Agenda packet — Ontario City Council, December 16, 2025 (part 1 of 10)

CITY OF ONTARIO
Regular City Council/Housing
Authority/Ontario Public Financing Authority
Meeting
DECEMBER 16, 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 submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to
[email protected]
. The public comment
submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe 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/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20251216 Closed Session.docx

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

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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

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.

CLOSED SESSION PUBLIC COMMENT

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

CLOSED SESSION
GC 54956.9 (d)(4) CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION One Case

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

1. APPROVAL OF MINUTES

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Pastor Sean, Calvary Chapel Ontario

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

The Public Comment portion of the Council/Housing Authority/Ontario Public Financing 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.

CONSENT CALENDAR

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

Minutes for the regular meetings of the City Council and Housing Authority of November 4, 2025, and regular meetings of the City Council, Housing Authority and Ontario Public Financing CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

20251104 Meeting Minutes (Not Official Until Approved).docx

ATTACHMENT:

20251118 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. A RESOLUTION DECLARING CITY OWNED PROPERTY SURPLUS LAND PURSUANT TO GOVERNMENT CODE 54221, APPROVING THE NOTICE OF AVAILABILITY, AND FINDING

THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

ATTACHMENT:

CC_easterseals_wineville_SLA_RESO_RM (1).docx

4. A DESIGN SERVICES AGREEMENT WITH N2W ENGINEERING INC. FOR MILLIKEN BOOSTER STATION PROJECT, CONTRACT NO. UT1083

ATTACHMENT:

Attachment

1.pdf

ATTACHMENT:

02 Design Services Agreeement.pdf

5. A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE ONTARIO POLICE

DEPARTMENT MEDIA ROOM PROJECT
authority of November 18, 2025, and approving same as on ﬁle in the Records Management Department.

Bills November 14, 2025 through November 26, 2025, and Payroll November 2, 2025 through November 15, 2025.

That City Council adopt a Resolution declaring the property located North of Phillips Street and West of South Mountain Avenue and North of Philadelphia Street and West of Wineville Avenue identiﬁed with Assessor’s Parcel Numbers 101-157-114 and 238-152-27, approve the Notice of Availability, and ﬁnding that such declaration is exempt from the California Environmental Quality Act.

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 NORTH OF PHILLIPS STREET AND WEST OF SOUTH

MOUNTAIN AVENUE AND NORTH OF PHILADELPHIA STREET AND WEST OF WINEVILLE AVENUE, IDENTIFIED WITH ASSESSOR'S PARCEL NUMBERS 101-157-114 AND 238-152-27, IS

SURPLUS LAND, APPROVING THE NOTICE OF AVAILABILITY THEREFORE, 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 SECTION 15060(C)(3) OF THE STATE CEQA GUIDELINES AND DIRECTING STAFF TO ISSUE A NOTICE OF EXEMPTION.

That the City Council authorize the City Manager, or designee, to execute a Design Services Agreement with N2W Engineering Inc., of Irvine, California for design services for Milliken Booster Station for an amount of $365,166, plus a 15% contingency of $54,775, for a total not- to-exceed amount of $419,941, and a term of December 16, 2025 to December 16, 2028 with two optional one-year term extensions.

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

ATTACHMENT:

Wakeco, Inc. - Construction Contract.pdf

6. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING, INC. FOR SECURITY CAMERA INSTALLATION AT THE LATIMER

BALLFIELD CONCESSION STAND IN JOHN GALVIN PARK

ATTACHMENT:

2. ATAC Agreement - Amdt No. 11.pdf

7. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WESTERN ALLIED

CORPORATION FOR ON-CALL HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)

MAINTENANCE AND REPAIR SERVICES

ATTACHMENT:

2. Western Allied Corporation - Amendment No. 4.pdf

8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT FOR ON-CALL ARCHITECTURAL

AND ENGINEERING SERVICES WITH HMC GROUP AND AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH TILDEN-COIL CONSTRUCTORS FOR

CONSTRUCTION MANAGEMENT MULTI-PRIME SERVICES FOR THE ONTARIO

PROFESSIONAL BASEBALL STADIUM FLIGHT TOWER RESTAURANT PROJECT That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No.

D&C23-017 with Wakeco, Inc., of Temecula, California, for the Ontario Police Department (OPD) Media Room project in the amount of $1,497,000 plus a 10% contingency of $149,700 for a total not-to-exceed contract amount of $1,646,700; and B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but 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.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 11 to the Maintenance Services Agreement with American Threat Assessment Consulting, Inc. (A.T.A.C.), of Rancho Cucamonga, California, in the amount of $29,533 for security camera installation at the Latimer Ballﬁeld Concession Stand, for a total not-to-exceed contract amount of $2,564,892.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 4 to the Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, in the amount of $628,000 for on-call heating, ventilation, and air conditioning (HVAC) maintenance and repair services, for a total not-to-exceed contract amount of $3,388,000.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 4 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide Architectural and Engineering Services for the Ontario Professional Baseball Stadium Flight Tower CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

HMC Group- Amendment No. 4.pdf

ATTACHMENT:

Tilden-Coil Constructors, Inc. - Amendment No. 7.pdf

9. AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR CITY PARKING ENFORCEMENT

SERVICES

ATTACHMENT:

ACE Parking III Professional Services Agreement Upd.pdf

ATTACHMENT:

Bid Summary RFP 1950 City Parking Enforcement Services.pdf

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH UNIVERSAL

PROTECTION SERVICES, LP, DBA ALLIED UNIVERSAL SERVICES FOR PARKING

ENFORCEMENT SERVICES

ATTACHMENT:

Allied_Universal_-_Amendment_No._5 (1).pdf

11. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT (PRESERVATION AGREEMENT), FILE NO. PHP25-015, FOR A LOCAL DESIGNATED HISTORIC PROPERTY Restaurant project in the amount of $3,241,200 for a total not-to exceed contract amount of $9,946,127; and
B
.

Authorize the City Manager, or his designee, to execute Amendment No. 7 to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, to provide Construction Management Multi-Prime Services for all facets of the Ontario Professional Baseball Stadium Flight Tower Restaurant project in the amount of $2,360,715 for a total not-to-exceed contract amount of $73,629,018.

That City Council authorize the City Manager, or his designee, to:

A. Reject the bid protest submitted by Universal Protection Service, LP, dba Allied Universal Security Services and LAZ Parking California, LLC on account of both proposals were disqualified and the protests submitted are without merit; and B. Execute a Professional Services Agreement for up to ﬁve years with ACE Parking III, LLC of San Diego, California for parking enforcement services for a not-to-exceed contract amount of $9,523,369.

That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement with Universal Protection Services, LP, dba Allied Universal Services of Irvine, CA to extend term dates and increase the funding for a total not- to-exceed amount of $4,005,714.

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.

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

ATTACHMENT:

20251216 Mills Act PHP25-015 214 E Rosewood Ct_PC Back-up.pdf

ATTACHMENT:

20251216_Mills_Act_PHP25-
015_214_E_Rosewood_Ct_02_RESO_RM.docx

ATTACHMENT:

20251216 Mills Act PHP25-015 214 E Rosewood Ct_03 AGMT.docx

12. RESOLUTIONS AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS, SERIES 2026 AND

RELATED MATTERS
That the City Council consider and adopt a Resolution approving and authorizing the City Manager or designee to enter into a Mills Act Contract (Preservation Agreement), for the local designated historic property
located at 2
14 East Rosewood Court (APN: 1048-062-08);
submitted by Octavio Pinedo.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP25-015, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC

PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH OCTAVIO PINEDO AND ALMA LUZ HERNANDEZ TOVAR, FOR THE PROPERTY LOCATED AT 214 EAST ROSEWOOD COURT (APN: 1048-062-08).

That the City Council and the Ontario Public Financing Authority hold public hearing and the take the following actions:

A
.

The City Council consider and adopt a Resolution authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Bond Purchase Agreement, and Continuing Disclosure Certiﬁcate in connection with the issuance and sale of the Lease Revenue Bonds by the Ontario Public Financing Authority in an aggregate principal amount of not to exceed $202 million and authorizing the distribution of an Oﬃcial Statement in connection with the oﬀering and sale of the Bonds and authorizing the execution and delivery of necessary documents in connection therewith.

B
.

The Ontario Public Financing Authority consider and adopt a Resolution authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Bond Purchase Agreement, and Assignment Agreement in connection with the issuance and sale of its Lease Revenue Bonds in an aggregate principal amount of not to exceed $202 million and authorizing the distribution of an Oﬃcial Statement in connection with the oﬀering and sale of the Bonds and authorizing the execution and delivery of necessary documents in connection therewith.

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

THE EXECUTION AND DELIVERY OF A GROUND LEASE, LEASE AGREEMENT, INDENTURE, BOND

PURCHASE CONTRACT AND CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH

THE ISSUANCE OF ONTARIO PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS,

APPROVING THE ISSUANCE OF SUCH BONDS IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $202,000,000, AUTHORIZING THE DISTRIBUTION OF

AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS

AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

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

ATTACHMENT:

2026_Lease_Revenue_Bonds_Approval_to_Issue_Bonds_CITY_01_RESO_ RM

ATTACHMENT:

2026_Lease_Revenue_Bonds_Approval_to_Issue_Bonds_OPFA_02_RES O_RM

ATTACHMENT:

2026 Lease Revenue Bonds_03 Ground Lease.pdf

ATTACHMENT:

2026 Lease Revenue Bonds_04 Lease Agreement.pdf

ATTACHMENT:

2026 Lease Revenue Bonds_05 Indenture.pdf

ATTACHMENT:

2026 Lease Revenue Bonds_06 Bond Purchase Agreement.pdf

ATTACHMENT:

2026 Lease Revenue Bonds_07 Assignment Agreement.pdf

ATTACHMENT:

2026 Lease Revenue Bonds_08 Form of Continuing Disclosure Certificate.pdf

ATTACHMENT:

2026 Lease Revenue Bonds_09 Preliminary Official Statement.pdf

13. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA25- 003, REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE

ATTACHMENT:

20251216 PDCA25-003 Dev Code Amendment PC Back-up.pdf

ATTACHMENT:

20251216_PDCA25-003_Dev_Code_Amendment_ORD_RM.docx

ATTACHMENT:

20251125 PDCA25-003 Dev Code Amendment Redline Text.pdf

14. A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING A

A RESOLUTION OF THE ONTARIO PUBLIC FINANCING AUTHORITY AUTHORIZING THE

EXECUTION AND DELIVERY BY THE AUTHORITY OF A GROUND LEASE, LEASE AGREEMENT,

INDENTURE, BOND PURCHASE CONTRACT AND ASSIGNMENT AGREEMENT IN CONNECTION

WITH THE ISSUANCE OF ONTARIO PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS,

AUTHORIZING THE ISSUANCE OF SUCH BONDS IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $202,000,000, AUTHORIZING THE DISTRIBUTION OF

AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS

AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

That the City Council introduce and waive further reading of an Ordinance approving File No.

