary, to avoid a budget prohibited cost of $10,000 per day fee that was proposed by IVHS for any animal that is housed by IVHS past July 1, 2025. Additionally, the amendment will allow for the transfer of animals to begin the week prior to the end of the contract to allow for appropriate intake and evaluation of the animals.

90 In July 2024, the City Council approved the original Joint Exercise of Powers (JPA) Agreement to establish the West End Animal Services Agency, now known as ARC, with the City of Chino. In the last year, several other jurisdictions have been involved in the conversation surrounding the establishment of a JPA to provide animal control and animal sheltering services. As such, the City of Chino Hills submitted a formal request to join the ARC. If approved, the JPA would grow to a ﬁve- member agency with the following breakdown of share of contributions and voting shares: Ontario 53%, Chino 20%, Chino Hills 15%, Montclair 8%, County of San Bernardino (West end unincorporated area) 4%. Per the JPA Agreement, new members may only be admitted with unanimous approval of the JPA Board of Directors and approval by each governing body of the current Member Agencies. The JPA Board of Directors unanimously approved the item at their regular meeting on May 6, 2025. City and ARC Staﬀ have thoroughly collaborated with the City of Chino Hills and are recommending approval.
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90656.00001\43211431.2
NOTE:

Upon the Effective Date of the admission of the City of Chino Hills to the Animal Resource Center of the Inland Empire, the attached addendum reflecting updated Initial Share of Contributions / Voting Shares will be ministerially added as Exhibit B of the Joint Powers Agreement.
120
90656.00001\43741974.1

EXHIBIT B

CONTRIBUTION FORMULA
From and after the Formation Date, each Member Agency shall pay for the ongoing costs of the Agency according to the following formula, to be initially calculated at the time of the formation of the Agency.

Initial Share of Contributions / Voting Shares
Ontario 53%
Chino 20%
Chino Hills 15%
Montclair 8%
County of San Bernardino 4% (West End unincorporated area only) Note: As further described in the Board’s resolution admitting Chino Hills and setting terms and conditions for its admission, Chino Hills will not receive animal control and sheltering services from the Agency until FY 2027-2028, unless otherwise mutually agreed by the Parties. Notwithstanding the preceding sentence, (1) Chino Hills will pay for its share of capital costs beginning in FY 2025-2026, which may include but not be limited to its share of ownership interests in the permanent shelter property and permanent shelter design, pre-construction, construction, and similar costs; and (2) in lieu of FY 2024-2025 contributions to the Agency’s budget for startup costs, Chino Hills will pay for, contribute to a fund for, or reimburse the Agency for, a truck and horse trailer to be owned by the Agency, in an amount not to exceed $150,000.

Chino Hills’ share of capital costs in FY 2025-2026 and 2026-2027, and share of all costs in FY 2027-2028 and beyond shall be consistent with the above shares.

Determination of Future Share of Contributions / Voting Shares Thereafter, each Member Agency’s proportional share will be recalculated: (1) once every five years, and/or (2) upon a unanimous vote to authorize the induction of a New Member Agency pursuant to the Agreement. Expenses of the Agency are to be paid by each Member Agency in proportion to the services provided to each Member Agency.

Determination of the proportion of services provided to each Member Agency shall be based upon actual or estimated number of calls for animal control service from each Member Agency, the number of animals sheltered from each Member Agency, and/or other factors reasonably bearing on the Agency’s costs, as reasonably determined by the Board. For example, if Ontario receives 53% of the Agency’s services and Chino receives 20%, Ontario’s funding contribution would be 53%, Chino’s would be 20%.

Every five years and upon a unanimous vote to authorize the induction of a New Member Agency, the Board shall adopt an addendum to this Exhibit B showing the updated Share of Contributions / Voting Shares, which shall be ministerially added to the Agreement.

Offsets
Each Member Agency may offset its financial contributions by licenses/fee revenues, and/or by making “in-kind” contributions such as personnel or meeting room space.

Costs for such contributions shall be reasonable and as set forth in a written agreement between a Member Agency and the Agency.
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90656.00001\43741974.1
Additional Costs for Special Services
If a Member Agency wants additional animal services in its jurisdictional area, the cost allocation for such additional service can be made upon action by the Board and reflected in a written “special services” agreement with the Member Agency. Full cost of “special services” should be borne by the requesting Member Agency.

Services to Other Agencies
Other public agencies who contract with the Agency for services in their jurisdiction but who do not qualify or wish to be inducted as Member Agencies will be responsible for paying their actual costs pursuant to a written “contract services” agreement with the Agency, plus any startup or entry costs deemed appropriate by the Board. Such public agency will be considered only a “contracting agency” and not a Member Agency with voting power or other rights of membership for purposes of this Agreement. 122
90656.00001\43211296.1

SIGNATURE PAGE OF THE CITY OF CHINO HILLS AGREEING TO BECOME A PARTY

TO THE ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE POWER JOINT

POWERS AGREEMENT
The City of Chino Hills, California hereby agrees to become a Party to the Animal Resource Center of the Inland Empire Joint Powers Agreement dated July 16, 2024, as amended on January 27, 2025 (previously known as the “West End Animal Service Agency Joint Powers Agreement”), pursuant to Section 14 of the Agreement.

CITY OF CHINO HILLS
By: ______________________________
Name: ______________________________
Title: ______________________________
Date: __________
ATTEST:

By: ______________________________
Name: ______________________________
Title: ______________________________
APPROVED AS TO FORM:

By: ______________________________
Name: ______________________________
Title: ______________________________
Note: The addition of the above-named entity as a Party to the Animal Resource Center of the Inland Empire Joint Powers Agreement is subject to satisfaction of the conditions set forth in Section 14 of the Agreement and such other conditions as previously adopted by resolution of the Animal Resource Center of the Inland Empire Board of Directors. 123

Page 1 of 4 ends

RESOLUTION NO. ARC- 011

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANIMAL

RESOURCE CENTER OF THE INLAND EMPIRE, AUTHORIZING THE

ADDITION OF THE CITY OF CHINO HILLS AS A MEMBER OF THE
AGENCY.

WHEREAS, the Animal Resource Center of the Inland Empire (" Agency") is a joint powers agency established pursuant to the Joint Exercise of Powers Act ( Gov. Code 6500 et seq.) and a Joint Exercise of Powers Agreement (" JPA Agreement") effective August 1, 2024; and
WHEREAS, Section 14.1 of the JPA Agreement provides that Agency' s Board of Directors (" Board") may set the terms and conditions for admitting new members (a "New Member Agency" or " New Member") that it deems appropriate either by amendment to the JPA Agreement or reference to the Bylaws or other adopted resolution or policy of the Agency; and
WHEREAS, Section 14. 1 of the JPA Agreement further provides that New Members may only be admitted with unanimous approval of the Board and approval by each governing body of the Member Agencies; and
WHEREAS, Section 14. 1 of the JPA Agreement further provides that approved New Members shall execute a copy of the JPA Agreement and shall thereafter be subject to all terms and conditions contained therein; and
WHEREAS, Section 14. 2 of the JPA Agreement provides that, except as otherwise expressly set forth therein, the terms of the JPA Agreement shall be construed so as to apply to New Members the same as to the initial Member Agencies to the JPA Agreement and that New Members shall have the rights and obligations accorded to " Members" or Member Agencies" ( whether singular or plural) under the JPA Agreement; and WHEREAS, Section 14. 3 of the JPA Agreement provides that prior to the acceptance of any New Member Agency, the proposed New Member Agency shall pay an amount, as determined by the Board, for the proposed New Member Agency's fair share of any start-up costs or other initial investments incurred by the Agency as consideration for admitting the New Member Agency; and
WHEREAS, Section 14.4 of the JPA Agreement provides that the Agency shall not provide any animal control, animal sheltering, or related services within a New Member Agency's geographic area unless and until the New Member Agency deposits sufficient funds to cover the estimated costs of services for a period of time as determined by the Board, to be not less than six ( 6) months; and
WHEREAS, Section 8. 1 of the JPA Agreement provides that original Member Agencies ( the cities of Ontario, Chino, and any new Member Agencies who join the Agency pursuant to Section 14 of the JPA Agreement by July 1, 2025) shall have an ownership interest in the real property described in Section 8. 1 of the JPA Agreement 124
Resolution No. ARC- 011

Page 2 of 4 ends

following its transfer by the City of Ontario to the Agency, and shall pay the Agency for their respective ownership interests in the property through their quarterly payments to the Agency over a period determined by the Agency and the original Member Agencies; and
WHEREAS, on May 6, 2025, the Board of Directors of the Agency considered the membership of the City of Chino Hills.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Animal Resource Center of the Inland Empire:

1. The above recitals are true and correct and are incorporated herein.

2. The Board hereby unanimously approves the inclusion of the City of Chino Hills as a Party to the JPA Agreement and member of the Animal Resource Center of the Inland Empire, subject to the following conditions:
a. Approval by each governing body of the existing Member Agencies; b. The City will not receive animal control and sheltering services from the Agency until FY 2027-2028, unless otherwise mutually agreed by the Parties. Notwithstanding the preceding sentence: ( 1) the City will pay for its share of capital costs beginning in FY 2025-2026, which may include but not be limited to its share of ownership interests in the property described in subsection ( c) below and permanent shelter design, pre- construction, construction, and similar costs; and 2) in lieu of FY 2024- 2025 contributions to the Agency' s budget for startup costs, the City agrees to pay for, contribute to a fund for, or reimburse the Agency for, a truck and horse trailer to be owned by the Agency, in an amount not to exceed $ 150, 000. The City and Agency shall agree to further details relating to the truck/trailer purchase and payment.

C. The City agrees to pay for its share of costs for its respective ownership interests in the property described in Section 8.1 of the JPA Agreement. The City' s share of costs will be billed quarterly by the Agency for a period of 12 years.
d. The City shall execute and deliver a copy of the JPA Agreement to the Board Secretary and other Member Agencies.

3. For City's share of capital costs in FY 2025-2026 and 2026-2027, and City's share of all costs in FY 2027- 2028 and beyond, the City' s Initial Share of Contributions / Voting Shares pursuant to Exhibit B of the JPA Agreement shall be 15% with the City of Ontario at 53%, the City of Chino at 20%, the City of Montclair at 8%, and the County of San Bernardino at 4%. Upon the effective date of the City' s admission to the Agency, an addendum reflecting this updated Initial Share of Contributions / Voting Shares shall be ministerially added to Exhibit B of the JPA Agreement.
125
Resolution No. ARC- 011

Page 3 of 4 ends

4. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Board of Directors hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

5. The City's admission as a Party to the JPA Agreement and Member Agency shall be deemed to occur on the date when all of the conditions in Section 2( a) and ( d) have been satisfied. If any of the conditions in Section 2(a) and d) have not occurred by July 1, 2025, this Resolution shall be deemed to no longer have any force or effect. Except as otherwise expressly set forth herein, this Resolution shall take effect immediately upon its adoption.

The Secretary of the Animal Resource Center of the Inland Empire shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this
6th
day of May 2025.
t r
PAUL S.` LEON, CHAIIR
ATTEST:
id
CLAUDYA Y. ASMI- L, SECRETARY
APPROVED AS TO FORM:

BEST BEST & KRIEG"

BOARD ATTORNEY
126
Resolution No. ARC- 011

Page 4 of 4 ends

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF ONTARIO
I, Claudia Y. Isbell, Secretary of the Animal Resource Center of the Inland Empire, DO HEREBY CERTIFY that foregoing Resolution No. ARC- 011 was duly passed and adopted by the Board of Directors of the Animal Resource Center of the Inland Empire at its regular meeting held May 6, 2025, by the following roll call vote, to wit:

AYES: CHAIR/ DIRECTORS: LEON, DUTREY, HAGMAN AND ULLOA NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: BURTON

C UD A SBELL, SECRETARY
SEAL)
The foregoing is the original of Resolution No. ARC- 011 duly passed and adopted by the Board of Directors of the Animal Resource Center of the Inland Empire at its regular meeting held May 6, 2025.

CLAUDIA I LL, SECRETARY
SEAL)
127
128
129
130
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

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

ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT;

ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC) AND TO

AUTHORIZE THE LEVY OF SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and:

A
.

Accept a written petition (on file with the Records Management Department) from Remington

APG LLC
("Landowners"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Mello-Roos ﬁnancing in the Remington APG LLC Industrial Services development is projected to generate approximately $50,021 per year, at build-out, to fund administrative fees and municipal services. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

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

Municipal services that may be funded by a community facilities district include: police protection 131
services, ﬁre protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads, open space, ﬂood and storm drain protection services, maintenance and operation of ﬁber optic telecommunication, wireless communication and public safety camera systems, and maintenance and operation of any real property or tangible property with an estimated useful life of ﬁve or more years that is owned by the governmental entity. Under the Mello-Roos Act, the initial steps in the formation of a community facilities district to ﬁnance municipal services are to adopt a Resolution declaring the intention to establish a community facilities district and authorize the levy of special tax.