PDCA25-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 7.0 (Historic Preservation), 8.0 (Sign Regulations), and References (Reference G: Landscape Design and Construction Guidelines) of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25-003, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 7.0 (HISTORIC PRESERVATION), 8.0 (SIGN REGULATIONS), AND REFERENCES (REFERENCE G: LANDSCAPE DESIGN AND CONSTRUCTION GUIDELINES) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 DEVELOPMENT CODE AMENDMENT, FILE NO PDCA25-004, REGARDING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

ATTACHMENT:

20251216_File_No_PDCA25-004_ADU_Urgency_Ordinance__01_- _ORD_RM (1).docx

ATTACHMENT:

20251216 File No PDCA25-004 ADU Urgency Ordinance
02 Exhibit A

ATTACHMENT:

20251216 File No PDCA25-004 Dev Code Section 5.03.010 redline

15. A PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCES ADDING CHANGES TO CHAPTERS 18 AND 19 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE AND A RESOLUTION

AUTHORIZING THE BUILDING OFFICIAL TO WAIVE CITY BUILDING DEPARTMENT PERMIT

FEES PERTAINING TO HIGH-RISK UNREINFORCED MASONRY AND SOFT-STORY

STRUCTURES
That the City Council consider, waive further reading, and adopt an Urgency Ordinance approving File No. PDCA25-004, to amend Division 5.03 - Supplemental Land Use Regulations, Section 5.03.010 (Accessory Dwelling Units) of the City's Development Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), which will take eﬀect on January 1, 2026.

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA25-004, AMENDING DIVISION 5.03 - SUPPLEMENTAL LAND USE REGULATIONS, SECTION 5.03.010 OF THE CITY'S

DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO COMPLY WITH THE RECENT CHANGES IN STATE LAW, AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE SECTION 21080.17.

That the City Council introduce and waive further reading of:

A
.

An Ordinance adding Chapter 18 of Title 8 of The Ontario Municipal Code Pertaining to a Seismic Safety Mitigation Program for Unreinforced Masonry Buildings.

B
.

An Ordinance adding Chapter 19 of Title 8 of The Ontario Municipal Code Pertaining to mandatory Seismic Strengthening provisions for existing wood-frame buildings with soft, weak or open-front wall.

C
.

That the City Council consider and adopt a Resolution approving and authorizing the Building Oﬃcial to waive City Building Department permit fees for retroﬁt building plans submitted for High-Risk Unreinforced Masonry (URM) and Soft-Story structures.

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

PURSUANT TO AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CHAPTER 18 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO A SEISMIC SAFETY

MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS, AND MAKING FINDINGS IN SUPPORT THEREOF.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

20251216 - URM Ordinance Address Index - Exhibit A.pdf

ATTACHMENT:

20251216 - Soft Story Ordinance Address Index - Exhibit B.pdf

ATTACHMENT:

20241216-URM_ORDINANCE_01_ORD_RM.docx

ATTACHMENT:

20241216-SOFT_STORY_ORDINANCE_02_ORD_RM (1).docx

ATTACHMENT:

20251216 - URM Ordinance Address Map - Exhibit A-1.pdf

ATTACHMENT:

20251216 - Soft Story Ordinance Address Map - Exhibit B-1.pdf

ATTACHMENT:

20241216-URM_and_Soft_Story_Fee_Wavier_03_Reso (5).docx

16. SB165 LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT FOR FISCAL YEAR ENDED JUNE 30, 2025

ATTACHMENT:

SB165 Year Ending June 30,2025.pdf

17. A CITY COUNCIL ORDINANCE ESTABLISHING HOTEL EMPLOYEE SAFETY REGULATIONS

ATTACHMENT:

Hotel_Safety_Ordinance.doc

18. ELECTIONS CODE SECTION 9212 IMPACT REPORT REGARDING AN INITIATIVE ORDINANCE

FOR HOTEL, CENTER, & AIRPORT WORKER PROTECTION, RETENTION, AND MINIMUM

WAGE AND RECOMMENDATION THAT THE CITY COUNCIL CONSIDER THE ORDINANCE

OUTRIGHT WITHOUT ALTERATION

PURSUANT TO AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CHAPTER 19 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO MANDATORY

SEISMIC STRENGTHENING PROVISIONS FOR EXISTING WOOD-FRAME BUILDINGS WITH SOFT, WEAK OR OPEN-FRONT WALL, AND MAKING FINDINGS IN SUPPORT THEREOF.

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

THE BUILDING OFFICIAL TO WAIVE CITY BUILDING DEPARTMENT PERMIT FEES FOR THE

SEISMIC RETROFITTING OF HIGH-RISK UNREINFORCED MASONRY (URM) AND SOFT-STORY STRUCTURES.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council accept the City of Ontario's SB165 Local Agency Special Tax and Bond Accountability Report (unaudited) for Fiscal Year Ended June 30, 2025.

That the City Council introduce and waive further reading of an Ordinance establishing safety regulations for hotel employees.

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

HOTEL EMPLOYEE SAFETY REGULATIONS
That the City Council accept this report and that it not adopt the Ordinance outright without alteration as proposed.

AN ORDINANCE ESTABLISHING HOTEL, EVENT CENTER, AND AIRPORT WORKER PROTECTION,

RETENTION, AND MINIMUM WAGE
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

Hotel, Event Center, Airport Minimum Wage.pdf

19. ELECTIONS CODE SECTION 9212 IMPACT REPORT REGARDING AN INITIATIVE ORDINANCE

TO REQUIRE VOTER APPROVAL FOR MAJOR HOTEL DEVELOPMENT PROJECTS AND MAJOR

EVENT CENTER PROJECTS AND RECOMMENDATION THAT THE CITY COUNCIL CONSIDER

THE ORDINANCE OUTRIGHT WITHOUT ALTERATION

ATTACHMENT:

Major Hotel & Event Center Projects.pdf

20. RESOLUTIONS CALLING A MARCH 24, 2026 SPECIAL MUNICIPAL ELECTION FOR TWO INITIATIVE MEASURES REGARDING HOTEL, EVENT & CENTER, AND; AIRPORT WORKER

REGULATIONS AND MINIMUM WAGES AND REQUIRING VOTER APPROVAL OF

DEVELOPMENT AGREEMENTS FOR MAJOR HOTEL AND EVENT CENTER PROJECTS

ATTACHMENT:

Resolution Calling Special Election for Initiative Measure Enacting Hotel_Hospitality Worker Protection and Minimum Wage Ordinances RM.docx

ATTACHMENT:

Resolution Calling Special Election for Initiative Measure Requiring Statutory Development Agreement and Voter Approval for all Major Hotel RM.docx
That the City Council accept this report and that it not adopt the Ordinance outright without alteration as proposed.

AN ORDINANCE REQUIRING VOTER APPROVAL FOR MAJOR HOTEL DEVELOPMENT PROJECTS

AND MAJOR EVENT CENTER PROJECTS
That the City Council adopt the two attached resolutions to submit the two initiative ordinances to the Ontario voters at a Special Municipal Election to be held on March 24, 2026.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF ONTARIO ON THE MARCH 24, 2026 SPECIAL

MUNICIPAL ELECTION BALLOT AN INITIATIVE MEASURE TO ENACT A HOTEL, EVENT CENTER AND AIRPORT HOSPITALITY WORKER PROTECTION AND MINIMUM WAGE ORDINANCE;

REQUESTING THE COUNTY OF SAN BERNARDINO TO PROVIDE SPECIFIED ELECTION SERVICES TO CONDUCT SAID ELECTION; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF ONTARIO ON THE MARCH 24, 2026 SPECIAL

MUNICIPAL ELECTION BALLOT AN INITIATIVE MEASURE TO REQUIRE STATUTORY

DEVELOPMENT AGREEMENTS AND VOTER APPROVAL FOR ALL MAJOR HOTEL DEVELOPMENT PROJECTS AND MAJOR EVENT CENTER DEVELOPMENT PROJECTS IN THE CITY; REQUESTING

THE COUNTY OF SAN BERNARDINO TO PROVIDE SPECIFIED ELECTION SERVICES TO CONDUCT SAID ELECTION; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE.

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

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/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12

Page 1 of 1 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) December 16, 2025

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

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

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

 GC 54956.9 (d)(4) CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION One Case

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

Reported by:

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

ONTARIO HOUSING AUTHORITY

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

JOINT MEETINGS

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

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 6:31 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: None

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest reported.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Porada.

INVOCATION

Invocation was led by Pastor Alena Uhamka, First United Methodist Church.

PUBLIC COMMENT

Assistant City Clerk Isbell announced there were written communications:

Eric Nickolas Steen, regarding traffic concerns.

Erica Salvador, regarding community improvement concerns.

Greg DeRossi, regarding traffic concerns.

Lory Mason, regarding various topics.

Martha Aragon, regarding immigration and customs enforcement.

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Mayor Leon called upon the first speaker:

Tina Silva, gave a land acknowledgement and spoke regarding immigration concerns.

Lois Sicking, spoke regarding truck yard concerns.

Matt Munson, spoke regarding daylight law and parking concerns.

Maria Ramos, spoke regarding immigration and customs enforcement concerns.

Richard Ceteno, spoke regarding the downtown revitalization and costs for seismic retrofitting.

Sabrina Maldonado, spoke regarding truck traffic.

Richard Ruedas, spoke regarding temporary use permits for trucking and truck traffic.

Chris Robles, spoke regarding truck traffic.

Priscilla Garcia, spoke regarding immigration and customs enforcement concerns.

Karen Haughey, announced an Open House event on behalf of San Bernardino County Supervisor Curt Hagman’s Office.

Jennifer Daley, spoke regarding a truck yard.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa announced an update regarding agenda Item No. 13, pertaining to the attachment to the Resolution approving the Esperanza Specific Plan. The updated material provided was incorporated into the public record.

CONSENT CALENDAR

Public Comment:

Lory Mason, submitted written comments regarding Item Nos. 5 and 7.

MOTION: Moved by Council Member Macias, seconded by Council Member Bowman and carried by a unanimous vote of 5-0, to approve the consent calendar as presented.

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of October 7 , 2025, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved Bills October 3, 2025 through October 16, 2025, in the amount of $35,440,660.69, and Payroll September 21, 2025 through October 4, 2025 , in the amount of $6,140,304.94.

3. FISCAL YEAR 2025-26 FIRST QUARTER BUDGET UPDATE REPORT

The City Council approve d the budget adjustments and recommendations as presented in the Fiscal Year 2025 -26 First Quarter Budget Update Report (Exhibit A).