Remington APG LLC
has provided a written petition to the City requesting the formation of a community facilities district, along with a deposit pursuant to a Deposit Agreement dated March 1, 2024, for the Remington APG LLC Industrial Services project. The project will be an industrial development of approximately 10.01 gross acres located south of Merrill Avenue, north of Remington Avenue, west of Archibald Avenue, and east of Carpenter Street. As proposed, the project is anticipated to include three industrial buildings totaling approximately 200,000 square feet at build-out.

I
ncluded, as part of the Resolution of Intention, is the proposed Rate and Method of Apportionment of Special Tax for the district. The term and structure of the Rate and Method of Apportionment of Special Tax for the Remington APG LLC Industrial Services portion is consistent with the City Council's adopted Mello-Roos local goals and policies.

City Staﬀ has discussed the proposed Rate and Method of Apportionment of Special Tax with the landowner. As proposed, the Resolution of Intention to establish the district and to levy special taxes will set a public hearing date on the formation of the community facilities district for the regularly scheduled City Council meeting on Tuesday, July 15, 2025.

132
RESOLUTION NO. ________

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

CALIFORNIA, OF INTEN TION TO ESTABLISH A COMMUNITY

FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC

SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX

THEREIN

WHEREAS, Section 53318 of the Mello -Roos Community Facilities Act of 1982 (the “Act”) provides that proceedings for the establishment of a community facilities district shall be instituted by a legislati ve body of a local agency when a petition requesting the institution of the proceedings signed by the owners of not less than 10% of the area of land proposed to be included within the community facilities district and not proposed to be exempt from the sp ecial tax, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of services to be financed by the community facilities district is filed with the clerk of the legislative body; and

WHEREAS, Section 53318 of the Act further provides that such a petition may not be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving such petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a community facilities district pursuant to the Act; and

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has received from Remington APG LLC (the “Landowner”) a written petition (the “Petition”), requesting the City Council to institute proceedings pursuant to the Act to establish a community facilities district (the “Community Facilities District”) and to authorize the Community Facilities District to levy a spec ial tax within the Community Facilities District, describing the boundaries of the territory that is proposed for inc lusion in the Community Facilities District and specifying the types of services to be financed by the Community Facilities District; and

WHEREAS, in connection with such request to institute proceedings to establish the Community Facilities District, the Landowner paid a fee in an amount that the City Council has determined is sufficient to compensate the City Council for all cost incurred in conducting proceedings to create the Community Facilities District pursuant to the Act; and

WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax;
133
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

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

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

SECTION 4. The name proposed for the Community Facilities District is “City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).”

SECTION 5. The serv ices (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit B hereto. The incidental expenses proposed to be incurred are identified under the caption “Inciden tal Expenses” on Exhibit B hereto. No facilities are proposed to be financed by the Community Facilities District.

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

SECTION 7. The Special Tax may only finance the Services to the extent that they are i n addition to those provided in the territory of the Community Facilities District before the Community Facilities District is created. The Services may not 134
supplant services already available within that territory when the Community Facilities District is created.

SECTION 8. The City Council hereby fixes Tuesday, July 15, 2025, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District ; provided, that, in the event the July 15, 2025 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hea ring and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

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

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

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

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

SECTION 13. The officers, employees and agents of the City are hereby authorized and directed to take all ac tions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 14. This Resolution shall take effect immediately upon its adoption.

135
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

136

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City o f Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 3, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held June 3, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

137

EXHIBIT A

BOUNDARY MAP

138

EXHIBIT B

SERVICES AND INCIDENTAL EXPENSES

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

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

139

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

140
141

City of Ontario CFD No. 74 1 April 29, 2025

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 74
(REMINGTON APG LLC SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (“CFD No. 74”) and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below. All of the real property in CFD No. 74, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS

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

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

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

“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 74: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 74 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special T ax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 74 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 74; and amounts estimated or advanced by the City or CFD No. 74 for any other administrative purposes of CFD No. 74, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

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

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

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

“CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein.
142

City of Ontario CFD No. 74 2 April 29, 2025

“CFD No. 74” means City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

“City” means the City of Ontario, California.

“City Council” means the City Council of the City, acting as the legislative body of CFD No. 74.

“County” means the County of San Bernardino.

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

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

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

“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 74 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.

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

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

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

“Non-Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2024, and before May 1 of the prior Fiscal Year, for a Non-Residential use.

“Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 74 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

143

City of Ontario CFD No. 74 3 April 29, 2025
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property.

“Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 74 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right- of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.

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

“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2024, and before May 1 of the prior Fiscal Year.

“Services” means the services authorized to be financed, in whole or in part, by CFD No. 74, including: police protection services; fire protection and suppression services; ambulance and paramedic services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; maintenance and operation of fiber optic telecommunication, wireless communication, and public safety camera systems; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

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

“Special Tax” means the special tax authorized by the qualified electors of CFD No. 74 to be levied within the boundaries of CFD No. 74.

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

“Square Footage” or “Sq. Ft.” means, with respect to a building of Non -Residential Property, the gross floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropri ate means selected by CFD No. 74, for such building, plus any square footage subsequently added to a building of Non -Residential Property after issuance of a building permit for expansion or renovation of such building.

“State” means the State of California.

144

City of Ontario CFD No. 74 4 April 29, 2025
“Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property and Non-Residential Property within the boundaries of CFD No. 74 which are not exempt from the Special Tax pursuant to law or Section E below.

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

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, beginning with Fiscal Year 2025-26, all Taxable Property within CFD No. 74 shall be classified as Residential Property (Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit) or Non - Residential Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

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

T
ABLE 1

MAXIMUM SPECIAL TAX

Land Use Class Maximum Special Tax
Fiscal Year 2025-26
Residential Property:

Single Family Detached Dwelling Unit $1,426.38 per Unit Multiple Family Dwelling Unit $1,236.46 per Unit
Gated Community Attached Dwelling Unit $1,036.38 per Unit Non-Residential Property $0.260110 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2026, the Maximum Special Tax to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

In some instances an Assessor’s Parcel of Taxable Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Residential Property and Square Footage of Non- Residential Property (based on the applicable building permits, final subdivision map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. 145

City of Ontario CFD No. 74 5 April 29, 2025
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 20 25-26, the CFD Administrator shall determine the Special Tax Requirement. The Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Taxable Property up to 100% of the applicable Maximum Special Tax for such Assessor’s Parcel , until the Special Tax Requirement is satisfied. However, the Special Tax levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax levied in the prior Fiscal Year.

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

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

F. APPEALS

Any property owner may file a written appeal of the Special Tax with CFD No. 74 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

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

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

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

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

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City of Ontario CFD No. 74 6 April 29, 2025
G. MANNER OF COLLECTION

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

H. TERM OF SPECIAL TAX

The Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 74.

147
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE

PROPOSED CITY'S CORPORATE YARD

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

Professional Services Agreement with Kimley-Horn and Associates, Inc., of Riverside, in the amount of $411,200, plus a 10% contingency of $41,120, for a total authorized expenditure of $452,320. If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed.

BACKGROUND & ANALYSIS:

The City of Ontario is proposing a new public works corporate yard, encompassing approximately 54 acres of land, located on the south side of Philadelphia Street, approximately 1,300 feet east of Vineyard Avenue. The project site includes a portion of the
Whispering Lakes Golf Course and the Ontario Soccer Park.

The proposed project includes the development of an administration building, warehouse/shop buildings, storage area, ﬂeet services, and solid waste transfer station for uses that support the City's Corporate Yard. The project will require a General Plan Amendment changing the land use designation from OS-NR (Open Space - Non-Recreation) and OS-R (Open Space - Parkland) to Industrial, and a Zone Change to change the existing zoning district from OS-R (Open Space Recreation) to the IG (General Industrial) zoning district.

In compliance with the California Environmental Quality Act (CEQA) Guidelines, City staﬀ has 148
conducted an evaluation and concluded that the appropriate environmental analysis for this speciﬁc proposal would involve an Environmental Impact Report (EIR). The Community Development Agency's Pre-Qualiﬁed Consultant Eligibility List for Environmental Services was utilized to select Kimley-Horn and Associates, Inc., to prepare the environmental document. 149
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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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF ONTARIO

AND

KIMLEY-HORN AND ASSOCIATES, INC.

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 Kimley-Horn and Associates, Inc., a North Carolina Corporation, with its principal place of business at 3801 University Avenue, Suite 300, Riverside, California 92501 (“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 experienc ed in providing environmental/planning consulting 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 environmental consulting 150
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services for the City of Ontario Corporate Yard 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 environmental/planning consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from June 4, 2025 to June 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed four hundred eleven thousand two hundred dollars ($411,200), 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 co mmencement 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 disp utes any of Consultant ’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

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

3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, bu t 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.
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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 invoic e or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

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

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consulta nt’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Con sultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant s hall 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: Kevin Thomas, Principal-in-Charge, Senior Associate, and Miles Eaton, Project Manager. 152
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3.3.5 City’s Representative. The City hereby designates Henry Noh, Planning Director, or his 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 designee.

3.3.6 Consultant’s Representative. Consultant hereby designates Davie Cowan, Vice President, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant ’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultan t warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant ’s failure to comply with the standard of care provided for herein. Any employ ee of the Consultant or its subconsultants who is determined by the City to be uncoope rative, 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 153
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Performance Milestones developed pursuant to provisions of this Agreement, it is unde rstood, 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 effec ts thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

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

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

3.3.10.2 Employment Eligibility; Consultant . Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform a nd 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 154
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Enterprise program, Affirmative Action Plan or other related programs or gui delines 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 t o, 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.

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.

BB&K (2024) -7- PROFESSIONAL SERVICES AGREEMENT

(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 claim s 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 Liabili ty (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant ’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability : (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes o f 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 Liabilit y: (1) Additional Insured: T he City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, h ired 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 156
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a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of ” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium . (2) Waiver of Subr ogation: 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 Consul tant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all end orsements 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 f iled 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 157
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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 reimb ursed 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 separ ately 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 sha ll it limit the Consultant ’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(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 re lating 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 su bconsultant 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 c opy 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.

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records directly to th e DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant ’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders s hall 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 Term ination. 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 termina te 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 Ag reement. 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 ma nner 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 Cit y. 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 160
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volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a fina l 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 th at 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 t he respective parties may provide in writing for this purpose:

Consultant: Kimley-Horn and Associates, Inc
3801 University Avenue, Suite 300
Riverside, CA 92501
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ATTN: Davie Cowan, Vice President
City: City of Ontario
303 East B Street
Ontario, CA 91764
ATTN: Henry Noh, Planning Director
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 tan gible 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 Agree ment, 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 retai n 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 follow ing this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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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 t he 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 Con sultant, 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 fre e and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services . Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project . Nothing furnished to Consultant which is ot herwise 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 t o 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 163
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Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

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

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

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

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the w ritten 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. 164
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3.7.15 Waiver. No waiver o f 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 tha n 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, comm ission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement . Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement . Consultant has all requis ite 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
KIMLEY-HORN AND ASSOCIATES, 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 [INSERT NAME OF CONSULTANT]

By:

Its: Vice President
Printed Name: Davie Cowan
By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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

EXHIBIT “A”

SCOPE OF SERVICES
[***INSERT SCOPE***]

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

EXHIBIT “B”

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]

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(BB&K 2017)

Exhibit “C”-1

EXHIBIT “C”

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

May 2, 2025
City of Ontario
Attn: Thomas Grahn
303 East B Street
Ontario, CA 91764
Re: REVISED-Proposal for Professional Environmental/Planning Consulting Services for the City of Ontario Corporate Yard located at 2200 E Philadelphia Street, Ontario, CA 91761.

Dear Mr. Grahn:

Kimley-Horn and Associates, Inc. (“Kimley-Horn”) is pleased to submit this letter proposal to the City of Ontario (“City”) for providing professional services related to the proposed project including the preparation of technical studies and CEQA clearance documents for the proposed development of a n approximately 53.94-acre public works corporate yard generally located at 2200 E Philadelphia Street, Ontario, CA 91761 in the City of Ontario.

Project Understanding
This understanding of the Project is based on information provided by the City, review of records available online, and Kimley-Horn’s understanding of land use, the California Environmental Quality Act (CEQA), and the project scope of work.

The City is proposing the development of an approximately 53.94-acre public works corporate yard with associated infrastructure. The site is currently developed with a golf course and multi -purpose sports fields and other associated infrastructure including parking lots . There are existing industrial developments to the north and east , a wastewater treatment plant to the south, and a hospital to the west. The existing Ontario Plan (TOP) designation for the Project site is Open Space-Non-Recreation and Open Space-Parkland and is zoned as Open Space-Recreation (OS-R).

The City is seeking a consultant to prepare the CEQA document and associated technical studies for the Project. The Scope was prepared based upon City’s Request for Proposal email dated February 5, 2025 .

For the purposes of this proposal, Kimley -Horn assumes that the appropriate CEQA document will be a Environmental Impact Report (EIR). As discussed further below, Kimley -Horn proposes to conduct initial technical analyses and field work as part of the initial mobilization tasks. Based on the results of this initial technical analysis, Kimley-Horn and City staff can decide if an Initial Study/Mitigated Negative Declaration (IS/MND) or other CEQA document may be appropriate. If this occurs, the scope, fee and schedule would all be reduced, as an EIR is the most conservative (and legally defensible) approach.

Qualifications
Kimley-Horn qualifications are on file with the City, submitted as part of the On -call Environmental and Landscape Architecture Statement of Qualification (submitted by Kimley-Horn on October 29, 2024). 170

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Kimley-Horn has extensive relevant experience for this Project, including successfully completing numerous CEQA document for the City, and multi-disciplinary experience with design and environmental compliance for municipal yards and fuel facilities, inclu ding CNG stations and parking structures .

Additional Project team resumes, qualifications and references can be provided upon request.

SCOPE OF SERVICES
Task 1 – CEQA Compliance: Initial Tasks
Kimley-Horn will provide the Scope of Services specifically set forth below. The Scope assumes t he baseline conditions, Project Description, and approach will not change once the City issues the Authorization to Proceed. The Scope also assumes the City will provide one reconciled set of reasonably acceptable comments for each deliverable, and that the comments will not raise new substantive issues requiring re-analysis.

Task 1.1 – Project Initiation and Kick-Off Meeting
Readily available reference data, with planning and policy documentation from the City, state and federal agencies, and other agencies that may be affected by the Project will be gathered and reviewed. Kimley- Horn will assess whether available information is adequate and complete. The City will be notified if additional information is needed. Data obtained through this task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. This Task allows for reconnaissance of the Project site and its surroundings, and a limited photographic recording of on - and off-site conditions. An entitlement schedule will be prepared for review with the City.

This Task includes a Kick-Off Meeting with the City to discuss the CEQA Project in greater detail. This initial meeting is a key milestone, which is vital to the Project’s success and CEQA compliance. The primary objectives will be to confirm the City’s expectations and Project goals and develop/refine the Project Description. The analysis’ parameters, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will d istribute a Kick-Off Meeting Agenda.

This task assumes up to 28 hours of effort.

Task 1.2 – Project Description
The project description is a critical component because it is the basis for the environmental analysis. Based on information provided by the City, Kimley‐Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the project’s location, environmental setting, background and history, project characteristics, construction schedule/phasing, discretionary actions , and all other pertinent information required per CEQA Guidelines Section 15124. Figures will be prepared to depict the regional and site vicinity and key project components to support the environmental analyses. Kimley-Horn will respond to one reconciled set of reasonably acceptable comments on the Draft Project Description. 171

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Kimley-Horn will prepare a Revised Project Description and submit to the City for approval prior to finalizing. This task assumes up to 24 hours of effort.

Task 1.3 – Initial Study / Notice of Preparation (IS/NOP) Kimley-Horn will prepare a Draft IS/NOP for the Project. The NOP will assist in the preparation of the EIR by focusing on the effects determined to be potentially significant. Kimley-Horn will review responses to the NOP and use reasonable professional effort to establish that relevant concerns are addressed in the Draft EIR. Kimley-Horn will correspond with the City, and affected agencies, and use reasonable professional effort to establish that potentially significant regulatory or agency issues are addressed in the Draft EIR. This task assumes the City will provide all mailing and radius lists for the noticing. Kimley-Horn will review the NOP distribution list with the City. Kimley-Horn will distribute the NOP packet to Responsible Agencies and interested parties via Federal Express courier with record of delivery, including State Clearinghouse and the County Clerk as required by CEQA. Distribution of the NOP to the radius list will be completed via First-Class Mail. This scope assumes that a radius list, if required, is provided by the City, and that the City will be conducting AB 52 and SB 18 consultation. Kimley-Horn will also prepare the newspaper notice for City staff review. This task assumes that the City will be responsible for coordinating the notice with newspaper and will be responsible for the payment of any fees associated with notice.

If desired by the City, we could prepare an “expanded” NOP rather than an IS/NOP, which expedites the process, and avoids preparing the IS checklist prior to substantive conclusions and analysis within the technical studies. This task assumes up to 18 hours of effort.

Task 1.4 – Scoping Meeting
Kimley-Horn will work with City staff in arranging and conducting a public scoping meeting for the public and responsible agencies. Kimley-Horn assumes that City staff will provide and arrange for meeting locations. Kimley-Horn will prepare a public scoping meeting notice, assumed to be included with the NOP. Kimley-Horn will attend the public scoping meeting (to be facilitated by City staff), prepare a PowerPoint presentation about the topics that will be addressed in the EIR, and prepare a summary of issues identified at the scoping meeting. This task assumes up to 16 hours of effort.

Task 2 - Technical Studies/Assessments
Task 2.1 – Review of City-Prepared Technical Reports
Kimley-Horn will review City-prepared technical report, studies, and plans. These are assumed as the following:
⚫ Geotechnical Feasibility Study/Geotechnical Analysis (if required/prepared) ⚫ Project Related civil information including conceptual site plans, grading plans, utility plans, and tentative parcel maps (if sought by the City), and ALTAs (if prepared) ⚫ Architectural Plans (including landscape)
⚫ Fiscal Impact Assessment (if available)
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Kimley-Horn will review technical studies/plans provided by the City for adequacy pursuant to CEQA review requirements and the City’s CEQA procedures. Our review will focus on the appropriateness/ thoroughness of the methodology and analysis; whether the analysis’ conclusions are supported by factual/credible evidence; consistency among reports and accurate representation of project -related information; and, whether the analysis meets the applicable CEQA provisions and the State CEQA Guidelines. Written com ments on the technical studies will be provided. Kimley-Horn’s Scope of Work assumes that the City’s consultant team will complete all necessary and requested revisions and forward a revised technical document for each subject area in a timely fashion to maintain the review schedule as noted in this proposal. Upon receipt of the revised technical studies, Kimley-Horn will review the revised reports once and use reasonable professional effort to establish that reasonably necessary and required comments have been addressed and resolved. This task assumes up to 8 hours of effort.

Task 2.2 – Consultant-Prepared Technical Analyses and Engineering Reports Kimley-Horn will prepare the Technical Studies and engineering analyses outlined below. This Scope assumes each Technical Study will undergo one City review cycle, unless otherwise noted. Additional City review cycles are excluded. Unless otherwise requested by the City, the following technical analyses will be incorporated directly into the CEQA document. Additional studies/analyses may be identified during conversations with the City. Additional reviews can be accommodated as an additional service with written authorization from the City and invoice at Kimley-Horn’s then current hourly rate.

NOTE: Each technical study and/or applicable EIR section will address potential impacts associated with the proposed CNG facility, based on readily available information or information provided by the City.

Task 2.2.1 – Air Quality Analysis
Kimley-Horn will assess air quality emissions in accordance with the South Coast Air Quality Management District’s (SCAQMD’s) recommended methodologies set forth in the SCAQMD CEQA Air Quality Handbook.

The analysis will be prepared in accordance with the California Environmental Quality Act (CEQA) criteria, standards, and provisions and will respond to the applicable checklist items within State CEQA Guidelines Appendix G. The following outlines our approach:
⚫ Construction Emissions. Kimley-Horn will calculate construction emissions using the latest version of the California Emissions Estimator Model (CalEEMod). Emissions will be calculated based on the project’s scope, construction schedule and equipment assumptions, and associated vehicle trips. Construction emissions will be compared to the SCAQMD regional thresholds of significance.

Construction-related mitigation will be identified as reasonably required. ⚫ Operational Emissions. Kimley-Horn will quantify the project’s operational emissions (i.e., area, energy, and mobile source) related to area sources and local/regional vehicle miles traveled. The project’s emissions will be compared to the SCAQMD thresholds of significance. Operational mitigation measures will be identified, as reasonably required. 173

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⚫ Localized Impacts. Localized impacts will be analyzed based upon the SCAQMD’s Localized Significance Thresholds (LST) methodology. Odors will be evaluated qualitatively. Applicable mitigation will be identified, as reasonably required.
⚫ Plan Consistency. The project will be evaluated for consistency with the SCAQMD’s Air Quality Management Plans (AQMP). The determination of AQMP consistency is primarily concerned with the long-term influence of a project on air quality in the South Coast Air Basin.

This task assumes up to 61 hours of effort.

Task 2.2.2 – Noise Analysis
The noise analysis will quantify both construction and operational noise levels. The analysis will examine whether the project noise would generate a substantial temporary or permanent increase in ambient noise levels in the project’s vicinity in excess of applicable standards. The following outlines our approach:
⚫ Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted, and short-term noise level measurements will be taken along the project area. Up to six separate short-term (10-minute) noise measurements will be taken to establish baseline noise levels in the project area.
⚫ Construction Noise. Construction noise will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (L max) and hourly equivalent continuous noise levels (L eq) and the frequency of occurrence at adjacent sensitive locations. ⚫ Vibration. The construction vibration impacts analysis will be based on the Federal Transit Administration’s (FTA’s) guidance. Impacts will be evaluated based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. The an alysis will examine whether the project would generate excessive groundborne vibration. ⚫ Operational Noise. Kimley-Horn will analyze noise impacts from on -site noise to the adjacent uses. Project operational noise levels will be assessed against the applicable Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. Stationary noise source s will be quantitatively assessed. On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. FHWA Traffic Noise Prediction Model (FHWA -RD-77-108). Modeled traffic noise levels and predicted increases for the m odeled scenarios will be summarized in the analysis. Roadway traffic noise modeling will be based on roadway volumes and distribution included in the traffic impact analysis.

This task allows for direct reimbursable expenses up to $ 250 for expenses related to the preparation of the Noise Memorandum. These expenses include, but are not limited to, mileage, noise equipment/monitoring equipment fees, etc. This task assumes up to 66 hours of effort. 174

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Task 2.2.3 – Greenhouse Gas Emissions Analysis
The analysis will evaluate the project’s potential contribution to cumulative impacts environmental effects of climate change and whether the project would affect the State’s ability to achieve established greenhouse gas (GHG) reduction goals. Kimley -Horn will calculate GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). Construction GHG emissions will be amortized into the total GHG emissions. GHG emissions will be quantified with CalEEMod.

Project-related GHG emissions will be assessed against the City’s Climate Action Plan (CAP) screening tables and consistency with the Climate Action Plan policies, as well as other applicable regional/statewide GHG emissions reduction strategies such as th e CARB Scoping Plan and the Regional Transportation Plan/Sustainable Community Strategy for the Southern California Association of Governments (SCAG) region. This task assumes up to 44 hours of effort.

Task 2.2.4 – Energy Analysis
Kimley-Horn will analyze the project’s energy implications pursuant to State CEQA Guidelines Section 15126.2(b) and State CEQA Guidelines Appendix F. The analysis will describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. The analysis will evaluate energy consumption associated with short -term construction activities, long -term operations, buildings, and transportation-related energy during construction and operation. This task assumes up to 36 hours of effort.

Task 2.2.5 – Health Risk Assessment
A Health Risk Assessment (HRA) is recommended due to the proximity of sensitive receptors (i.e., the adjacent hospital and nearby residences ). During construction, the primary TAC of concern would be diesel particulate matter (DPM) from on -site off -road equipment and heavy -duty trucks. TAC sources during operations would include trucks accessing the site. The quantitative impact analysis invol ves the following:
⚫ Construction diesel particulate matter (DPM) emissions rates will be derived from on - and off- road emissions quantified in the Air Quality Assessment. ⚫ Operational DPM sources will be quantified based on CARB’s emissions factors and anticipated truck activity. DPM emissions will be based on the truck trip percentages and daily trip rates and fleet mix from the Transportation Impact Assessment.
⚫ Pollutant concentrations will be projected at the nearest off -site sensitive receptors for construction and onsite sensitive receptors for operations using the American Meteorological Society (AMS)/U.S. Environmental Protection Agency (EPA) Regulatory Mode l (AERMOD), as required by the SCAQMD to conduct dispersion modeling.
⚫ The modeled concentrations are then used to estimate the increased cancer risk and health hazard as described in the California Environmental Protection Agency’s Office of Environmental 175

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Health Hazard Assessment (OEHHA) Air Toxics Hot Spots Program Risk Assessment Guidelines - The Air Toxics Hot Spot Program Guidance Manual for Preparation of Health Risk Assessment.

The assessment will present background information on DPM and its health risks, the assumptions used for the modeling and modeling methodology and the results of the analysis. This task assumes up to 46 hours of effort.

Assumptions and Limitations for Tasks 2.2.1 through 2.2.5 ⚫ Kimley-Horn will be provided the following project detail to support the analysis:
▪ Site plans and latest project narrative.
▪ Project narrative identifying type of development, land use designations, stationary equipment, off-site improvements, and any other relevant project details. ▪ Traffic data will include daily trip generation, vehicle miles traveled (VMT) data, and roadway segment Average Daily Traffic (ADT) volumes.
▪ Construction phasing as well as demolition, grading, excavation, and paving quantities. ▪ Energy/water conservation measures and sustainable project features that will be incorporated into the design.