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4. A RESOLUTION AUTHORIZING A REQUEST TO THE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR CHANGES TO THE CALIFORNIA

ROAD SYSTEM FUNCTIONAL CLASSIFICATION MAPS FOR THE CITY OF

ONTARIO

The City Council adopted a Resolution approving a request to the State of California Department of Transportation for changes to the California Road System Functional Classification Maps.

RESOLUTION 2025-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, APPROVING A REQUEST TO THE STATE OF

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR CHANGES TO THE CALIFORNIA ROAD SYSTEM FUNCTIONAL CLASSIFICATION MAPS.

5. FUNDING AGREEMENT WITH THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY FOR THE EUCLID AVENUE SMART

CORRIDOR PROJECT
The City Council approved a Funding Agreement between the City of Ontario and the San Bernardino County Transportation Authority (SBCTA) for the Euclid Avenue Smart Corridor Project and authorized the City Manager, or his designee, to execute said Agreement and future amendments o r related documents within the City Council approved budget.

6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20281 LOCATED

GENERALLY ON CHINO AVENUE BETWEEN NEWTON AVENUE AND

ARCHIBALD AVENUE

The City Council adopt ed a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20281, located generally on Chino Avenue between Newton Avenue and Archibald Avenue.

RESOLUTION NO. 2025-155 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20281

LOCATED GENERALLY ON CHINO AVENUE BETWEEN NEWTON AVENUE AND ARCHIBALD AVENUE.

7. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22 -033 LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND CORONA AVENUE

The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-033, located at the northwest corner of 4th Street and Corona Avenue.
16 Ontario City Council/Ontario Housing Authority
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RESOLUTION NO. 2025-156 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CAL IFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.

PDEV22-033 LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND CORONA AVE.

8. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

EXCELSIOR ELEVATOR CORPORATION FOR ELEVATOR MAINTENANCE

SERVICES AND ON-CALL EMERGENCY REPAIRS

The City Council authorize d the City Manager, o r his designee, to execute Amendment No. 1 to the Maintenance Services Agreement with Excelsior Elevator Corporation, of Santa Ana, California, in the amount of $333,305 for elevator maintenance services and on-call emergency repairs at various City facili ties, for a total not-to-exceed contract amount of $483,305, and authorized the option to extend the agreement for two additional one-year terms.

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR ON -CALL GEOTECHNICAL CONSULTING AND

MATERIALS TESTING SERVICES FOR THE ONTARIO GRAND PARK

PROJECT

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 10 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, for on-call geotechnical consulting and materials testing services for the Grand Park Project in the amount of $1,168,253 for a total not -to-exceed contract amount of $2,907,138.

10. A RESOLUTION APPROVING A TEMPORARY CONSTRUCTION EASEMENT

AGREEMENT AND A PERMANENT EXCLUSIVE EASEMENT AND ACCESS

EASEMENT AGREEMENT WITH THE CHINO BASIN DESALTER AUTHORITY

The City Council adopted a Resolution approving a Temporary Construction Easement and a Permanent Exclusive Easement and Access Easement with the Chino Basin Desalter Authority for the development, operation and maintenance of a new groundwater well facility located at Grand Park, and authorized the City Manager, or designee, to execute said agreements.

RESOLUTION NO. 2025-157 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE GRANT OF A TEMPORARY

CONSTRUCTION EASEMENT AGREEMENT AND A PERMANENT EXCLUSIVE

EASEMENT AND ACCESS AGREEMENT WITH THE CHINO BASIN DESALTER AUTHORITY.
17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 4, 2025

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11. A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA25-002 REVISING AND

CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE

The Cit y Council adopt ed an Ordinance approving File No. PDCA25 -002, a Development Code Amendment revising and clarifying certain provisions of Chapters

2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), and 6.0 (Development and Subdivision Regulations) of the City of Ontario Development Code.

First reading and introduction took place at the regular meeting on October 21, 2025.

ORDINANCE NO. 3317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25 -002, A

DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), AND 6.0 (DEVELOPMENT AND

SUBDIVISION REGULAT IONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

PUBLIC HEARINGS

12. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA25 -003) BETWEEN THE CITY OF ONTARIO AND GDC INVESTMENTS 13, L.P.

The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA25-003) between the City of Ontario and GDC Investments 13 L.P .

ORDINANCE NO. 3318 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA25 -003, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND GDC INVESTMENTS 13, LP TO

ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20730 (FILE NO. PMTT24 -008) LOCATED SOUTH OF CHATHAM

STREET, WEST OF CLIFTON STREET, EAST OF AMHERST AVENUE, AND NORTH OF EUCALYPTUS AVENUE, WITHIN PLANNING AREA 11 (RD-7 / ROW TOWNHOMES) OF THE ESPERANZA SPECIFIC PLAN. (APN: 1073-101-05).

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department.

Mayor Leon opened the public hearing and called upon the speaker:

Chris Robles, spoke in opposition to the item.

Mayor Leon closed the public hearing and City Council discussed the item before coming to a consensus.
18 Ontario City Council/Ontario Housing Authority
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Page 6 of 10 ends

MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Porada, and carried by a unanimous vote of 5-0, to introduce Ordinance No. 3318.

13. A PUBLIC HEARING TO CONSIDER AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR A GENERAL PLAN AMENDMENT (FILE NO. PGPA24 -003) AND SP ECIFIC PLAN AMENDMENT (FILE NO. PSPA24-004) TO THE ESPERANZA SPECIFIC PLAN

The City Council adopted the following:

A. A Resolution approving an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364, certified by the City Council on August 16, 2022); and
B. Resolutions approving General Plan Amendment (File No. PGPA24 -003) and Specific Plan Amendment (File No. PSPA24-004)

RESOLUTION NO. 2025-158 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE USE OF AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT

REPORT, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PGPA24-003 AND PSPA24-004.

RESOLUTION NO. 2025-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA24 -003, AN

AMENDMENT TO THE LAND USE ELEMENT OF THE POLICY PLAN (GENERAL PLAN), REVISING EXHIBIT LU -01 (OFFICIAL LAND USE PLAN) AND EXHIBIT LU-03 (FUTURE BUILDOUT), AFFE CTING PROPERTY, LOCATED SOUTH OF

CHATHAM STREET, WEST OF CLIFTON AVENUE, EAST OF AMHERST

AVENUE, AND NORTH OF EUCALYPTUS AVENUE, FROM PUBLIC SCHOOL TO MEDIUM DENSITY RESIDENTIAL. AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1073 -101-050. (SEE ATTACHMENTS 1 AND 2) (PART OF CYCLE 2 FOR THE 2025 CALENDAR YEAR).

RESOLUTION NO. 2025-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA24 -004, AN

AMENDMENT TO THE ESPERANZA SPECIFIC PLAN TO REVISE THE SPECIFIC

PLAN FOR CONSISTENCY WITH THE ONTARIO PLAN POLICY PLAN
(GENERAL PLAN) LAND USE MAP. THE AMENDMENT INCLUDES [I] REVISING THE ALLOWED USES WITHIN PLANNING AREA 11 FROM SCHOOL TO RD - 7/ROW TOWNHOMES; AND [II] MODIFYING THE SPECIFIC PLAN LAND USE

MAP, DEVELOPMENT STANDA RDS, EXHIBITS, AND TEXT TO REFLECT THE

PROPOSED LAND USE CHANGES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1073-101-050.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department.

19 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 4, 2025

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The City Clerk announced one written comment:

Ran Cheng, in opposition to the item.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Porada, seconded by Council Member Macias, and carried by a unanimous vote of 5-0, to adopt Resolution Nos. 2025 -158, 2025-159, and 2025-160.

14. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE

FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE); ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF

AN ORDINANCE LEVYING SPECIAL TAXES

The City Council took the following actions:

A. Adopted a Resolution of Forma tion of Community Facilities District No. 76 (Compass Pointe), 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;
B. Adopted a Re solution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 76 (Compass Pointe); C. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 76 (Compass Pointe);
D. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Introduced and waived further reading of an Ordinance levying special taxes within City of Ontario Community Facilities District No. 76 (Compass Pointe); F. Adopted a Resolution authorizing the execution and delivery of an acquisition and funding agreement with KB Home Cal Management Services LLC; and G. Adopted a Resolution making a declaration of oﬃcial intent to reimburse facilities expenditures with bond proceeds and related actions.

RESOLUTION NO. 2025-161 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE), 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.

RESOLUTION NO. 2025-162 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DEEMING IT NECESSARY FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) TO INCUR BONDED INDEBTEDNESS.

RESOLUTION NO. 2025-163 A RESOLUTION OF THE CITY COUNCIL OF THE 20 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 4, 2025

Page 8 of 10 ends

CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE).

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by a unanimous vote of 5-0, to adopt Resolution Nos. 2025-161, 2025-162, and 2025-163.

The Assistant City Clerk announced that the ballots were in favor of the measure, resulting in all propositions passing.

RESOLUTION NO. 2025-164 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

ORDINANCE NO. 3319 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE).

RESOLUTION NO. 2025-165 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND

DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH KB HOME CAL MANAGEMENT SERVICES, LLC.

RESOLUTION NO. 2025-166 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, MAKING A DECLARATION OF OFFICIAL

INTENT TO REIMBURSE EXPENDITURES FOR COSTS OF FACILITIES WITH BOND PROCEEDS AND RELATED ACTIONS.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman, and carried by a unanimous vote of 5-0, to adopt Resolution Nos. 2025-164, 2025-165, and 2025-166 and introduce Ordinance No. 3319.

15. A GENERAL PLAN AMENDMENT (FILE NO. PGPA23 -003) PROPOSING TO AMEND THE ONTARIO PLAN 2050 POLICY PLAN (GENERAL PLAN) LAND

USE MAP

The City Council adopted a Resolution approving File No. PGPA23-003, a General Plan Amendment to amend The Ontario Plan 2050 Policy Plan (General Plan) Land Use Map to change the land use designation of approximately 5.3 acres of land located on Euclid Avenue from Mixed Use to Business Park.

RESOLUTION NO. 2025-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA23 -003, AN AMENDMENT TO THE ONTARIO PLAN 2050 POLICY PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 5.3 ACRES OF

LAND LOCATED ON EUCLID AVENUE FROM MIXED USE TO BUSINESS PARK, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1053-281-08 (PART OF 21 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 4, 2025

Page 9 of 10 ends

CYCLE 1 FOR THE 2025 CALENDAR YEAR).

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department.

The City Clerk announced one written comment:

Jasmine Osei-Enin, in opposition to the item.

Mayor Leon opened the public hearing and called upon the speakers:

Chris Robles, spoke in opposition to the item.

Jason Lee, applicant on the project announced he was available for questions.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by a unanimous vote of 5-0, to adopt Resolution No. 2025-167.

STAFF MATTERS

City Manager Ochoa made no announcements.

COUNCIL MATTERS

Council Member Porada commented on partnering with local school districts and announced the acknowledgment of the downtown murals by Smart Art.