Task 2.2.6 – Cultural and Paleontological Resources Assessment Kimley-Horn will prepare a Cultural and Paleontological Resources Assessment for the Project pursuant to the California Environmental Quality Act (CEQA). The objective of these efforts is to determine whether the Project contains, or could reasonably contain, cultural or paleontological resources and if the Project would have a significant effect on the environment due to circumstances concerning these resources.

Research
Cultural resources management staff will conduct a records search at the South Central Coastal Information Center (SCCIC) and submit a record search request to the Native American Heritage Commission (NAHC) to ascertain if any previously recorded cultural resources or documented sacred lands files are located within the Project area or vicinity. Staff will also submit a paleontological record search to the Natural Historic Museum of Los Angeles County (NHMLAC) and review online databases at the UC Berkeley Museum of Paleontology to identify any paleontological resources within the project area or similar contexts. Staff will additionally research geomorphology and land use history of the project area through review of historic aerials, topographic maps, etc.

Fieldwork
Cultural resources management staff will conduct a pedestrian survey of the entirety of the project area, not to exceed 54 acres. Survey will be conducted via 15 meter transects and will be non -collective. All cultural resources will be recorded on site records, specifically CA DPR 523 series forms, and evaluated for potential eligibility for listing in the California Register of Historical Resources (CRHR). 176

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Report
A Cultural and Paleontological Resources Assessment will be produced that will include sections for project description, project setting (environmental, cultural, and historical), methodology, significance evaluations, and recommendations. Applicable maps and all site records will be included within the report. This scope includes up to one (1) round of revision to the report based on review by the Lead Agency. The report will be submitted to the SCCIC once deemed acceptable and final by the Lead Agency.

This task allows for direct reimbursable expenses up to $1,000 to include mileage, meals, information center searches, and other expenses as required. This task assumes up to 52 hours of effort.

Task 2.2.7 – Phase I Environmental Site Assessment
Kimley-Horn will prepare a Phase I ESA for the Project. Kimley-Horn’s scope of services for conducting the Phase I ESA consists of the sub-tasks set forth below. The following sub-tasks refer to only that information that is defined as reasonably ascertainable (ASTM E 1527-21, 3.2.72).

Records Review
This task will be conducted by Kimley -Horn consistent with ASTM E 1527 -21, 8.0, and will consist of the following:
a. Record Search – An environmental database search will be prepared encompassing the minimum search distances listed in ASTM E1527 -21, 8.1.2.1. This report will be reviewed for known and suspect contaminated sites. Where available, local environmental agency , and other local governmental authority files, as defined in ASTM E 1527 -21, 8.2.3.1 may be reviewed, if the Environmental Professional determines the files to be reasonably ascertainable and relevant to the successful completion of the Phase I ESA. This scope of work assumes that searches can be completed utilizing existing online database research. Should additional research include review of paper files as regulatory agencies be required, the additional research shall be considered additional services.
b. IC/EC Registries – Kimley-Horn will review readily available databases on institutional and engineering (IC/EC) controls and Activity Use Limitations (AULs). c. Title Search and Judicial Records – Kimley-Horn will review these documents as provided by the City.
d. Aerial Photograph Review – Kimley-Horn will retrieve and review readily available historical aerial photographs of the site and the surrounding vicinity. Aerial photographs will be researched to the earliest date that is reasonably obtainable.
e. Review of Local City Directories and Historical Maps – Kimley-Horn will obtain and review readily available historical city directories, fire insurance maps, and historical topographic maps. 177

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f. Other Historical Sources - Should Kimley-Horn determine that other non-traditional sources may provide information relevant to the completion of the Phase I ESA; these sources will be reviewed and documented.

Site Reconnaissance
Kimley-Horn will conduct a site reconnaissance consistent with ASTM E 1527 -21, 9.0. The Site Reconnaissance will be non -invasive. We will not collect and/or analyze any samples. The site reconnaissance will include, per City direction, observation of, or observation of the likelihood of, PCBs, septic tanks, and evidence of mold. We assume that we will be allowed appropriate access to all areas of the site and that the site reconnaissance will be conducted as a single event. A t the time of site reconnaissance all existing buildings will be vacant. Should an additional site reconnaissance be required due to access limitations, the additional site reconnaissance shall be considered additional services.

Interviews
Consistent with ASTM E 1527 -21, 10.5.2.3, Kimley-Horn will make a reasonable attempt to conduct the following interviews:
a. Kimley-Horn will attempt to interview current and past owners, operators and occupants of the property that have or are likely to have material information regarding uses, physical characteristics, and the potential for RECs at the subject property consistent with ASTM E 1527 - 21 sections 10.5.1, 10.5.2, 10.5.2.1, 10.5.2.2, and 10.5.4. b. In the case of abandoned properties as defined in ASTM E 1527-21, 3.2.1, where there is evidence of uncontrolled access or unauthorized uses, Kimley -Horn will attempt to interview current neighboring or nearby property owners (ASTM E 1527-21, 10.5.5). c. Kimley-Horn will attempt to interview one or more of the following state or local agencies as defined in ASTM 1527-21, 11:
a. Local fire department
b. State and/or local health agency
c. State and/or local environmental regulatory agency
Vapor Evaluation
ASTM E1527-21 standardizes the terms “release” and “migration” to be consistent with those used in CERCLA and AAI, such that potentially harmful vapors must be evaluated during the completion of a Phase I ESA. Kimley -Horn will assess the potential for a V apor Encroachment Condition (VEC) to exist in the subsurface of the subject property. A VEC is defined as the presence or likely presence of contaminants of concern (COC) vapors caused by the release of hazardous substances and/or petroleum products into soil and/or groundwater. ASTM E1527 -21 does not identify any specific tools for evaluating vapor migration beyond the standard methodologies used for identifying releases or potential releases to subsurface media (i.e., compliance with ASTM E2600-22 is not required). 178

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Report Preparation
Upon completion of the aforementioned sub -tasks, Kimley -Horn will prepare a summary report of the results of the Phase I ESA Update as outlined in Appendix X4 of ASTM E 1527-21. Kimley-Horn will provide the report to the City in electronic format (portable document format).

This task assumes up to 38 hours of effort.

Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
⚫ Physical observation of the roof, and building systems including, but are not limited to plumbing, electrical, fire sprinkler and mechanical systems.
⚫ Hazardous building material survey including but are not limited to asbestos and lead based paint. ⚫ Physical observation of occupied existing buildings.
⚫ Phase II Environmental Site Assessment or other supplemental evaluations Information Provided by Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City’s consultants or representatives. The City shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:
⚫ As-Built record drawings of any structures and site
⚫ Site plan (electronic PDF format)
⚫ Title Report
⚫ Contact information for current and past owners
⚫ 50-year chain of title
⚫ Completed Phase I ESA User Questionnaire
⚫ If the above information is not provided to Kimley -Horn, then the missing information will be listed as a limitation in the Phase I ESA as defined in ASTM E 1527-21.

This task allows for direct reimbursable expenses up to $450.

Task 2.2.8 – Biological Resources Assessment
Cadre Environmental (Cadre), a subconsultant of Kimley -Horn and Associates, Inc., shall perform the following scope of work:
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Biological Resources Habitat Assessment
Prior to visiting the Project Site, Cadre will conduct a desktop analysis of the Project Site by reviewing aerial photography and querying relevant biological resource databases to prepare for the field survey.

Databases to be reviewed include the California Natural Diversity Database (CNDDB), California Native Plant Society (CNPS) Electronic Inventory, United States Fish and Wildlife Service (USFWS) species’ occurrence database, USFWS Informat ion for Planning and Conservation (IPaC), National Hydrography Dataset (NDH)/National Wetlands Inventory (NWI) database, and Natural Resources Conservation Service (NRCS) soils maps. Following the initial research, the Cadre will conduct vegetation mapping at the Project Site and perform general surveys for plant and wildlife species. Cadre will also perform an assessment of the potential for the site to support special -status plants, animals, and/or habitats, including, but not limited to:
⚫ federal/state listed sensitive plants
⚫ Crotch’s bumble bee
⚫ Delhi sands flower-loving fly (including review of suitable soils) ⚫ coastal California gnatcatcher
⚫ least Bell’s vireo
⚫ southwestern willow flycatcher
⚫ burrowing owl
⚫ San Bernardino kangaroo rat
No focused or protocol surveys for special-status plants or animals will be conducted as part of this task, but the location of sensitive species, if observed, will be documented. Cadre will also conduct a reconnaissance-level aquatic resources assessment and the approximate boundaries of such areas will be mapped if present. Note that this cost includes constraints -level aquatic resource mapping for project planning purposes only; a formal wetland delineation per U.S. Army Corps of Engineers (Corps) proto col is not included in this scope and cost.

Documentation – Biological Resources Technical Report
Following the field survey, a biological resources technical report (BTR) summarizing the results of the vegetation mapping, general biological surveys, and the reconnaissance-level assessment for potentially jurisdictional aquatic resources (i.e., streambeds, wetlands, etc.) will be prepared. The report will include a discussion of the sensitivity of biological resources on site and the potential for special-status species to occur. The report will quantify and discuss the proposed impacts of the p roject based on the project impact footprint (provided to Cadre as a georeferenced CAD file). A discussion of potential impacts on biological resources, as well as potential state, and federal permitting issues, if applicable, will also be included in the report. The report will include sufficient detail to perform CEQ A significance criteria analysis as well as recommended mitigation and avoidance measures for project impacts, if reasonably 180

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required. One (1) round of revisions from the project team will be incorporated into a final version of the report following the initial draft submittal and review. Following editorial input from the project team, a final version will be submitted in PDF format. This scope and cost assume analysis of one project alignment/impact area (to be provided to Cadre as a single georeferenced CAD file). If project plans are changed after biological impact analysis is initiated, please note that additional work bey ond the scope and cost outlined herein may be required. The report will also address biological elements of the following City guidelines, as warranted:
⚫ The Ontario Plan 2050 – Environmental Resources Element ⚫ City of Ontario Municipal Codes
This task specifically excludes efforts related to focused surveys, regulatory permitting, and mitigation site planning and design.

Task 2.2.9 – Crotch’s Bumble Bee Focused Surveys
Cadre Environmental, a subconsultant of Kimley -Horn and Associates, Inc., shall perform the following scope of work should focused surveys be required resultant of the Biological Resources Assessment prepared as a part of Task 2.2.8:

If suitable foraging and nesting habitat for the Crotch’s bumble bee is documented onsite, focused presence/absence surveys will be initiated based on the CDFW Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species Guidelines (June 6th, 2023). Focused surveys will be initiated during the colony active period and when floral resources are present for the species. Specifically, three (3) survey will be conducted with at least two (2) weeks between surveys from April to June. All regions within the Study Area where suitable floral resources are present will be surveyed by walking meandering transects at least one (1) hour after sunrise and/or at least two (2) hours before sunset (ideally between 9am and 1pm) on warm sunny days with winds below 8 mph.

Focused surveys would be conducted for a minimum of one person-hour of searching per three (3) acres of suitable habitat. Bumble bees will be captured with a net from blooms, avoiding destruction of the flower when possible. Each bee will be carefully transferred into a sterile vial and moved to a cooler with only one bee per vial to avoid disease spread. The bee will be kept in the vial for no more than 10 minutes in ambient temperature before being placed in a cooler as they have a tendency to over-heat (the amount of time will be decreased on hotter days). The vial will be placed in a cooler at a temperature above 25 degrees F, as lower temperatures could freeze and kill the bee.

The results of the focused surveys will be summarized in a letter report including graphics and recommendations, if detected.

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Task 2.2.10 – Traffic Scoping Agreement
⚫ Obtain a copy of the project site plan for the proposed project, including building square footages and uses, site layout, site driveways, parking supply, and any other site features that will affect the traffic analysis.
⚫ Develop project trip generation estimates for the proposed project using trip rates based the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition). The trip generation estimates will include appropriate trip credits for pass-by trips. ⚫ Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of employees and customers, and current traffic patterns in the area. ⚫ Run initial VMT screening per City of Ontario VMT requirements and the SBCTA Guidelines.

Kimley-Horn will coordinate with the lead agency regarding their planned approach to establishing thresholds and methodologies for the VMT analysis. This task does not include a quantitative VMT analysis (modeling required). If the City requires a quantitative VMT analysis, Task 2.2.12 would be required.
⚫ Prepare and submit a Traffic Study Scoping Agreement, identifying the project description, project trips, trip distribution, study scenarios, and proposed study intersections. If, after consultation with the City, the Scoping Agreement requires additional study locations or analysis tasks, this scope and fee will be adjusted accordingly. We will address up to one (1) round of consolidated comments from the City.
⚫ If City staff determines a Traffic Impact Analysis (TIA) is not required after review of the Traffic Study Scoping Agreement, Task 2.2.11 could be reduced in scope/budget for only the information necessary for the air quality, GHG, HRA and noise studies.

This task assumes up to 20 hours of effort.