Mayor pro Tem Wapner commented on Item No. 5 .. He requested that Staff bring back an item to fund economic development and art projects in the downtown area.

Council Member Macias concurred with bringing back an item to support art initiatives.

Council Member Bowman requested Staff bring back an item to develop funding to support art initiatives ..

Mayor Leon commented on the importance of protecting the downtown murals .

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:46 p.m., in memory of San Bernardino County Sherrif ’s Deputy Andrew Nunez, and announced the next regular meeting was scheduled for November 18, 2025.

Respectfully submitted,

22 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 4, 2025

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____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
23 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY/

ONTARIO PUBLIC FINANCING AUTHORITY

MINUTES
NOVEMBER 18, 2025
(Not Official Until Approved)
(Not Official Until Approved)(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council, Housing Authority, and Public Financing Authority were held on Tuesday, November 18, 2025, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 6:30 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: None

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest reported.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led Council Member Macias.

INVOCATION

Invocation was led by Pastor Gary Ovitt from Community Christian Fellowship.

PUBLIC COMMENT

Mayor Leon called upon the first speaker:

Gary Ovitt, spoke regarding the Leaven Kids Organization.

Tina Silva, gave a land acknowledgement and spoke regarding Immigration and Customs Enforcement concerns.

Chris Robles, spoke regarding warehouses.
24 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

Page 2 of 10 ends

Randy Bekendam, spoke regarding regenerative farming.

Kizzee, spoke regarding community concerns.

Robert Vivar, spoke regarding Immigration and Customs Enforcement concerns.

Laurie Remington, spoke regarding Giving Machines and charitable organizations.

Roxanne Bautista, read a poem.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa announced updates to Items Nos. 3 and 21. The updated materials were incorporated into the public record.

CONSENT CALENDAR

Public Comment:

Lory Mason, submitted written comments regarding Item No. 12.

Mayor Leon called upon the first speaker:

Tina Silva, spoke in opposition to Item Nos. 3 and 21.

Chris Robles, spoke in opposition to Item Nos. 3 and 21.

Randy Bekendam, spoke in opposition to Item Nos. 3 and 21.

Ana Gonzalez, spoke in opposition to Item No. 3.

Joaquin Castillejos, spoke in opposition to Item Nos. 3 and 21.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote of 5-0, to approve the consent calendar as presented.

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of October 21, 2025 , and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved Bills October 17, 2025 through October 30, 2025, in the amount of $65,500,607.46, and Payroll October 5, 2025 through October 18, 2025 in the amount of $6,563,924.83.

3. A RESOLUTION APPROVING A PUBLIC PARKS PROCEEDS AGREEMENT

BETWEEN THE CITY OF ONTARIO AND THE COUNTY OF SAN BERNARDINO

The City Council authorize d the City Manager, or his designee, to negotiate and execute the Public Parks Proceed Agreement and execute such further documents and take such actions as may be necessary or desirable to carry out the intent of the Agreement.

RESOLUTION NO. 2025-168 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE PUBLIC PARKS 25 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

Page 3 of 10 ends

PROCEEDS AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS.

4. AN AMENDMENT TO THE PROFESSI ONAL SERVICES AGREEMENT WITH

SELBERT PERKINS DESIGN FOR DESIGN SERVICES FOR THE

DEVELOPMENT OF A COMPREHENSIVE DOWNTOWN SIGNAGE AND

WAYFINDING MASTER PLAN WITH BRANDING SERVICES

That the City Council authorize d the City Manager, or his designee, to execut e Amendment No. 1 to the Professional Services Agreement with Selbert Perkins Design, of Playa del Rey, California, for design services for the development of a comprehensive Downtown Signage and Wayfinding Master Plan and graphic design and branding servi ces, in the amount of $212,000 to increase the not -to-exceed contract amount of $289,500.

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

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE)

The City Council adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 76 (Compass Pointe). Introduction and first reading took place at the regular meeting of November 4, 2025.

ORDINANCE NO. 3319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE)

6. A CONSTRUCTION CONTRACT WITH AWI BUILDERS, INC. FOR THE

CONSTRUCTION OF THE ONTARIO ARENA PLAZA PROJECT

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a Construction Contract with AWI Builders, Inc., of Ontario, California, for the Ontario Arena Plaza Project in the amount of $25,991,911 and authorized a 10% contingency of $2,599,191 for a total not-to-exceed contract amount of $28,591,102; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but 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.

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

RONALD IVIE FOR CONSULTING SUPPORT SERVICES FOR THE

ONTARIONET BROADBAND STRATEGIC PLANNING

The City Council authorized the City Manager, or his designee, to execute 26 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

Page 4 of 10 ends

Amendment No. 4 to the Professional Services Agreement with Ronald Ivie, of Boise, ID, for consulting support services for the OntarioNet Broadband strategic business, operations and technology network plannin g, and systems project management in the amount of $540,000 for a total not -to-exceed contract amount of $1,800,000 and extending the term of the agreement to June 30, 2029.

8. A PROFESSIONAL SERVICES AGREEMENT WITH TELCON SERVICES, LLC,

FOR THE ONTARIONET B ROADBAND DESIGN, ENGINEERING, MAPPING,

SYSTEM INTEGRATION, AND INSPECTION SERVICES

The City Council authorized the City Manager, or his designee, to execute a Professional Services Agreement with Telcon Services, LLC, of Eagle, ID, for the OntarioNet Broadband Integration Support services, in the amount of $1,080,000 from December 1, 2025, to November 30, 2028, with the option to extend the agreement for up to two successive one -year periods for a total not -to-exceed contract amount of $1,800,000.

9. ACCEPT AND APPROVE LAW ENFORCEMENT GRANT PROGRAM FOR FISCAL YEAR 2025-26
The City Council authorize d the City Manager or his designee to execute all documents necessary to accept and approve the Citizen' s Option for Public Safety (COPS) / Enhancing Law Enf orcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2025-26 in the amount of $281,812.

10. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.

PDA25-003) BETWEEN THE CITY OF ONTARIO AND GDC INVESTMENTS 13, L.P.

The City Council adopted an Ordinance approving a Development Agreement (File No. PDA25 -003) between the City of Ontario and GDC Investments 13 L.P.

Introduction and first reading took place at the regular meeting of November 4, 2025.

ORDINANCE NO. 3318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA25 -003, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND GDC INVESTMENTS 13, LP TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20730 (FILE NO.

PMTT24-008) LOCATED SOUTH OF CHATHAM STREET, WEST OF CLIFTON

STREET, EAST OF AMHERST AVENUE, AND NORTH OF EUCALYPTUS AVENUE, WITHIN PLANNING AREA 11 (RD -7 / ROW TOWNHOMES) OF THE ESPERANZA SPECIFIC PLAN. (APN: 1073-101-05).
27 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

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11. PROFESSIONAL SERVICES AGREEMENT FOR EMERGENCY

COMMUNICATION NURSE SYSTEM (ECNS) SERVICES WITH CONSOLIDATED

FIRE AGENCIES (CONFIRE) AND CITY OF ONTARIO

The City Council authorize d the City Manager, or his designee, to execute the Agreement between the Consolidated Fire Agencies (CONFIRE) and the City of Ontario for the provision of Emergency Communication Nurse System (ECNS) services through the Ontario Fire Department with a projected not-to-exceed amount of $333,501.00.

12. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

RMA GROUP FOR ON-CALL GEOTECHNICAL CONSULTING AND MATERIALS

TESTING SERVICES FOR THE ONTARIO SPORTS EMPIRE

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California, to provide on -call geotechnical consulting, materials testing, and special inspection services for the Ontario Sports Empire in the amount of $997,740 for a total not-to-exceed contract amount of $3,440,100; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but 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.

13. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH FREDERICK

FISHER & PARTNERS, ARCHITECTS FOR THE ONTARIO MUSEUM OF

HISTORY AND ART NORTH WING GALLERY UPGRADE

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Amendment No. 2 to the Design Services Agreement with Frederick Fisher & Partners, Architects, of Los Angeles, California, for additional work for the North Wing Gallery of the Ontario Museum of History and Art in the amount of $30,755 for a total not-to- exceed contract amount of $467,464; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but 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.

14. ACCEPT AND APPROVE LAW ENFORCEMENT GRANT PROGRAM
ADDITIONAL AWARD FOR FISCAL YEAR 2024-25

28 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

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The City Council authorize d the City Manager or his designee to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS) /Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant growth payment for Fiscal Year 2024-25 in the amount of $284,159.13.

15. A PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS U.S. INC. FOR

THE DEVELOPMENT OF A WATER RESOURCES OPTIMIZATION PLAN

The City Council authorized the City Manager, or designee, to execute a three-year Professional Services Agreement with Arcadis U.S. Inc., of Los Angeles, California, for the development of a Water Resources Optimization Plan for a not -to-exceed amount of $1,579,488 and a term from November 18, 2025 to November 17, 20 28, with the option to extend the Agreement for up to two additional one -year terms consistent with City Council approved budgets.

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

The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement, with Great Lakes Data Systems (GLDS), Inc., of Wisconsin, increasing the not-to-exceed contract amount to $403,540 and extending the term of the agreement to June 30, 2028.

17. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

CONVERGINT TECHNOLOGIES, LLC FOR ENHANCEMENT OF CITYWIDE

VIDEO COVERAGE

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 7 to the Maintenance Services Agreement with Convergint Technologies, LLC, of La Palma, California, increasing the authorized contract amount for the increased Citywide video coverage by $95,053 for a total not -to- exceed amount of $4,485,189.

18. PURCHASE OF A NEW REPLACEMENT HELICOPTER AND EQUIPMENT

The City Council authorized the City Manager, or his designee, to execute a sole source purchase agreement with Airbus Helicopters, of Grand Prairie, T exas in the amount of $4,628,531 for the purchase of a new police helicopter, and execute a purchase agreement with Hangar One Avionics Inc., of Carlsbad, California in the amount of $2,745,248 for the purchase and installation of specialized equipment; and execute a required 30% deposit to Airbus in the amount of $1,388,559.

19. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING WITH THE

COUNTY OF SAN BERNARDINO FOR THE OPERATION OF THE WEST END

NAVIGATIONAL CENTER

The City Council took the following actions:
29 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

Page 7 of 10 ends

A. Approved the Memorandum of Understanding between the City of Ontario, the County of San Bernardino, and the cities of Chino, Chino Hills, Fontana, Montclair, Rancho Cucamonga, Rialto, and Upland for the operation of the West End Navigation Center.

B. Authorized the City Manager, or his designee to execute the MOU and related documents necessary to implement participation.

20. AN AGREEMENT WITH THE CITY OF EASTVALE FOR OPERATIONS AND

MAINTENANCE OF THE LANDSCAPED MEDIAN ON MILLIKEN AND HAMNER

AVENUES

The City Council approve d an Agreement with the City of Eastvale for the shared Operations and Maintenance (O&M) of the landscaped median on Milliken and Hamner Avenues between the State Route (SR) 60 Freeway and Bellegrave Avenue.

21. A RESOLUTION APPROVING A PARKS INCENTIVE REIMBUR SEMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE COUNTY OF SAN

BERNARDINO

The City Council authorized the City Manager, or his designee, to execute such further documents and take such actions as may be necessary or desirable to carry out the intent of the Agreement.

RESOLUTION NO. 2025-169 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE PARKS INCENTIVE

REIMBURSEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS.

PUBLIC HEARINGS

22. LEASE FINANCING PLAN FOR THE PROPOSED ACQUISITION OF PROPERTY LOCATED AT 9175 EAST CHINO AVENUE

The City Council authorize d the City Manager, or his designee, to execute all documents required for the completion of the lease -leaseback financing within the authorization limits and adopt a Resolution approving:

A. The financing for the acquisition of real property located at 91 75 East Chino Avenue for a period of five (5) years; and
B. The Lease Agreement between the City of Ontario and the Ontario Public Finance Authority; and
C. The Site and Facility Lease between the City of Ontario and Ontario Public Finance Authority; and
D. All documents required to be delivered pursuant to the Lease Agreement and/or Site and Facility Lease, including without limitation the Assignment Agreement and Note.
30 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

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The Ontario Public Finance Authority authorize d the Executive Director, or his designee, to execute all documents required for the completion of the lease - leaseback financing within the authorization limits and adopt a Resolution approving:

A. The financing for the acquisition of real property located at 9175 East Chino Avenue for a period of five (5) years; and
B. The Lease Agreement between the City of Ontario and the Ontario Public Finance Authority; and
C. The Site and Facility Lease between the City of Ontario and Ontario Public Finance Authority; and
D. The Assignment Agreement between the Ontario Public Finance Authority and the Ronald and Kristine Pietersma Family Trust.

RESOLUTION NO. 2025-170 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING PROCEEDINGS AND

AGREEMENTS RELATING TO THE FINANCING OF PUBLIC CAPITAL

IMPROVEMENTS FOR PUBLIC PURPOSES, APPROVING PREPARATION AND

DELIVERY OF A NOTE BY THE ONTARIO PUBLIC FINANCING AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS.

RESOLUTION NO. OPFA -014 A RESOLUTION OF THE ONTARIO PUBLIC

FINANCING AUTHORITY AUTHORIZING THE PREPARATION OF A LEASE

REVENUE NOTE IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $25,500,000 IN CONNECTION WITH THE FINANCING OF PUBLIC

CAPITAL IMPROVEMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A

SITE AND FACILITIES LEASE, LEASE AGREEMENT, ASSIGNMENT

AGREEMENT, NOTE AND AUTHORIZING OFFICIAL ACTIONS AND
EXECUTION OF RELATED DOCUMENTS.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discission.

MOTION: Moved by Council/Board Member Bowman , seconded by Council /Board Member Porada, and carried by a unanimous vote of 5-0, to adopt Resolution Nos. 2025- 170 and OPFA-014.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

23. QUALIFICATION OF TWO INITIATIVE MEASURE PETITIONS PROPOSING TO

REQUIRE VOTER-APPROVED DEVELOPMENT AGREEMENTS FOR MAJOR

HOTEL AND EVENT CENTER PROJECTS AND ESTABLISHING

HOTEL/HOSPITALITY WORKER PROTEC TION AND MINIMUM WAGE

REQUIREMENTS

31 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

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The City Council receive d, file d, and accept ed the certificate(s) of suﬃciency of initiative petition signatures as valid in all respects; and order ed an impact report from Staﬀ for both initiative measures to be brought back to Council at the regular meeting of December 16, 2025.

Mayor Leon called on the speakers:

Andy Seymor, not present.

Estefany Castaneda, not present.

MOTION: Moved by Council Member Bowman, seconded by Council Member Macias, and carried by a unanimous vote of 5-0, to receive, file, and accept the certificate(s) of suﬃciency and ordered an impact report from Staﬀ to be brought back to Council at the regular meeting of December 16, 2025.

STAFF MATTERS

City Manager Ochoa made no announcements.

COUNCIL MATTERS

Council Member Porada announced local organizations accepting donations.

Mayor pro Tem Wapner made no comments.

Council Member Macias made no comments.

Council Member Bowman made no comments.

Mayor Leon commented on the recent Leaven Kids event.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:10 p.m. and announced the next regular meeting was scheduled for December 2, 2025.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:
32 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – November 18, 2025

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_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
33 Department: Economic Development
Prepared By: Thailin Martin
Department:

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

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

A RESOLUTION DECLARING CITY OWNED PROPERTY SURPLUS LAND PURSUANT TO GOVERNMENT CODE 54221, APPROVING THE NOTICE OF AVAILABILITY, AND

FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The City currently owns real properties located
North of Phillips Street
and West of South Mountain Avenue and North of Philadelphia Street and West of Wineville Avenue identiﬁed with Assessor’s Parcel Numbers (APN) 101-157-114 and 238-152-27 , described and
depicted in Exhibit "A" of the attached Resolution, which APN 101-157-114
constitutes
approximately 0.554 acres and APN
238-152-27
constitutes approximately 15.25 acres (“Property”).

The Property is not needed for agency purposes and, as a result, the City desires to dispose of the Property.

Eﬀective January 1, 2020, AB 1486 amended the Surplus Land Act, Government Code Section 54220 et seq. (“SLA”), which prescribes the process for disposal of surplus land. Bef ore taking any action to
dispose of the Property, the City must ﬁrst comply with the SLA. The SLA requires all local agencies to prioritize aﬀordable housing, as well as parks and open space, when disposing of surplus land.

New legislation which took eﬀect on January 1, 2020, requires that before a local agency takes any action to dispose of land, the land must be declared either “surplus land” or “exempt surplus land,” 34 as supported by written ﬁndings. “Surplus land” means the land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.

Staﬀ has determined the Property is “surplus land” that is subject to the SLA process, and that no exceptions apply. Accordingly, before taking steps to dispose of the Property, the City needs to comply with the SLA by taking formal action to declare the property surplus. Adoption of the attached Resolution would declare the Property as surplus land.

The SLA process for “surplus land” involves several steps. After designating real property as non- exempt surplus land, the City must send Notices of Availability to aﬀordable housing developers, public agencies, and other entities required to receive notice under the SLA. Any party receiving a Notice of Availability and interested in acquiring the surplus property must notify the City in writing within 60 days after the Notice of Availability is transmitted. If such notice is received, the City must enter into good faith negotiations to determine a mutually satisfactory sale or dispose of price and terms. Nothing in the SLA prevents the City from obtaining fair market value for the disposition of surplus land.

Accordingly, the City has the power to sell or dispose of surplus land at fair market value or at less than fair market value (Gov't Code § 54226). If the price or terms cannot be agreed upon after a good faith negotiation period of not less than ninety (90) days, the land may be disposed of without further regard to SLA procedures, other than submitting a report to the California Department of Housing and Community Development ("HCD") and recording an aﬀordability covenant on the Property.

After the City has sent Notices of Availability and concluded attempts to negotiate in good faith with any interested party, the City must provide a report to HCD. HCD then has thirty (30) days to notify the City whether it has violated the SLA. The City would then have sixty (60) days to correct the violation or to submit ﬁndings as to why the law was not violated. If the City is not notiﬁed of a violation by HCD within thirty (30) days after submitting the required materials, the City receives “safe harbor” and is not subject to the SLA’s penalty provisions. The City will also have to record an aﬀordability covenant on the Property that will apply if ten (10) or more residential units are developed on the Property.

Adopting the attached Resolution will declare that the property is “surplus land” under the SLA and direct Staﬀ to comply with the SLA. Staﬀ has determined pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) that the designation of the Property as non-exempt surplus, approval of the form of Notice of Availability, and authorization for the City Manager to comply with the Act will not result in a direct or reasonably foreseeable indirect physical change in the environment and as such is exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3).
35 RESOLUTION NO. ________

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 NORTH OF PHILLIPS STREET AND WEST OF

SOUTH MOUNTAIN AVENUE AND NORTH OF PHILADELPHIA STREET
AND WEST OF WINEVILLE AVENUE , IDENTIFIED WITH ASSESSOR’S PARCEL NUMBERS 101-157-114 AND 238-152-27, IS SURPLUS LAND,

APPROVING THE NOTICE OF AVAILABILITY THEREFOR E,

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
SECTION 15060(C)(3) OF THE STATE CEQA GUIDELINES AND
DIRECTING STAFF TO ISSUE A NOTICE OF EXEMPTION.

WHEREAS, the City of Ontario ("City") is the owner in fee simple of that certain real property, located North of Phillips Street and West of South Mountain Avenue and North of Philadelphia Street and West of Wineville Avenue identified with Assessor’s Parcel Numbers 101-157-114 and 238-152-27, which in total is approximately 15.804 acres, as identified and depicted in “Exhibit A” attached hereto and by this reference incorporated herein (the “Property”); and

WHEREAS, the City no longer has any use for the Property; and

WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and

WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and

WHEREAS, the Act requires that prior to the disposal of any surplus land, unless when an exemption applies, a local agency must issue a Notice of Availability to, among others, affordable housing developers, and thereafter, if any entity submits a qualified Notice of Interest within sixty (60) days of issuance of the Notice of Availability, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities; and

WHEREAS, the Property is not exempt from the Act; and

WHEREAS, a form of the Notice of Availability i s attached hereto as “Exhibit B ”; and

36 WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) City staff has determined that the designation of the Property as non -exempt surplus, approval of the form of Notice of Availability, and authorization for the City Manager to comply with the Act will not result in a direct or reasonably foreseeable indirect physical change in the environment and as such is exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3); and

WHEREAS, if and when any of the Property is sold to a purchaser, and that purchaser proposes a use for the Property that requires a discretionary approval, any potential future use will be subject to CEQA as this Resolution does not propose a binding commitment to any particular use of the Property.

NOW, THEREFORE, BE IT RESOLVED , FOUND, DETERMINED AND ORDERED by the City Council of the City as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council of the City.

SECTION 2. The City Council hereby finds and declares that the Property is “surplus land” as used in the Act, because the Property is owned in fee simple by the City, and the Property is surplus and not necessary for the City’s use.

SECTION 3. The City hereby approves the form of Notice of Availability substantially in the form attached hereto as “Exhibit B.”

SECTION 4. The City Council hereby authorizes the City Manager or designee to take all necessary actions to fully comply with the Act without further need to obtain further City Council approval.