Task 2.2.11 – Traffic Impact Analysis
⚫ Collect morning (7:00am – 9:00am) and evening (4:00pm – 6:00pm) peak period turning movement volumes at the study intersections. Traffic counts will be conducted on a typical weekday (Tuesday through Thursday). For budgeting purposes, this scope assumes u p to fifteen (15) study intersections.
⚫ Collect 24-hour roadway segment counts on one (1) typical weekday at up to ten (10) roadways segments.
⚫ Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified.
⚫ Obtain a list of approved and pending projects from City staff to develop traffic forecasts for cumulative conditions.
⚫ Summarize operating conditions at the study intersections for the following scenarios:
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▪ Existing Conditions
▪ Opening Year (Existing + Ambient Growth + Cumulative Projects) ▪ Opening Year Plus Project
▪ 2050 Horizon Year Without Project
▪ 2050 Future Build-Out With Project
⚫ Develop Horizon Year forecast volumes based on SBTAM model plots and B-turns methodology. ⚫ Identify project impacts, and any mitigation measures, as reasonably required. ⚫ The TIA will include a brief evaluation of site access and site circulation. ⚫ Prepare a stand-alone TIA per City of Ontario guidelines summarizing our analysis and findings for submittal to the City for review and comment. We will address up to two (2) rounds of consolidated comments from the City.
⚫ Attendance at meetings are not included in the scope. If requested, attendance at meetings with team members, City staff, or at public meetings and public hearings will be billed in accordance with our then-current hourly billing rate schedule.

This task assumes up to 180 hours of effort. This task allows for direct reimbursable expenses up to $3,900 to be allocated for traffic count collection.

Task 2.2.12 – Vehicle Miles Traveled Assessment
Based on the intended use of the proposed project site, the fact it serves a largely existing employee base, and its local -serving nature, it is assumed the project would screen out of quantitative VMT analysis.

However, in the event quantitative VMT analysis is required, Kimley -Horn will provide the following as part of this task:
⚫ Kimley-Horn will code land use information into the project’s representative Traffic Analysis Zone (TAZ) within the SBTAM travel demand model (TDM). The SBTAM TDM uses the SCAG TransCad model. The resultant VMT output and interim model files will be used t o determine the Home - based VMT per service population for the proposed project. Note that this will require deconstructing the model output sufficiently so that both the trip purposes and trip lengths for each contributing part of the project’s VMT from ot her sources can be completed. The process undertaken will be consistent with OPR guidance.
⚫ Identify applicable mitigation measures for reducing VMT impacts determined to be potentially significant, consistent with City guidelines.
⚫ Prepare a VMT Analysis Memorandum summarizing the results of the quantitative VMT analysis. ⚫ Revise the VMT Analysis Memorandum to respond to one (1) round of City review comments, to the extent that the revisions are within the approved scope of services and that no new data collection or additional analysis is required.
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This task assumes up to 76 hours of effort.

Assumptions and Limitations – Task 2
⚫ This scope accommodates revisions based on one consolidated set of comments to the extent that the revisions are within the approved scope of services and that no new modeling or additional analysis is required. Additional comments can be addressed on a ti me and materials basis.
⚫ This scope assumes the baseline conditions, project description, and approach will not change once City issues the Authorization to Proceed (ATP). Revisions or changes to the project that require re-analysis are excluded.
⚫ Deliverables will be provided as expeditiously as practicable with the goal of approximately 8 weeks of receipt of the requested data.
⚫ Deliverables will be provided electronically.

Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following:

1. Phase II Environmental Site Assessment

2. Alta and other survey services

3. Engineering Services

4. FAA Form 7460-1

5. Additional biological sensitive resources focused/protocol surveys

6. Biological or Archaeological construction monitoring

7. Any other services not expressly included above.

Task 3 – Environmental Impact Report
It is currently assumed that an Environmental Impact Report will be the required document for the Project. If based on the results of the initial technical studies the City, as the Lead Agency, believes that the Project could be adequately addressed and analyzed in a Mitigated Negative Declaration (MND), this scope and fee can be modified down to accommodate this.

Kimley-Horn proposes to initiate the Notice of Preparation (NOP) process concurrently with the preparation of technical studies to assist in the scoping of the EIR and in the determination of the adequate environmental documentation required.

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Task 3.1 – Prepare the Administrative Draft EIR
This task includes p reparation of the preliminary Administrative Draft EIR (ADEIR). The ADEIR will be prepared according to the State CEQA Guidelines and City CEQA procedures. The EIR will also incorporate City-supplied reports and studies noted above and in the RFP. This proposal assumes that any information related to site civil engineering or entitlement applications is provided by the City, including on-site and off-site water, wastewater, drainage and dry utility improvements, as well as site grading, landscaping and lighting. Kimley-Horn assumes that the City’s technical team will be available to respond to data requests in support of applicable EIR technical studies and associated EIR sections, during Draft EIR and Final EIR preparation, and will attend Project and public meetings as determined appropriate by City staff.

The Administrative Draft will address issues summarized below. For the Alternatives analysis, Kimley-Horn assumes that these are qualitative analysis or utilize readily available quantitative data from the technical studies. Up to five alternatives are ass umed to be analyzed , including the required No Project (No Development) alternative. Other alternatives assumed include the Alternative Site and Environmentally Superior Alternative. Other alternatives to be analyzed shall be determined through coordination with the City and as a part of Task 1. The alternatives will be refined and discussed with City staff as part of the EIR preparation, to focus on avoiding or reducing any of the Project’s unavoidable significant environmental impacts.
⚫ Executive Summary
⚫ Introduction and Purpose
⚫ Project Description
▪ Summary
▪ Project Location
(Regional and Local Vicinity)
▪ Surrounding Land Uses
▪ Project Setting
▪ Project Characteristics
▪ Project Objectives
▪ Project Application and Discretionary Actions
▪ Intended Use of the EIR
⚫ Environmental Setting, Impacts, and Mitigation Measures (the following analysis chapters are assumed to be included)
▪ Aesthetics/Light & Glare
▪ Agricultural Resources
▪ Air Quality
▪ Biological Resources
▪ Cultural Resources
▪ Energy
▪ Geology and Soils
▪ Greenhouse Gases
▪ Hazards and Hazardous Materials
▪ Hydrology and Water Quality
▪ Land Use Planning
▪ Mineral Resources
▪ Noise
▪ Population and Housing
▪ Public Services ▪ Recreation
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▪ Transportation/Traffic
▪ Tribal Cultural Resources
▪ Utilities and Service Systems
▪ Wildfire Hazards
⚫ Cumulative Impacts
⚫ Additional CEQA Considerations (including Significant Irreversible Environmental Changes, Growth-inducing Impacts)
⚫ Effects Found not to be Significant
⚫ EIR Consultation and Preparation
⚫ References
This task assumes up to 370 hours of effort.

Task 3.2 – Preparation of Draft EIR
Kimley-Horn will respond to two (2) rounds of consolidated comments from the City. Kimley-Horn will prepare two (2) rounds of revisions to the ADEIR and prepare a Draft EIR for final review by City staff prior to public circulation. This task assumes that City comments will be limited to review/comment on adequacy of addressing prior round comments, that revisions will be relatively minor, comments will not raise new substantive issues, and that no new technical analysis will be required. Once the City staff conducts their final review of the Administrative Draft EIR, Kimley-Horn will print the Draft EIR for public circulation and review. Kimley-Horn will produce five (5) print copies of the Draft EIR with technical appendices provided on a USB thumb drive.

Kimley-Horn will produce the Draft EIR for the required 45 -day public review period. Kimley -Horn will prepare a Notice of Availability (NOA) for the proposed project. This scope assumes that the City will be responsible for the coordination and the payment of fees required for the publishing of all public noticing in the newspaper. Kimley-Horn will also prepare a Notice of Completion (NOC) and State Clearinghouse Summary Form for submittal to the Office of Planning and Research (OPR). Kimley-Horn may upload the documents to the State Clearinghouse on the City’s behalf, if requested, otherwise, this task assumes that the City will be responsible for the uploading of documents to the State Clearinghouse. This task assumes that Kimley-Horn will be responsible for mailing and posting of notices associated with the Draft EIR , unless otherwise previously noted. Kimley-Horn will distribute the NOA to agencies, Tribal governments, and the interest list via Federal Express with record of delivery, distribution to the radius list will be completed via First -Class Mail or other acceptable method providing a record of delivery . This task assumes that the City will provide all mailing and radius lists for the noticing.This task assumes up to 214 hours of effort. This task allows for direct reimbursable expenses up to $6,500 to account for printing of up to 5 copies of the Draft EIR, shipping, mailing and distribution of notices, etc.

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Task 3.3 – Preparation of Final EIR
Final EIR
The Final EIR is assumed to consist of the “Comments and Responses” section, Draft EIR Errata, and Appendices. Kimley-Horn will prepare and post the Notice of Determination for the Project.

Task 3.3.1 – Response to Comments
Kimley-Horn will respond to written comments received on the Draft EIR during the 45-day public review period. The Draft Responses to Comments will be prepared for review by the City staff. This proposal allows for forty (40) hours of technical team support on responses to comments (authors of technical studies or peer review noted in Task 2).

Following review of the Draft Responses to Comments, Kimley-Horn will finalize this section for inclusion in the Final EIR. Kimley -Horn will distribute the Response to Comments packet to Responsible Agencies, as required by CEQA. An initial estimate of 100 hours has been provided for budgeting and scheduling purposes. When Kimley-Horn reaches 80% of the budgeted fee, we will communicate the budget status and estimate to completion. This task assumes up to 135 hours of effort.

Task 3.3.2 – Errata and Preparation of the Final EIR
Kimley-Horn will prepare an Errata section for inclusion with the Responses to Comments document, identifying proposed changes to the Draft EIR, based on public comments or staff -initiated technical corrections. This task assumes 20 hours of effort.

Kimley-Horn will assemble the Comments and Responses section, Draft EIR Errata, and all appendices into the Final EIR document for City final review prior to circulation as part of the Planning Commission Staff Report and Agenda Packet. This task assumes t hat review will be minor and consist of grammatical and typographical corrections. This task assumes up to 20 hours of effort.

Task 3.3.3 – Notice of Determination
Following the City’s certification of the EIR and approval of the Project, Kimley-Horn will prepare and file the Notice of Determination (NOD) with the County Clerk of the Board of Supervisors. The NOD will be filed within five (5) business days of Project approval, as required by the CEQA guidelines. Kimley-Horn assumes that all filing fees are to be provided by the City. All filing fees at the County Clerk of the Board of Supervisors are required to be made by cash or check. Checks must be paid to the order of the “County Clerk of the Board of Supervisors.” If requested by the City, Kimley-Horn may pay the filing fees and the filing fees will be invoiced as a direct reimbursable expense and subject to a 15% surcharge. Kimley-Horn does not guarantee Project approval by the appropriate deliberative body. This task assumes up to 5 hours of effort.
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Task 3.3.4 – Mitigation Monitoring and Reporting Program In compliance with CEQA Guidelines Section 21081.6, Kimley -Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through coordination with City staff. The Mitigation Monitoring and Compliance Program will incorporate all miti gation measures from the EIR. Kimley-Horn will prepare a Draft Mitigation Monitoring and Reporting Program that will be submitted to City for review. Kimley-Horn will respond to one set of City comments on the Draft Mitigation Monitoring and Reporting Program. This document will be attached to the City’s staff report and resolution for Project approval, and provided to the City staff in electronic format (staff report to be prepared by City staff or others). This task assumes up to 18 hours of effort.

Task 3.3.5 – Findings and Statement of Overriding Considerations Kimley-Horn will prepare a Statement of Facts and Findings to be defined through working with City staff.

Kimley- Horn will also assist staff in preparing a draft Statement of Overriding Considerations, if required pursuant to the findings of the EIR, for use by City staff in the Resolution. The Findings will address relevant environmental issue areas. This task assumes up to 38 hours of effort.

Task 4 – Project Meetings and Coordination
Task 4.1 – Project Meetings and Management
Kimley-Horn will provide project meetings and coordination on a Time and Materials basis, as required by the City and provide coordination and assistance through the CEQA process as defined below:
⚫ Project Management: Kimley-Horn will coordinate with the City staff, technical staff, and support staff, toward the timely completion of the EIR. Kimley-Horn will also consult with the Project Team on a regular basis and provide updates to the schedule, consisting of informal weekly updates and formal monthly status reports. The Project Management task is based on a 10 -month schedule, assuming 6 hours per month of management related activity for a total of 60 hours. ⚫ Subconsultant Management: Kimley-Horn will coordinate with subconsultant staff. Efforts related to subconsultant management include preparation of subconsultant agreements, processing and payment of subconsultant invoices, review of subconsultant deliverables, and coordination with subconsultants. This task includes up to 10 hours of effort. ⚫ Project Team Meetings : It is the goal of Kimley -Horn to serve as an extension of City staff throughout the duration of the Project. Kimley -Horn will be available to meet with City staff to discuss particular Project parameters. This task allows for a maximum of 25 total meetings via telephone or video conferencing. Additional meetings or in person meetings can be attended on a time and materials basis. This scope assumes one (1) hour per meeting for two (2) Kimley-Horn staff to account for preparation, meeting attendance, and follow-up coordination. This task allows for up to 50 hours.

The Project Manager will participate in project meetings/conference calls, including the kickoff meeting, and public hearings (preparation and attendance). Participation in and attendance at additional meetings 188

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and/or the need for additional management efforts exceeding the budget allocation will require an amendment or would be billed on a time-and-materials basis.

Task 4.2 – Public Hearings Attendance
Kimley-Horn will provide public hearing attendance on a Time and Materials basis, as required by the City as defined below:
⚫ Project Hearings: Kimley-Horn will attend public hearings held for the proposed Project. These hearings may include the Planning Commission hearing on the Draft EIR and City Council Hearing pertaining to the approval of the proposed Project. This task assumes up to two (2) hearings. This task includes a budget of up to 24 hours total for the attendance at hearings by two (2) technical staff (staff who prepared technical studies as a part of Task 2) at each hearing. This task assumes attendance by the Proje ct Manager and Project Director at each hearing, assuming 6 hours per hearing for a total of 24 hours and a combined total of 48 hours. ⚫ Additional meetings can be attended on a time and materials basis. This task assumes that City staff will provide any required public hearing notice(s), if not already provided in the Draft EIR NOA. This task assumes that City staff will be responsible for the preparation of any staff presentations during all public hearings.

Additional Services
Any services not specifically provided for in the above Scope, if requested by the City, will be billed as additional services and performed at our then-current hourly rates.

Information Provided by Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City’s consultants, Architects, Engineers, or representatives. The City shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:
⚫ Proposed Project Plans (high resolution);
⚫ City-Prepared Studies;
⚫ Completed Construction Questionnaire (provided to City by Kimley-Horn); ⚫ Preliminary Title Report;
⚫ Existing easement documentation;
⚫ Access to the Site; and
⚫ Site plan, elevations, landscape plans, etc. necessary to complete the Project submittal.

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Schedule
Refer to Attachment A.

Fee and Expenses
Refer to Attachment B.

Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Ontario.

Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information:
____ Please email all invoices to ___________________________ ____ Please copy _______________________________________ To proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter.

To ensure proper setup of your projects so that we can get started, please provide a n executed Professional Services Consulting Agreement reflecting the above scope and fee and complete the attached Request for Information. Failure to supply this information could result in delay in starting work on your project.

We appreciate the opportunity to provide these services to you. Please contact me at [email protected] if you have any questions.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Miles Eaton, PE Kevin Thomas, CEP Davie Cowan, PE Project Manager Principal-in-Charge, Senior Associate Vice President CA PE No: 86803

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City of Ontario
SIGNED:

PRINTED NAME: ________________________
TITLE: _________________________________
DATE: _________________________________

Client’s Federal Tax ID: _________________________
Client’s Business License No.: ____________________
Client’s Street Address: _______________________
_______________________

Attachment – Example Project Schedule
Attachment – Fees and Expenses Table
Attachment – Request for Information
Attachment – Standard Provisions
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Request for Information
Please return this information with your signed contract; failure to provide this information could result in delay in starting your project.

Client Identification
Full, Legal Name of Client

Mailing Address for Invoices

Contact for Billing Inquiries
Contact’s Phone and e-mail
Client is (check one) Owner Agent for Owner Unrelated to Owner

Property Identification
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Street Address

County in which
Property is Located

Tax Assessor’s
Number(s)

Property Owner Identification
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name

Owner(s) Mailing
Address

Owner’s Phone No.

Owner of Which
Parcel #?

Project Funding Identification – List Funding Sources for the Project

Attach additional sheets if there are more than 4 parcels or more than 4 owners.

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KIMLEY-HORN AND ASSOCIATES, INC.

STANDARD PROVISIONS

1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement (“Services”). Any services that are not set forth in the scope of Services described herein will constitute additional services (“Additional Services”). If requested by the Client and agreed to by Kimley -Horn, Kimley-Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon K imley-Horn’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in -house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost.

2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley -Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.
h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project.

3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for perform ance shall be extended as necessary for delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn’s compensation shall be renegotiated.

4) Method of Payment. Client shall pay Kimley-Horn as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Kimley-Horn a time price differential of one and one-half percent (1.5%) of the outstanding amount of e ach invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley -Horn and applied against the final invoice. If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, Kimley -Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment.
b. The Client will remit all payments electronically to:

Account Name: KIMLEY-HORN AND ASSOCIATES, INC.

Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94104 Account Number: 2073089159554
ABA#: 121000248
c. The Client will send the project number, invoice number, and other remittance information by e -mail to [email protected] at the time of payment.
d. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley-Horn’s invoice within 60 days of receipt, Kimley -Horn may communicate directly with such third party to secure payment.
e. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due.
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f. If Kimley-Horn initiates legal proceedings to collect payment, it shall recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees.
g. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley- Horn may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appe ar on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client.

5) Use of Deliverables. All documents, data, and other deliverables prepared by Kimley -Horn are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of Kimley-Horn’s deliverables, or any reuse of the deliverables without written authorization by Kimley- Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn’s electronic files and source code remain the property of Kimley-Horn and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the deliverables prepared by Kimley-Horn, the hardcopy shall govern.

6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates (“Intellectual Property”) in the performance of this Agreement. Intellectual Property, for purposes of this section, does not include deliverables specifically created for Client pursuant to the Agreement and use of such deliverables is governed by section 5 of this Agreement. Unless explicitly agreed to in w riting by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn’s services include providing Client with access to or a license for Kimley-Horn’s (or its affiliates’) proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-horn.com/khts-software-license-agreement (“the License Agreement”) which terms are incorporated herein by reference.

7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley -Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cos t. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services.

8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination.

9) Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley -Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client.

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10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley-Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley -Horn and Kimley -Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs, attorneys’ fees, or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley- Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn.

11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.

12) Construction Costs. Under no circumstances shall Kimley -Horn be liable for extra costs or other consequences due to changed or unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.

13) Certifications. All requests for Kimley -Horn to execute certificates, lender consents, or other third -party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution.

Kimley-Horn shall not be required to execute certifi cates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which Kimley -Horn does not have actual knowledge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility.

14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes.

15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley -Horn's services will be limited to analysis, recommendations, and reporting, including, when agr eed to, plans and specifications for isolation, removal, or remediation. Kimley -Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated.

16) Construction Phase Services.
a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's visits will be for the purpose of observing construction and reporting to the Client whether the contractors’ work generally conforms to the construction documents prepared by Kimley-Horn. Kimley-Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely respo nsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor’s general liability insurance policy.
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17) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and Kimley -Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley -Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants.

18) Confidentiality. The Client consents to the use and dissemination by Kimley -Horn of photographs of the project and to the use by Kimley -Horn of facts, data and information obtained by Kimley -Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley -Horn shall use reasonable care to maintain the confidentiality of that material.

19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or under standings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley -Horn. If Client requires Kimley -Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley -Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability wi thout invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.

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ATTACHMENT A Example Project Schedule for the City of Ontario Corporate Yard located at 2200 E Philadelphia Street, Ontario, CA 91761

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Schedule
We will provide our services once Kimley-Horn has received written approval of this Agreement and as expeditiously as practicable to meet our mutually agreed upon schedule as prepared in Task 1.1. A sample schedule, subject to change, is provided below:

NTP Week 0
Project Kick-Off Week 1
Kimley-Horn Prepares NOP Week 2
Kimley-Horn Prepares Project Description Week 2
City Reviews Administrative Draft NOP Week 3
Kimley-Horn Prepares Check Copy NOP Week 4
City Approves Check Copy NOP Week 5
Kimley-Horn Completes/Publishes IS/NOP Week 5
30-Day NOP Public Review Weeks 6 - 9
Scoping Meeting Week 8
Kimley-Horn Prepares Technical Studies Weeks 1-12
City Review of Kimley-Horn Technical Studies Weeks 13-16 Kimley-Horn Prepares Administrative Draft EIR Weeks 1-18 City Reviews Administrative Draft EIR Weeks 19-21
Kimley-Horn Prepares Check Copy Draft EIR Weeks 22-24
City Approves Check Copy Draft EIR Week 25
Kimley-Horn Completes/Publishes Draft EIR Week 26
45-Day Draft EIR Public Review Weeks 27-33
Kimley-Horn Prepares Administrative Draft Final EIR Weeks 33-35 City Reviews Administrative Draft Final EIR Weeks 36-37 Kimley-Horn Prepares Check Copy Final EIR Week 38
City Approves Check Copy Final EIR Week 39
Kimley-Horn Completes/Publishes Final EIR Week 40
Planning Commission Hearing TBD
Certification Hearing TBD

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ATTACHMENT B Fees and Expenses for the City of Ontario Corporate Yard located at 2200 E Philadelphia Street, Ontario, CA 91761
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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868 Fee and Expenses
Kimley-Horn will perform the services on a lump sum basis and on a labor fee plus expense basis with the maximum labor fee as shown below. Kimley -Horn will not exceed the total maximum labor fee shown without authorization from the Client. However, Kimley -Horn reserves the right to reallocate amounts among tasks as necessary. Lump sum labor fees will be invoiced monthly based upon the overall percentage of service performed.

Direct reimbursable expenses such as express delivery services, fees, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in -house reproduction, postage, supplies, project -related computer time, and local mileage. Administrative time related to the project will be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Clien t request Consultant to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a fifteen percent (15%) markup, will be expeditiously issued to and paid by the Client.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Consultant project number.

FEE AND EXPENSES TABLE

TASK FEE TYPE FEE ESTIMATE
Task 1 – CEQA Compliance: Initial Tasks

1.1 Project Initiation and Kick-Off Meeting Hourly, NTE $7,400

1.2 Project Description Hourly, NTE $5,900

1.3 Initial Study / Notice of Preparation Hourly, NTE $4,900

1.4 Scoping Meeting Hourly, NTE $4,500
Total Task 1 Fee $22,700
Task 2 – Technical Studies/Assessment

2.1 Review of Technical Studies Hourly, NTE $2,000

2.2.1 Air Quality Analysis Hourly, NTE $11,500

2.2.2 Noise Analysis Hourly, NTE $12,600

2.2.3 Greenhouse Gas Emissions Analysis Hourly, NTE $8,700

2.2.4 Energy Analysis Hourly, NTE $6,700

2.2.5 Health Risk Assessment Hourly, NTE $12,200

2.2.6 Cultural and Paleontological Resources Assessment Hourly, NTE $12,600

2.2.7 Phase I Environmental Site Assessment Hourly, NTE $8,700

2.2.8 Biological Resources Assessment* Lump Sum $5,500

2.2.9 Crotch’s Bumble Bee Focused Surveys* Lump Sum $5,300

2.2.10 Traffic Scoping Agreement Hourly, NTE $4,800

2.2.11 Traffic Impact Analysis Hourly, NTE $34,400

2.2.12 Vehicle Miles Traveled Assessment Hourly, NTE $16,000 Total Task 2 Fee $141,00
Task 3 – Environmental Impact Report

3.1 Administrative Draft EIR Hourly, NTE $84,200

3.2 Draft EIR Hourly, NTE $48,200
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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951 543 9868

TASK FEE TYPE FEE ESTIMATE

3.3.1 Response to Comments Hourly, NTE $33,600

3.3.2 Errata and Final EIR Hourly, NTE $4,900

3.3.3 Notice of Determination Hourly, NTE $1,000

3.3.4 Mitigation Monitoring and Reporting Program Hourly, NTE $4,400

3.3.5 Findings and Statement of Overriding Considerations Hourly, NTE $8,400 Total Task 3 Fee $184,700
Task 4 – Project Meetings and Coordination

4.1 Project Meetings and Management Hourly, NTE $34,200

4.2 Public Hearings Attendance Hourly, NTE $16,500
Total Task 4 Fee $50,700
TOTAL LUMP SUM LABOR FEE $10,800
TOTAL HOURLY LABOR FEE $388,300
TOTAL ESTIMATED FEE $399,100
Task 2.2.2 Expenses $250

Task 2.2.6 Expenses $1,000
Task 2.2.7 Expenses $450

Task 2.2.11 Expenses $3,900
Task 3.2 Expenses $6,500

TOTAL ESTIMATED EXPENSES $12,100
TOTAL FEE PLUS EXPENSES GRAND TOTAL $411,200

*Denotes Subconsultant to Kimley-Horn and Associates, Inc. 201
Department: Broadband Operations
Prepared By: Vanny Khu
Department: Management Services
Prepared By: Vanny Khu
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:

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

AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

RONALD IVIE FOR BROADBAND STRATEGY, DEVELOPMENT, AND OPERATIONS

SUPPORT CONSULTING SERVICES

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The proposed Amendment No. 2 increases the authorized contract amount of $1,080,000 by $180,000, for a revised total not-to-exceed amount of $1,260,000. If approved, appropriations in the Broadband fund will be included in future Annual Budgets to City Council for approval as needed for broadband design, engineering, project management, and inspection services.