SECTION 5. Pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) the designation of the Property as non- exempt surplus, approval of the form of Notice of Availability, and authorization for the CITY MANAGER to comply with the Act will not result in a direct or reasonably foreseeable indirect physical change in the e nvironment and as such is exempt from further review under CEQA pursuant to State CEQA Guide lines Section 15060(c)(3) . If and when any of the Property is sold to a purchaser, and that purchaser proposes a use for the Property that requires a discretionary approval, any potential future use will be subject to CEQA as this Resolution does not constitute a binding commitment to any particular use of the Property. Staff is directed to issue a Notice of Exemption regarding this determination.

SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

37 SECTION 7. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 16th day of December 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

38 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 December 16, 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 December 16, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
39 EXHIBIT A

PROPERTY DESCRIPTION

Property located North of Phillips Street and West of South Mountain Avenue and North of Philadelphia Street and West of Wineville Avenue identified with Assessor’s Parcel Numbers 101-157-114 and 238-152-27.

Property North of Phillips Street and West of South Mountain Avenue APN 101-157-114 (approx. 0.554 ac)

Property located North of Philadelphia Street and West of Wineville Avenue APN 238-152-27 (approx. 15.25 ac)

APN:
238-152-27
(Approx.

15.25 ac)
APN: 101-157-114
(Approx. 0.554 ac)
40 EXHIBIT B

FORM OF NOTICE OF AVAILABILITY
[to be filled in prior to issuance]
[DATE]

To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property

As required by Government Code Section 54220 of the State of California, the City of Ontario (“City”) is providing notification that the City intends to sell the surplus property listed in the accompanying table.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on price and terms, the City may market the property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in buying the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to:

[INSERT STAFF CONTACT AND TITLE]
[INSERT MAILING ADDRESS]

You may also direct your questions to [INSERT EMAIL] or by calling [INSERT PHONE NUMBER].

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).

Attachment: Property Description Form

41 Property Description Form
[to be filled in prior to issuance]

Jurisdiction Name
Jurisdiction Type
Site Address/Intersection
City
Five Digit ZIP Code
County
Assessor Parcel Number
Consolidated Sites
General Plan Designation (Current)
Zoning Designation (Current)
Minimum Density Allowed (units/acre)
Maximum Density Allowed (units/acre)
Parcel Size (Gross Acres)
Existing Use/Vacancy
Minimum Sales Price
Last Appraised Value
Last Appraised Date
Optional Information 1
Optional Information 2

42 Department: Utilities
Prepared By: Thomas Palmieri
Department:

Prepared By: Thomas Palmieri
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

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

A DESIGN SERVICES AGREEMENT WITH N2W ENGINEERING INC. FOR MILLIKEN BOOSTER STATION PROJECT, CONTRACT NO. UT1083

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or designee, to execute a Design Services Agreement with N2W Engineering Inc., of Irvine, California for design services for Milliken Booster Station for an amount of $365,166, plus a 15% contingency of $54,775, for a total not-to-exceed amount of $419,941, and a term of December 16, 2025 to December 16, 2028 with two optional one-year term extensions.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Proposed Design Services Agreement with N2W Engineering Inc., (N2W) is for design services for Milliken Booster Station (MBS) for an amount of $365,166, plus a 15% contingency of $54,775, for a total not-to-exceed amount of $419,941. Expenditures will be based on N2W’s proposal and negotiated rates.

The Fiscal Year 2025-26 Capital Improvement Program Budget includes appropriations from the Water Capital Fund. This project is one of several projects identiﬁed in the Water Bond issuance approved by City Council on July 16, 2024. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City’s draft 2025 Water Master Plan identiﬁed the need for a booster station to transport potable water from the 1010 Pressure Zone (PZ) to the 1212 PZ, improving the operational eﬃciency of the Well 37 & 39 Ion Exchange Treatment Plant (37/39 IX 43 Plant). In 2024, the 37/39 IX Plant was commissioned to transport a blend of treated groundwater from Well Nos. 37 and 39 to the two adjacent 1010 PZ reservoirs. Additionally, the City maintains an interconnection with Chino Basin Desalter Authority (CDA) at this site to receive a portion of its pre- purchased water. This water can be conveyed to either the 1010 PZ or the 1212 PZ through the existing CDA owned, City operated booster station. All these water production assets are located at
the southeastern corner of the 10 FWY and Milliken Ave crossing (see Attachment 1).

At various times throughout the year, the combined production from the 37/39 IX Plant and CDA exceeds the demand in the 1010 PZ. When this occurs by formal agreement with CDA, the City operates the CDA booster station to pump the excess CDA water into the higher 1212 PZ.

The 37/39 IX Plant, with a total of four treatment trains, has the capabilities to produce over 8.64 million gallons a day (MGD) when both wells are in production. However, Staﬀ currently operates one well at a time with two of the treatment trains ﬁlled with treatment media to produce approximately 4.32 MGD.

This proposed project entails solicitation of an engineering consultant to develop a Feasibility Study and Preliminary Design Report (PDR) to assess the beneﬁt of designing, constructing, and maintaining a new independent booster station adjacent to the existing CDA booster station. The independent booster station would allow the City to utilize the 37/39 IX Plant in full production, maintain continuous water ﬂow to maximize treatment media life expectancy, and provide operational ﬂexibility to pump excess water from the 1010 PZ into the 1212 PZ. The City’s ability to utilize the 37/39 IX Plant’s full production capacity will increase operational ﬂexibility and possibly reduce the need for additional production facilities in these two PZs.

If the MBS is considered a viable project upon the completion of the PDR, City Staﬀ will proceed with soliciting design services for a complete set of plans and specifications to construct the MBS.

On September 4, 2025, three proposals were received for Bid No. 1936, MBS:

Bidder
Locations
Ardurra Group Inc.

Newport Beach, CA
N2W Engineering Inc.

Irvine, CA
TKE Engineering Inc.

Riverside, CA

Using a qualiﬁcation-based selection process, City Staﬀ reviewed the proposals and recommends N2W Engineering Inc. based on their expertise, understanding of the City’s needs, and history of completing similar projects.

44 ATTACHMENT 1

OMUC CONTRACT No. UT1083

CITY OF ONTARIO

MILLIKEN BOOSTER STATION PROJECT

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CITY OF ONTARIO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as of _________ , by and between the City of Ontario, a municipal corporation organized and operating 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”), an d N2W Engineering Inc., a Corporation, with its principal place of business at 3240 El Camino Real, Suite 120, Irvine, CA 92602 (hereinafter referred to as “Consultant ”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering design services required by the City on the terms and conditions set forth in this Agreement. Consultant warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Consultant is a corporation or other organization, the Project Consultant designated pursuant to Section 3.2, and not the Consultant itself, shall be fully licensed to practice as an engineer in the State of California.

2.3 Project. City desires to engage Consultant to render such services for the Milliken Booster Station, OMUC Contract No. UT1083 ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Consultant.

3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement

NOTICE OF INTENT TO AWARD
October 9th, 2025
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

ENTER DATE

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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(hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance wit h, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from December 16, 2025 to December 16 2028 , unless earlier terminated as provided herein . The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Consultant; Key Personnel.

3.2.1 Engine er of Record. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates James Wang (License No. 81123) to act as the Engineer of Record for the Project. The Engineer of Record shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record shall be of at least equal competence as the prior Engineer of Record. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Engineer of Record, Consultant has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event that City and Consultant cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: Jamal Awad, Project Manager (License No. 50719) and Justin Scheidel, Design Manager (License No. 82058)

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ . Consultant shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project , and to delegate to them such duties as Consultant may delegate without relieving Consultant from administrative or other responsibility under this Agreement.

Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work 47 46700.00100\40935196.1
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to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.2 Qualification and License . All architects, engineers, experts and other consultants retained by Consultant in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance . All architects, engineers, experts and other consultants hired by Consultant shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Consultant’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes . Consultant shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Consultant’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care . 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 qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Consultant shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions 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.

3.4.2 Performance of Employees . Any employee or consultant 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 or consultant 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.
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3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Consultant by law. Consultant shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. Consultant shall de fend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications . Consultant shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Consultant. Consultant shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of al l such drawings and specifications, the Consultant shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Consultant and City.

3.5.3 Americans with Disabilities Act . Consultant will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Consultant shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretati ons of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Consultant’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Consultant, and the Consultant shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Consultant request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Consultant shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Consultant shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Consultant shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 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 limita tion, all applicable provisions of the City’s ordinances 49 46700.00100\40935196.1

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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 (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant shall 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. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates . City retains Consultant on an independent contractor basis and Consultant is not an employee of City. Consultant is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City, and shall at all times be under Consultant’s exclusive direction and control. 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.

3.7 Schedule of Services.

3.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard . Consultant shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in t he achievement of any Project milestones, as provided herein.

Specifically, Consultant shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Consultant agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule . Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Consultant cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Consultant without the prior written approval of City. If the Consultant’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Consultant will be responsible.
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3.7.4 Excusable Delays . Any delays in Consultant’s work caused by the following may be added to the time for completion of any obligations of Consultant: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Consultant; and (5) any Force Majeure Event (as defined herein) or other unforeseen occurrence not due to any fault or negligence on the part of Consultant. Neither the City nor the Consultant shall be liable for damages, liquidated or otherwise, to the other on account of such delays.

3.7.5 Force Majeure Events. 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. Should a Force Majeure Event occur, the non- performing Party shall, within fifteen (15) calendar days of the beginning of an Force Majeure Event, give written notice to the other Party describing th e circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events 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.

3.7.6 Request for Excusable Delay Credit . The Consultant shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Ag reement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extens ion. The City’s findings of fact thereon shall be final and conclusive on the Parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Consultant for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the Parties shall mutually agree thereto pursuant to the Additiona l Services provision of this Agreement. Should Consultant make an application for an extension of time, Consultant shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Services.

3.8.1 Request for Services . At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services 51 46700.00100\40935196.1
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listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted architectural practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) 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 for the Consultant to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Consultant shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Consultant as to the compensation to be paid for such services. City shall pay Consultant for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Consultant pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services . Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Consultant was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project . Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor . Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Consultant to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions . Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Consultant. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Consultant is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services . Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Consultant's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget 52 46700.00100\40935196.1

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limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey . If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies . Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Manager, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents . Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Consultant’s Compensation for Basic Services . City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Three Hun dred S ixty-Five, One Hundred Sixty -Six Dollars ($365,166) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
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3.10.2 Payment for Additional Services . At any time during the term of this Agreement, City may request that Consultant perform Additional Services. As used herein, Additional Services 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 . Any additional work in excess of this amount must be approved by the City . If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Consultant shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses . Reimbursable expenses are in addition to compensation for the Services and Additional Services. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Consultant in the interest of the Project.

Consultant shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication cost s in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Consultant. Consultant’s compensation and reimbursable expenses shall be paid by City to Consultant no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Consultant shall present to City an itemized statement which indicates Services performed, percen tage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appr opriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Consultant shall never exceed the percentage amounts authorized by the phasing and funding schedule lo cated in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the Parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement . City shall, within thirty (30) days of receiving such statement, review 54 46700.00100\40935196.1
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the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Consultant shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Consultant. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or cau sed by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The Ci ty may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Consultant is liable under the Agreement or state law. Payments to the Consultant for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Consultant shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from Parties not within the Consultant’s reasonable control.

3.10.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with and to require its consultants 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 a t the Consultant’s principal place of business and at the Project site. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records ( Labor Code Section s 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Cod e Section 1771.4.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.
(a) Registration/DIR Compliance. If the Services are being performed as part of an applicable “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 performing such Services must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain 55 46700.00100\40935196.1

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registration for the duration of the Project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consul tant’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 Department of Industrial Relations against Consultant or any subconsultant.

3.10.7 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 transfe rs, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.11 Notice to Proceed.

Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Consultant’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Consultant shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Consultant may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Consultant as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice 56 46700.00100\40935196.1
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from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.

3.12.3 Documents and Other Data . Upon suspension, abandonment or termination, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Consultant’s Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this A greement hereinafter, to use such Project Documents prepared by or on behalf of Consultant under this Agreement.

Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Consultants. 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.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, architectural presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agre ement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Do cuments”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Consultant or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Consultant shall provide to City copies of all Project Documents required by City. In addition, Consultant shall retain copies of all Project Documents 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 reasonable duplication costs. Before destroying the Project Documents following t his retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect 57 46700.00100\40935196.1
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to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Consultant shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant’s seal from the Project Documents and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Consultant shall require any and all subcontractors and consultants to agree in writing that City is granted a non -exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Consultant represents and warrants that Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Consultant prepares or causes to be prepared pursuant to this Agreement. Consultant shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Consultant makes no such representation and warranty in regard to previously prepared des igns, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Consultant and provided to Consultant by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Proje ct Documents 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 written consent of City.

3.14 Indemnification.

3.14.1 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 Consul tant, 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 58 46700.00100\40935196.1
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survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 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 2 782.8, 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.

3.15 Insurance. 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.

3.15.1 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, Consultant shall, at its expense, procure and maintain in full force and effect for the duration 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.

3.15.2 Additional Insured. The City of Ontario, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(i) Bodily Injury and Property Damage
(ii) Personal Injury/Advertising Injury
(iii) Premises/Operations Liability
(iv) Products/Completed Operations Liability
(v) Aggregate Limits that Apply per Project
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(vi) Explosion, Collapse and Underground (UCX) exclusion deleted
(vii) Contractual Liability with respect to this Contract (viii) Broad Form Property Damage
(ix) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
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(b) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the Sta te of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type a nd limits as specified in this Section.

3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be written on a policy form cover age 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 must include a provision establishing the insurer's duty to defend.

3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Coverage Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)

(b) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
(c) Defense costs shall be payable in addition to the limits. (d) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 61 46700.00100\40935196.1
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3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s repr esentative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

3.15.9 Policy Provisions Required
(a) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 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.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy wi th a retroactive date subsequent to the effective date of this Agreement.
(d) 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 insuranc e clauses from each of its subconsultants.
(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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3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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 admitted to transact in the 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.

3.15.11 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 the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.15.12 Subconsultant Insurance Requirements
(a) Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may appr ove different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 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 five (5) years from the date of final payment under this Agreement.
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3.17 Standardized Manufactured Items.

Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for engineering services between City and the Consultant chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the Parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the Parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Consultant shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos -containing material or other material deemed to be hazardous by the state or federal government was specified as a buildi ng material in any construction document that the Consultant prepares for the Project. Consultant shall require all consultants who prepare any other documents for the Project to submit the same written certification. Consultant shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbest os or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Consultant shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
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3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

3.27 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 its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Consultant shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Consultant shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Consultant's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
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CITY:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Dennis Mejia, P.E., Utilities Engineering
Manager, OMUC
CONSULTANT:

N2W Engineering, Inc.
3240 El Camino Real, Suite 120,
Irvine, CA 92602
Attn: James Wang
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.

3.30 Time of Essence.

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

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. 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. Further, 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. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 Conflict of Interest . For the term of this Agreement, no director, official, 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.

3.33 Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.

Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.34 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.

3.35 Subcontracting.

As specified in this Agreement, 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 each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the Parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the Parties hereto. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all Parties hereto.

SIGNATURES ON FOLLOWING PAGE
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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND N2W ENGINEERING, INC.

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

CITY OF ONTARIO N2W Engineering, Inc.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
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Ex. A - 1 (BB&K 2020)

EXHIBIT “A”

PROPOSED SCOPE OF SERVICES
FOR

PROVIDING PROFESSIONAL DESIGN SERVICES
FOR
MILLIKEN 1010 PZ TO 1212 PZ BOOSTER STATION (UT1083)
The Consultant is responsible for providing the following general Scope of Services:

1. GENERAL REQUIREMENTS.

Background
In 2024, Well No. 37 and 39 Ion Exchange Plant (37/39 IX Plant) was commissioned to transmit treated water to the two adjacent 9 -million-gallon (MG) reservoirs to supply potable water to the 1010 Pressure Zone (PZ). The 37/39 IX Plant can produce approximately 6,000 gallons of treated water per minute (gpm) when both wells are in production. The 37/39 IX Plant has a total of four (4) treatment trains. Currently, two (2) of the treatment trains are filled with media enabling the treatment of one well at a time, approximately 3,000 gpm. Even with this reduced production rate, the plant must be shut down during periods of low demand in the 1010 PZ.

The City is requesting a professional engineering consultant to complete a feasibility study (FS) and preliminary design report (PDR) to construct a new booster station facility capable of transmitting water produced by the 37/39 IX Plant to the nearby 1212 PZ transmission mains. The new booster station would allow the City to utilize the full production capabilities of the 37/39 IX Plant by providing staff the flexibility to transmit water from the 1010 PZ to the 1212 PZ, based on varying demands in the PZs.

1.1 Basic Services. Consultant agrees to perform all the necessary professional, engineering (e.g. mechanical, electrical, plumbing, structural, civil, site engineering), and any other necessary engineering services mutually agreeable to the parties for the Project in a tim ely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. The following services will be excluded from the basic services listed above: “N/A”, NOT APPLICABLE.

1.3 Communication with City. Consultant will participate in consultations and conferences with authorized representatives of City and/or other local, regional, or State agencies concerned with the Project, which may be necessary for the completion of the Project or the development of documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences will continue throughout the planning and development of the Project. Consultant will take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any Construction Manager hired by the City.
69 46700.00100\33865500.1
Ex. A - 2 (BB&K 2020)

1.3.1 Weekly Project Check-ins. Consultant will provide a minimum of one brief weekly project update via telephone call to the City’s Project Manager and follow-up the telephone call with a brief email to summarize the discussion. The Weekly Check -in will include: current project status; tasks or items completed since last project update; tasks and items expected to be completed in the coming week; any issues that may affect project status; and any action items for the Consultant and City.

1.3.2 Meeting Agendas and Minutes with Action Items. Agendas, with attachments, will be sent at least one full business day prior to the date of the meeting. Meeting Minutes (draft and final) with Action Items will be sent within three business days after: all Meetings regarding the Project, including meetings with the City or any other parties; and after all Project communications regarding change in project status.

1.3.3 Monthly Billings. Invoices will include, at a minimum, number of hours budgeted for each task or sub -task, number of hours spent during the month and cumulative for the project. In addition, the monthly invoices will identify labor, indirect and other project related costs incurred during the month and brief description of the activities. Consultant will provide to the Project Manager one (1) electronic copy (smart pdf).

1.3.4 Monthly Billing Status Reports. A Monthly Billing Status Report will be submitted with the Monthly Billing Invoice, which includes: summary of work completed and review of work status relative to budget and schedule. Any divergences between work completed and budget expended and schedule needs to be specifically explained and addressed to avoid future budget short-comings and delays in schedule.

1.3.5 Updated Project Schedule. The Project Schedule will be updated monthly, or whenever there is an expected change to the deliverables schedules and will address any deviation from the schedule, if any. Updated project schedules will be sent with the appropriate weekly check-in.

1.3.6 Updated Project Budget. The Project Budget (including an itemized Costs Estimate) will be updated whenever there are changes that are expected to significantly impact estimated Project Budget, and at a minimum, with the completion of each task.

1.3.7 Kickoff Meeting: Consultant will organize, prepare and facilitate the Project Kickoff Meeting. The kickoff meeting will include an agenda and a review of project scope, schedule, establish project communication procedures, define project deliverables, and meeting schedule.

1.3.8 Decision Log: Consultant will maintain a decision log in order to record the decisions made by the project team. The decision log will contained all decisions, including those made during the technical workshops, project meetings, telephone conversations and emails.

Decision Log at the minimum will include the following heading: item number, date, item action description, decision made, action taken, notes.
70 46700.00100\33865500.1
Ex. A - 3 (BB&K 2020)

1.3.9 Format of Deliverables: Consultant will submit all original documents in one or more of the followings formats as directed to by the City: MS Word, MS Excel, MS Project, MS Power Point, PDF, AutoCAD, Arc GIS.
71 46700.00100\33865500.1
Ex. A - 4 (BB&K 2020)

PROJECT TASKS
Consultant will provide Professional Engineering services for a feasibility study (FS) and preliminary design report (PDR) for a new booster station and transmission main connection (Project). This scope of work for Professional Engineering services is based on a set of assumptions as described below. The scope includes two tasks and one optional task with subtasks, as follows:

Task 1 – Feasibility Study (FS) and Preliminary Design Report (PDR) for a new Booster Station Objective: Consultant shall prepare a draft and final FS and PDR for the new booster pump, site improvements, and transmission main connections consistent with City’s standards, master plans, existing property limits and requirements from other agencies. These guidelines are available at the City’s website (https://www.ontarioca.gov/Engineering/DesignGuidelines).

Task 2 – CEQA Compliance
Objective: Prepare appropriate environmental documentation to fulfill CEQA requirements associated with the project.

Task 3 – Additional Optional Services
Objective: Provide the Consultant an opportunity to identify any additional work that may be beneficial to the Project that is not otherwise already specified in this Scope of Work.

TASK 1 - PRELIMINARY DESIGN REPORT (PDR) FOR NEW BOOSTER STATION Task 1.1 Project Kick-Off Meeting
Consultant shall review all available guidelines, record drawings and general requirements for the project in preparation for the kickoff meeting.