BACKGROUND & ANALYSIS:

On July 19, 2022, the City Council approved a Professional Services Agreement with Ronald Ivie for broadband strategy, development, and operations support consulting services, in an amount not-to-exceed $900,000. On September 17, 2024, the City Council approved Amendment No. 1 to the Agreement, increasing the total not-to-exceed amount to $1,080,000.

Ronald Ivie has served as the City’s broadband advisor for more than two decades and authored the City’s Fiber Optic Master Plan adopted in 2013. During the initial term of the Agreement, signiﬁcant expenditures were required to support external network engineering to extend the ﬁber- optic network over 250 miles, covering Ontario Ranch and other City areas and facilities. 202

As the City advances toward the full implementation of OntarioNet, a municipally operated community internet service provider, additional project management, engineering services, and operational support are required. Amendment No. 2 will increase the not-to-exceed compensation amount to $1,260,000 to ensure continuity of services critical to the launch and ongoing operations of OntarioNet.
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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. 2 TO THE PROFESSIONAL SERVICES AGREEMENT (CITY FIBER OPTICS

NETWORK)

BETWEEN THE CITY OF ONTARIO AND RONALD IVIE

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Ronald Ivie, a sole proprietorship ("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 “Professional Services Agreement (City Fiber Optics Network)” dated July 19, 2022 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the not- to-exceed compensation amount by One Hundred Eighty Thousand Dollars ($180,000), for a new total not-to- exceed amount of One Million Two Hundred Sixty Thousand Dollars ($1,260,000). The Parties have heretofore entered into Amendment No. 1 dated September 17, 2024.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:

"3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C to the original Agreement. The total 204

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compensation shall not exceed One Million Two Hundred Sixty Thousand Dollars ($1,260,000) without the prior 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 in the manner set forth in this Agreement.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT (CITY FIBER OPTICS NETWORK) BETWEEN THE CITY OF ONTARIO

AND RONALD IVIE

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO RONALD IVIE
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

206
Department: Community Improvement
Prepared By: Douglas J Sorel
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

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

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize Change Order #2 to the construction agreement with SLS Property Solutions Inc. of Santa Ana, CA for emergency board ups and abatements, extending the term of the agreement by one (1) additional year and increasing the total not-to-exceed amount to $550,000 for the term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within authorization limits.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Proposed Change Order No. 2 increases agreement by $150,000 for a revised total not-to-exceed of $550,000.

If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed
in the General Fund and Housing Authority Fund for emergency on-call board ups and abatements.

BACKGROUND & ANALYSIS:

On June 21, 2022, the City Council approved a Construction Agreement with SLS Property Solutions, Inc. of Santa Ana, CA, to perform emergency board up services and abatements. Various City Departments utilize their services to board-up public and private buildings damaged by ﬁre, burglary, vandalism, and other causes, and to abate nuisance conditions on vacant lots identiﬁed through the Weed Abatement Program. Change Order No. 1 was approved on April 24, 2024, to address an increase in demand for both board-up services and vacant lot abatement by increasing the not-to-exceed amount of the Agreement from $100,000 to $150,000 for Fiscal Years 2023-24 and 2024-25 and increases the total not-to-exceed amount from $300,000 to $400,000. The proposed Change Order No. 2 extends the term of the agreement by one (1) additional year and increases the total not-to-exceed amount from $400,000 to $550,000. 207
208
209
Department: Planning
Prepared By: Thomas Grahn
Department:

Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE

PLANNING AND ENVIRONMENTAL CONSULTING SERVICES FOR A GENERAL

PLAN AMENDMENT (TECHNICAL AMENDMENT) TO THE ONTARIO PLAN

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

Any potential long-term ﬁscal impact and projected expenditures to the City will be oﬀset by revenue sources such as development impact fees and property and sales tax revenues generated by future developments.

If approved, appropriations will be included in future
Annual Budgets to City Council for approval as needed.

BACKGROUND & ANALYSIS:

On August 16, 2022, the City adopted The Ontario Plan (TOP) 2050 Policy Plan (General Plan) update and certiﬁed the accompanying Supplemental Environmental Impact Report (EIR). Recent changes in state law prompt the City to propose a technical amendment to TOP to address the following legislation:

AB 98 - Requires cities to identify and plan for truck routes to improve goods movement, minimize impacts on sensitive land uses, and support state freight goals.

AB 747 - Focuses on emergency evacuation planning and requires cities to identify evacuation 210
routes and assess whether development may impair those routes.

SB 1425 - Encourages climate adaptation and regional collaboration by requiring cities to consider climate-related risks in their General Plans.

SB 2684 - Amends General Plan requirements related to hazard mitigation, especially regarding vulnerable populations and environmental justice.

In addition to these new regulations, the provisions of SB 1000 must be evaluated when two or more elements of TOP are amended. Because new state laws will necessitate changes to TOP's Mobility and Safety Elements, the City must evaluate changes in conditions and its environmental justice policies.

In compliance with the California Environmental Quality Act (CEQA) Guidelines, City staﬀ has conducted an evaluation and concluded that the appropriate environmental analysis for this speciﬁc proposal would involve an Addendum to the adopted TOP 2050 Supplemental Environmental Impact Report (SEIR). To facilitate this undertaking, the City intends to retain the services of PlaceWorks, Inc.

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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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF ONTARIO
AND
PLACEWORKS, INC.

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 PlaceWorks, Inc., a Californ ia Corporation, with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 (“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 environmental/planning consulting 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 Ontario 212
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Plan Technical Amendment project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from June 4, 2025 to June 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred eighty-three thousand seven hundred forty dollars ($183,740) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

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

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

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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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 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: Colin Drukker, Principal-in-Charge, and Halley Grundy, Project Manager. 214
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3.3.5 City’s Representative. The City hereby designates Henry Noh, Planning Director, or his 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 designee.

3.3.6 Consultant’s Representative. Consultant hereby designates Colin Drukker, Principal, or his 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.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any 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.

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

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

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.2 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 216
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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.

3.3.11 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.
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(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (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 218
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a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

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

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

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance 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 219
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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).

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 the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(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.

3.4.3 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 221
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.5 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.

3.6 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 222
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volunteers.

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

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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

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

Consultant: PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
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ATTN: Colin Drukker, Principal
City: City of Ontario
303 East B Street
Ontario, CA 91764
ATTN: Henry Noh, Planning Director
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, 224
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it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

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

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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 225
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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 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. 226
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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.

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

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

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

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
PLACEWORKS, 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 PLACEWORKS, INC
By:

Its: Principal
Printed Name: Colin Drukker
By:

Its: Chief Executive Officer
Printed Name: Brian Judd
Approved By:

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

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

SCOPE OF SERVICES
[***INSERT SCOPE***]
229
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BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT “B”

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
230
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(BB&K 2017) Exhibit “C”-1
EXHIBIT “C”

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] 231

May 2, 2025
Thomas Grahn
Senior Planner
City of Ontario
Planning Department
303 East B Street
Ontario, CA 91764
Subject: Proposal for TOP 2050 Technical Update
Transmitted via Email: [email protected]
Dear Mr. Grahn:

PlaceWorks is happy to assist the City of Ontario in its long -term planning efforts. The following proposal outlines our recommended approach, a range of potential tasks, and associated budget and schedule estimates, including a task for CEQA processing via an Addendum . As always, we are happy to coordinate with the City in advance and during the process to adjust the scope, budget, and schedule as needed to best serve the City.

TOP 2050 POLICY PLAN TECHNICAL UPDATES
The Ontario Plan (TOP), which includes the City’s General Plan, must be updated to address new state laws including AB 98, AB 747, SB 1425, and SB 2684. AB 98 requires that the City update its Mobility Element no later than January 1, 2026 to reflect changes in truck routes . It is suggested that the C ity also address requirements of other state laws through the same update process to streamline changes, minimize staff time, and ensure The Ontario Plan is in compliance with state law. The other laws that must be addressed include AB 747, which requires the City to incorporate its 2023 evacuation plan into the Safety Element; SB 1425 which requires the city to consider the co-benefits of open space with environmental justice policies, the Safety Element, and rewilding opportunities; and SB 2684 which requires the City to address the issue of extreme heat in the Safety Element. In addition to the new regulations, the provisions of SB 1000 must be evaluated when two or more elements of TOP are updated. Because new state laws will necessitate changes to the Mobility and Safety Elements, the City must evaluate changes in conditions and its environmental justice policies.

ENVIRONMENTAL REVIEW
This scope assumes that the level of CEQA needed will be addressed via an Addendum, as described under task 3.

The scope assumes that the City will address the required tribal consultation. PlaceWorks will be available to advise on this City-led item and other environmental considerations as described in task 1.5.

May 2, 2025 | Page 2
with stakeholder groups. If the City adds a contingency in addition to the attached fee schedule, funds would be spent only upon the direction and approval of the City.

Scope of Work
TASK 1. TOP 2050 POLICY PLAN TECHNICAL UPDATES
Task 1.1 Mobility Element Updates

Truck Routes. State law, enacted by AB 98, requires that the City’s established truck routes be evaluated and revised to minimize exposure to sensitive receptors by January 1, 2026 . Furthermore, AB 98 requires the City to provide opportunities for civic engagement and make a diligent effort to engage all economic segments of the community about the proposed changes. The public outreach tasks identified in Task 2 are recommended to fulfill these requirements within an extremely short timeline.

Deliverables
» Policy and figure compliance evaluation
» Draft and final figure, including one admin draft and up to two rounds of revisions to figures M-02 and M-04 (PDF)
» Draft and final policy edits, if determined necessary, including one admin draft and up to two rounds of revisions (Word)
Task 1.2 Safety Element Updates
Update to hazard maps . As the FEMA flood maps covering the city have been updated in the past year , PlaceWorks will update Figure S -03 to reflect updated mapping, and review the flood mitigation policies and actions to ensure policies are responsive to the new maps.

Incorporate LHMP and Evacuation Annex. Assessment by reference. PlaceWorks will update the Safety Element to incorporate the City ’s updated LHMP and the AB 747 analysis by reference and recommend related policy revisions, actions, map updates.

SB 1425 consultation. PlaceWorks will review the City’s open space policies to identify revisions required to comply with state law enacted through SB 1425, which requires that the Policy Plan address the co- benefits of open space correlated to the Safety Element by Jan uary 1, 2026. (Note: this complements the scope to review SB 1425 compliance under task 1.3)
SB 2684 updates. SB 2684 requires that the safety element be amended to address extreme heat when one or more elements are updated on or after Jan 1, 2028. While addressing this law is legally optional at this time, it is recommended for efficiency. PlaceWorks will review the City’s policies related to extreme heat against the best available science and guidance available at the time of review to identify potential revisions required to comply with SB 2684.

Deliverables
» Policy and figure compliance evaluation
233

May 2, 2025 | Page 3
» One admin draft and up to one round of revisions to figure S-03 (PDF) » One admin draft and up to one round of revision to other maps that need to be updated (if any) per the review of the LHMP and Evacuation Annex. Assessment (PDF) » Draft and final policy edits, if determined necessary, including one admin draft and up to two rounds of revisions (Word)
Task 1.3 Environmental Justice
Two state laws require a review and assessment of the City’s Environmental Justice policies through the Policy Plan Amendment process.
• SB 1425 requires cities to include plans and an action program to address access to open space for all residents in a manner that considers social, economic, and racial equity, correlated with environmental justice policies by January 1, 2026.
• SB 1000 requires cities to address environmental justice issues when two or more elements are updated or revised concurrently on or after January 1, 2018. The current TOP already incorporates policies addressing the environmental justice issues outlined in SB 1000, but the conditions and policies must be assessed at this time because the City is updating at least two elements.

PlaceWorks will review the current open space and environmental justice policies and provide recommendations for updates required to comply with SB 1425, SB 1000, and revisions needed due to new information.

Deliverables
» Policy and figure compliance evaluation
» Draft and final policy and figure edits, if determined necessary, including one admin draft and up to two rounds of revisions (Word)
Task 1.4 GIS
PlaceWorks will process map and GIS materials related to TOP amendments and zoning consistency to produce final PDFs, final packaged GIS files, and updates to the City’s online web maps , including coordination with the IT department to evaluate automating processes to publish updated map products to City’s online map library. Note: This task assumes that update s to web maps will be uploaded by PlaceWorks to the City’s AGOL account; It does not include coordination with IT staff to automate map publishing through the City’s enterprise system.

Deliverables:
» Draft and final PDF map documents as needed to support other tasks » Packaged map documents compatible with ESRI systems for each map created or updated to be delivered after adoption
» Updated web maps to be published to the City’s online map library after adoption (using the City AGOL platform)
Task 1.5 Project Management and Meetings
PlaceWorks Planning staff will coordinate TOP amendments and zoning with the Environmental team, other technical subcontractors, and City staff. This time includes attendance at meetings with City staff, 234

May 2, 2025 | Page 4
troubleshooting, internal coordination to help ensure timelines are met, and coordination with concurrent planning efforts. Attendance by up to two PlaceWorks staff members at up to four public hearings. In addition, up to 12 hours of consultation by PlaceWorks CEQA staff is included to provide high-level direction on tribal consultation and other issues that may arise in addition to preparing the Addendum as described in task 3.

TASK 2. PUBLIC OUTREACH
PlaceWorks will collaborate with City staff to develop a Community Engagement strategy that meets the requirements of SB 1000 and AB 98, while aligning with the project timeframe. At this time, the anticipated outreach strategy will involve two primary efforts to address the requirements of state law and ensure effective outreach for the public and City of Ontario.

Public Open House. PlaceWorks will work with City staff to design a public open house event to raise awareness about the project and provide an opportunity for community members to be included in the decision-making process, consistent with SB 1000 and City policy. It is anticipated that the open house event would focus on the proposed land use changes and highlight SB 1000 issues that could impact environmental justice areas identified in Figure ER-01.

Survey & Pop-up support. PlaceWorks will advise on content, host, and provide language access support in English, Spanish, and Mandarin for an online public survey drafted by City Staff . PlaceWorks will provide one staff member or up to two interpreters (contracted by an interpretation firm ) fluent in Mandarin to support City Staff at one pop-up event in Southern Ontario.

Public Story Map or website. PlaceWorks will work with City staff to design a public -facing story map or website that describes the proposed changes to the Policy Plan to raise awareness about the project. It is anticipated that the story map or website will focus on SB 1000 issues that could impact environmental justice areas identified in Figure ER-01. The story map or website will be available in English, Spanish, and Simplified Chinese.

NOTE: Professional interpretation, professional translation of written materials, and printing costs are covered by the reimbursable budget

Deliverables
» Draft and final strategy (one-page memo in Word)
» Draft and final open house materials in English and Spanish, additional fees may apply if materials are needed in Simplified Chinese (PDF, PowerPoint)
» Draft and final promotional materials in English and Spanish, including an event flyer and up to 4 social media posts for the City to distribute and post. The scope includes copies of promotional materials in simplified Chinese for up to one event in Southern Ontario (pdf, jpg) » Attendance by the PIC, PM, and one additional PlaceWorks staff member, additional fees may apply for attendance by staff fluent in Mandarin.
» Draft and final story map English, Spanish, and Simplified Chinese including one round of revisions.

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May 2, 2025 | Page 5
TASK 3 CEQA PROCESSING
To reduce emissions and enhance health, AB 98 will increase regulatory requirements on warehousing and trucking activity in California. The warehouse siting, development and operational requirements are all designed to reduce adverse environmental impacts to communities. The legislation also requires local agencies to update their General Plan Circulation Elements to accommodate increased truck traffic related to logistics operations and to designate specific truck routes that avoid sensitive areas. The Gen eral Plan update is a discretionary project with the potential for environmental impacts, and therefore, subject to the California Environmental Quality Act (CEQA). Substantiated by the discussion below, the logical CEQA document and process to support the City’s discretionary decision for the technical update is the preparation of an Addendum to the 2022 The Ontario Plan Supplemental Environmental Impact Report (Certified EIR). Based on our understanding of the potential Circulation Element amendment and t ruck route designations would not result in significant environmental impacts and minor modifications to the Environmental Justice and Safety Element policies. An EIR Addendum would be the most legally defensible, and time/cost efficient process for CEQA compliance and achieve the timeline identified in AB 98 for cities within the warehouse concentrated region.

Task 3.1 Draft Addendum
The updates to the City’s Circulation Element and safety and environmental justice policies will not involve any changes to land use designations or related unincorporated buildout projections on which the SEIR was based. For purposes of this scope, the assumption is made that truck traffic projections and distribution will not materially change from those used for the Certified EIR.

As baseline conditions for an Addendum are defined as the conditions upon project implementation of the original project (e.g. buildout of TOP 2050 [2050]), the focus of the Addendum analysis will be to determine the potential increase in impacts, particularly to sensitive receptors, that could result in implementation of the proposed, designated truck routes. The potential impact would be the ‘net’ increase in comparison to the baseline, buildout conditions of TOP 2050.

As the objective of AB 98 and the designated routes is to reduce community impacts, our scope assumes that designated truck routes would minimize/reduce truck traffic proximate to sensitive resources for most routes. Our evaluation will be based on the tru ck volumes to be provided by Fehr& Peers. A screening analysis will be applied to determine whether any increase would result in a significant impact. Even if an increase occurs, since the TOP 2050 concluded that implementation of the proposed project could result in significant impacts to air quality and health risk increase due to the truck route designations would not be significant unless the net increase (over 2050 buildout) was a substantial increase in the severity of the impact. Unless that occurred, the project would still be eligible for the Addendum and not require an SEIR.

Although not anticipated, there is no guarantee that changes in truck volumes along routes could result in more severe, significant environmental impacts. If this occurs, an S EIR would be required. Note that if an SEIR is required, it would not be possible to meet the State’s January 1, 2026 deadline for adoption of the updated Circulation Element.

PlaceWorks will prepare a draft Addendum that focuses on potential changes in environmental impacts for air quality, noise, transportation, and hazards (i.e., for the revised flood maps). The analysis will be based on the screening analysis identified above and will not include any modeling of health risk along local truck routes. An Addendum does not require circulation with the public or trigger Assembly Bill (AB) 52 236

May 2, 2025 | Page 6
Consultation; however, the technical update will require tribal consultation under Senate Bill (SB) 18. The SB 18 consultation period is likely to be a critical path item for adoption if not initiated in a timely manner.

Task 3.2 Final Addendum
PlaceWorks will revise the draft Addendum per City review comments. A Notice of Determination will be filed following adoption of the Technical Update.

Task 3.3 CEQA Project Management and Meetings
Our estimated budget assumes that PlaceWorks CEQA PM and Assistant PM (APM) will attend up to three meetings with City staff during the course of the environmental review process, including the kickoff meeting. This task includes hearing attendance for the CEQA PM at up to 2 hearings.

Deliverables
» Draft and Final Addendum (electronic)
» NOD (CEQAnet and County Clerk + County Clerk Filing Fee)

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May 2, 2025 | Page 7
Estimated Schedule and Budget
PlaceWorks will work with the City to draft a detailed schedule and anticipates commencing work in May 2025. Based on discussions with City staff, we anticipate providing admin draft materials by August 2025 and going to public hearings in fall 2025. Public outreach tasks would likely take place between May and July. The proposed budget is included on a separate page.

Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. As a Principal, I am authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. If you have any questions, please do not hesitate to contact me at 714.966.9220 x 3207 or [email protected].

We appreciate the opportunity to continue working with the City to bring about the successful completion of this effort.

Respectfully submitted,

PLACEWORKS

Colin Drukker
Principal

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Proposal for TOP 2050 Technical Update
Estimated Schedule
PlaceWorks will work with the City to draft a detailed schedule and anticipates commencing work in May 2025. Based on discussions with City staff, we anticipate providing admin draft materials by August 2025 and going to public hearings in fall 2025. Public outreach tasks would likely take place between May and July.

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THE PLACEWORKS TEAM
TOP 2050 Policy Plan Technical Update

COST PROPOSAL

PLACEWORKS
Colin Drukker
Halley
Grundy
Emily Fan-
Michaelson
Nicole
Vermilion
Emma
Haines
Tammy
Seale
Jacqueline
Protsman-
Rohr
Chris
Shields John VangAssociateRob Mazur
Leo
DiPierro
Gina
Froelich
Laura
Munoz
PIC PM Public
Engagement
CEQA SEIR APM Safety Safety Noise AQ/GHG/H
RA
Planning GIS GIS
Description
Principal Senior
Associate
Associate
Principal
Principal AssociatePrincipal Senior
Associate
Senior
Associate
Senior
Associate
Associate GIS
Manager
GIS Senior
Editor
WP/
Clerical
Hourly Rate: $275 $225 $235 $275 $165 $275 $220 $245 $245 $165 $255 $180 $160 $140 TASK 1. TOP 2050 Policy Plan Amendment

1.1 Mobility Element 8 12 20 $4,900 $4,900

1.2 Safety Element 6 6 20 52 84 $19,940 $19,940

1.3 Environmental Justice 20 16 40 76 $15,700 $15,700

1.4 GIS 6 10 8 40 64 $13,140 $13,140

1.5 Project Management and Meetings 44 48 12 8 6 118 $29,720 $29,720 Task 1. Subtotal 84 92 0 12 0 28 58 0 0 40 8 40 0 0 362 $83,400 $83,400 TASK 2. Public Engagement

2.1 Public Engagement 40 50 40 90 20 240 $50,100 $50,100 Task 2. Subtotal 40 50 40 0 0 0 0 0 0 90 0 20 0 0 240 $50,100 $50,100 TASK 3. CEQA COMPLIANCE

3.1 Draft CWP EIR Addendum 20 40 10 10 8 8 4 100 $20,880 $20,880

3.2 Final Addendum 8 12 3 3 2 4 4 36 $7,360 $7,360

3.3 Project Management and Coordination 28 8 2 2 40 $10,000 $10,000 Task 3. Subtotal 0 0 0 56 60 0 0 15 15 0 10 0 12 8 176 $38,240 $38,240 Labor Hours Total 124 142 40 68 60 28 58 15 15 130 18 60 12 8 778 $133,500 $171,740 Labor Dollars Total $34,100 $31,950 $9,400 $18,700 9900 $7,700 $12,760 3675 3675 $21,450 $4,590 $10,800 1920 $1,120 $133,500 PlaceWorks Percent of Total Labor15.9% 18.3% 0 8.7% 0 3.6% 7.5% 0 0 16.7% 0 0 0 1.0% 100.0% Subconsultants Reimbursable Expenses 0
PlaceWorks Reimbursable Expenses $12,000
REIMBURSABLE EXPENSES TOTAL $12,000
TOTAL without Contingency $183,740
8% Contingency $14,699
GRAND TOTAL with Contingency $198,439
NOTES:

Subconsultant costs are billed at cost plus 10%.

Reimbursable expenses are billed at our current rates.

Mileage is billed at the current IRS-approved rate.

Task PlaceWorks
Hours
PlaceWorks
Labor Total
TOTAL
TASK
BUDGET
PLACEWORKS | 1 OF 1 5/2/2025 240
Department: Planning
Prepared By: Thomas Grahn
Department:

Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE

PLANNING AND ENVIRONMENTAL CONSULTING SERVICES FOR A GENERAL

PLAN AMENDMENT (POLICY PLAN AMENDMENT) TO THE ONTARIO PLAN

CITY OF ONTARIO
Agenda Report
June
3, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Professional Services Agreement with PlaceWorks, Inc., of Santa Ana, in the amount of $1,083,809, plus a 10% contingency of $108,381, for a total authorized expenditure of $1,192,190 to prepare an amendment to The Ontario Plan Policy Plan (General Plan) and a Supplemental Environmental Impact Report (EIR). If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed.

BACKGROUND & ANALYSIS:

On August 16, 2022, the City adopted The Ontario Plan (TOP) 2050 Policy Plan (General Plan) update and certiﬁed the accompanying Supplemental Environmental Impact Report (SEIR). As a result of recent property owner inquiries, the City is processing proposed land use changes to TOP's Land Use Plan, evaluating associated changes required by state law, and evaluating potential environmental impacts. In addition to the land use plan, several other portions of the Policy Plan and related documents must also be amended. State law requires that substantive changes to the Housing Element be conﬁrmed by the State, and other elements be 241
updated to maintain internal consistency with the proposed land use changes. Based on proposed updates to two elements (Land Use and Housing), the City must also evaluate potential impacts to the environmental justice component of TOP.

In compliance with the California Environmental Quality Act (CEQA) Guidelines, City staﬀ has conducted an evaluation and concluded that the appropriate environmental analysis for this speciﬁc proposal would involve a Supplemental Environmental Impact Report (SEIR) to the adopted TOP 2050 SEIR. To facilitate this undertaking, the City intends to retain the services of PlaceWorks, Inc.
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BB&K (2024) PROFESSIONAL SERVICES AGREEMENT
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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF ONTARIO
AND
PLACEWORKS, INC.

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 PlaceWorks, Inc., a Californ ia Corporation, with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 (“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 environmental/planning consulting services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

City desires to engage Consultant to render such professional services for The Ontario 243
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Plan Policy Plan Amendment project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from June 4, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one- year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one million eighty three thousand eight hundred nine dollars ($1,083,809) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

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

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

Consultant shall not perform, nor be compensated for, Extra Work without written authorization 244
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from the City.

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 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: Colin Drukker, Principal-in-Charge, and Halley Grundy, Project Manager. 245
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3.3.5 City’s Representative. The City hereby designates Henry Noh, Planning Director, or his 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 designee.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any 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.

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

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

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.2 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 247
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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.

3.3.11 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.
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(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (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 249
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a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

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

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

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance 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 250
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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).

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 the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(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.

3.4.3 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 252
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.5 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.

3.6 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 253
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volunteers.

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

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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

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

Consultant: PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
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ATTN: Colin Drukker, Principal
City: City of Ontario
303 East B Street
Ontario, CA 91764
ATTN: Henry Noh, Planning Director
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, 255
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it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

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

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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 256
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Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.