The kickoff meeting will be required with Ontario Municipal Utilities Company (OMUC) to discuss design criteria, performance requirements, and project approach. • Consultant will begin this project with a kick-off meeting with City staff. This meeting is a key opportunity for City representatives and the Consultant team to steer and further clarify critical elements of the project. The meeting agenda will focus on the project understanding, team member involvement, project constraints, project progress, and anticipated design development impediments. This meeting will also include a review of background information and project scope as well as an overview of the project schedu le, objectives, milestones and details.
• Consultant will interview key personnel of the Engineering, Water Production, and Operations staff to incorporate design preferences and fully understand the issues influencing the project.
• Consultant will establish a single point of contact and commit that person for the duration of the Project to provide timely information relative to the Project issues. • Consultant will prepare project weekly status reports, meeting minutes and recognize critical issues early on to discuss and resolve them with City staff. 72 46700.00100\33865500.1
Ex. A - 5 (BB&K 2020)

• The project requires project management which includes project setup, scheduling, controlling, and correspondence. Correspondence includes telephone conversations, emails, project status reports, monthly status reports, project memorandums when necessary a nd detailed monthly invoices.

Task 1.2 Outside Agency Coordination
The successful implementation of the project will include coordination with SCE, SCE Transmission, DDW, CDA, SBCTA ONT Connector Project, and various other agencies. The Consultant will establish a point of contact from each agency that will be able to provide any technical input and submit all necessary plans and specifications to secure all approvals and permits that will be necessary to construct the project. Consultant, on the City’s behalf, shall procure all permits, waivers, licenses and other authorizations necessary to accomplish work.

Data relevant to the required engineering work will be identified, collected, and assembled. The primary purpose will be to identify data required from the City, utility companies, permittee, agencies with vested interest in the project (e.g. SCE, SCE Tra nsmission, DDW, CDA, SBCTA ONT Connector Project, and various other agencies) and other sources to ensure that the design proceeds in accordance with the requirements of the many entities involved. The design should consider location and unground transmission main connections that will not impede future service needs based on interim and final buildout of the booster station site and future SBCTA ONT Connector Project. Information will include, but not be limited to, existing maps, reports, record drawings and other data that are readily available in hardcopy or electronic format. A list of all the requested documents collected under this task, including a brief item description, will be provided to the City.

Task 1.3 Surveying
Complete surveying and aerial mapping of the site will be performed. These services will provide for topographic survey and verification of existing elevations and slopes. Consultant will provide the following surveying services:
• Obtain permits (applications) as required from other agencies • Research county records for survey control,
• Establish survey ground control for aerial mapping using NAD83 coordinates and City/County benchmarks, and
• Provide aerial mapping by photogrammetric methods at 40 -scale, one foot contour intervals, width of survey shall be R/W to R/W (CADD & PDF files) Task 1.4 Potholing Services
Record data research of utility record drawing information may fail to accurately identify both vertical and horizontal locations of subsurface facilities. Where detailed information is required to construct a tie-in connection or avoid crossing interferences and conflicts, potholing will be used to verify horizontal and vertical depths.
73 46700.00100\33865500.1
Ex. A - 6 (BB&K 2020)

Consultant shall be responsible for developing a potholing plan for locating and profiling existing U/G utilities and submit to City for approval. After the City’s approval, consultant shall be responsible for conducting the required potholing. For the purpose of providing a fee for this scope, consultant shall assume that there will be 15 pothole locations at a depth of 8 feet.

Pothole repair includes slurry backfill with reinstalling the core or replace with like material , in accordance with Attachment No. 3. Consultant will obtain an encroachment permit for the potholing from the City. Encroachment permit fee will be waived.

Upon completion of potholing, Consultant shall submit to the City the Potholing Report describing all findings in PDF format.

Task 1.5 Geotechnical Investigation
The Consultant shall perform a detailed geotechnical investigation and prepare a report for the Project. The report shall include but is not limited to: a minimum of 3 borings at the booster station site, to determine subsurface conditions and site geology , soil bearing capacity, presence of rock and rock removal capability factors/analysis, anticipated excavation characteristics of materials at the proposed sites, groundwater conditions and dewatering, R -values, moisture content, density, gradation, consolidation, expansion, soil contamination issues, laboratory test results (max density, sieve analysis, Atterberg limit), soil corrosivity, soil chemistry test results (pH, resistivity, sulfate content), corrosion protection and control, pipeline bedding requ irements, suitability of native material for backfill, and shoring recommendations. Additional borings, if necessary and agreed to by the OMUC Project Manager shall be completed after a written contract change order is approved. Consultant shall incorporat e any and all geotechnical requirements into the planning and design phases of the Project in conformance with the industry standard of care. Consultant will obtain an encroachment permit for the potholing from the City. Encroachment permit fee will be waived.

Pothole repair includes slurry backfill with reinstalling the core or replace with like material , repair, in accordance with Attachment No. 3. Consultant will obtain an encroachment and traffic control permit for the potholing from the City. Encroachment permit fee will be waived.

Consultant shall summarize all findings, results, and recommendations into a draft geotechnical investigation report. Three (3) copies and one (1) electronic copy of the draft geotechnical report shall be submitted for review. OMUC comments shall be incorp orated and three (3) copies and one (1) electronic copy of the final geotechnical report shall be submitted.

Task 1.6 Site Layout, SCADA and Instrumentation Workshop and Technical Memorandum The primary purpose of the workshop will be to define requirements for the ultimate layout of the reservoir site, including facilities that will be constructed as part of this project and those that will be constructed in the future, and to define SCADA sy stem requirements such that seamless integration of the new facility with the existing SCADA system will be readily achieved. A workshop will be conducted with the City Water Production staff to:
• Discuss operational needs and optimal site layout requirements, • Discuss the City’s existing SCADA system configuration, 74 46700.00100\33865500.1
Ex. A - 7 (BB&K 2020)

• Define equipment standardization requirements,
• To define the line of demarcation for programming and implementation of the SCADA system between the Consultant and the City's SCADA consultant, • To discuss other instrumentation and control issues as required. • Discuss lead times of equipment and if certain equipment may be order by the City and listed as “owner supplied” in the plans and specifications in order to minimize procurement and construction time
• Discuss reservoir site security needs and requirements The Consultant shall compile the findings of the workshop into a technical memoranda for review and approval by the City.

Task 1.7 Opinion of Probable Construction Cost
An initial opinion of probable construction cost will be prepared and will include construction costs, engineering costs, appropriate contingencies, and an allowance for administrative costs. The cost estimate will incorporate the Consultant's experience with similar projects as well as current, market driven construction costs. Contact will be made with equipment suppliers and manufacturers to obtain budget pricing for major equipment items.

The initial opinion of probable construction cost will be included as a section in the PDR. The Consultant will provide opinion of probable construction cost which will form the basis upon which the bid schedule items and quantities will be developed.

Task 1.8 Project Schedule
An initial project schedule will be prepared including PDR development, design, bidding, construction and post construction activities. The City will be advised on the schedule impact of project technical decisions and the project schedule will be consist ently updated (on at least a monthly basis) to reflect current project status. The project schedule will be included as a section in the PDR and will be updated throughout the course of the project.

Task 1.9 Feasibility Study (FS) & Workshop
Anticipate a City review for both the draft and final FS. The Consultant will hold one 4 -hour workshop for the initial submittal of the Draft FS to walk through the findings and recommendations. Consultant will prepare an agenda for OMUC's review prior t o the meeting.

Consultant will draft meeting minutes with action items to be distributed within five working days following the meetings. Consultant will hold one additional workshop prior to finalizing the FS.

At a minimum, the FS shall include the following:

1. Determine the appropriate size pumps, motors and facility to maximize the City’s usage of the 37/39 IX Plant

2. Provide a minimum of three (3) building layouts for the new booster station, including on- site improvements, hardscaping, landscaping, connection details to the existing potable water system on-site, and yard piping. Site plans shall also include accommod ations for 75 46700.00100\33865500.1
Ex. A - 8 (BB&K 2020)

all the existing facilities and be located outside of future SBCTA ONT Connector sphere of influence. (see Attachment No. 4)

3. Evaluate pump suction header, discharge header, suction pipe and discharge pipe size calculations

4. Calculate new pumps total dynamic head

5. Perform pump motor calculations

6. Perform ventilation calculation

7. Calculate power demand and coordinate with SCE on the existing power available for that demand or request additional services to meet that demand

8. Perform surge analysis

9. Perform hydraulic analysis

10. Determine basis for structural and architectural design including the following:
a. Applicable codes and standards, including fire and safety codes b. Local building, planning, and zoning department requirements c. Architectural renderings, up to two (2) rendering versions, will be provided showing the overall site and building elevations. The building façade should be compatible with the CDA’s existing Milliken Pump Station ( MPS) and 37/39 IX Plant.

11. Preliminary structural calculations for the building, pipe supports and appurtenances for the station

12. Operational monitoring and control systems (SCADA) requirements

13. Preliminary process and instrumentation diagrams (P&ID) including the connections with the CDA’s existing MPS

14. Preliminary opinion of probable construction cost analysis of Designing, Constructing, and Maintaining a new Booster Pump Station that will be housed in an above ground masonry building with the booster pump system, mechanical piping, electrical, HVAC, and instrumentation.

15. CEQA Compliance and Permitting Requirements

16. Coordination with CDA, SBCTA and other agencies
Consultant shall summarize all findings, results, conclusion and recommendations.

Consultant will submit 5 copies and a PDF file along with one copy in electronic Microsoft “Word” format for each iteration of the FS.

Task 1.10 Preliminary Design Report (PDR) & Workshop
Anticipate a City review for both the draft and final PDR. The Consultant will hold one 4 -hour workshop for the initial submittal of the Draft PDR to walk through the updated findings and recommendations from the Feasibility Study. Consultant will prepar e an agenda for OMUC's review prior to the meeting. Consultant will draft meeting minutes with action items to be distributed within five working days following the meetings. Consultant will hold one additional workshop prior to finalizing the PDR.

At a minimum, the PDR shall include the following:

1. Updates to all the documents from the Feasibility Study Phase 76 46700.00100\33865500.1
Ex. A - 9 (BB&K 2020)

2. Preliminary site layout for the building

3. Preliminary connection detail

4. Preliminary drawing list

5. Preliminary Specifications, Table of Contents

6. Construction scheduling requirements to be included in the construction documents

7. Project schedule including design, bidding, and construction activities

8. Update to the opinion of probable construction cost analysis

9. Completed CEQA and Permitting Documents to fill with the appropriate agencies

10. Coordination with CDA, SBCTA and other agencies
Consultant shall summarize all findings, results, conclusion and recommendations.

Consultant will submit 5 copies and a PDF file along with one copy in electronic Microsoft “Word” format for each iteration of the PDR.

TASK 2 - CEQA COMPLIANCE
Task 2.1 CEQA Compliance
The project is an updated revision from a component of the 2012 Infrastructure Master Plans approved by the City Council on December 4, 2012. A Mitigated Negative Declaration was prepared and approved for the 2012 Infrastructure Master Plans pursuant to t he provisions of CEQA. The project is incorporated into the draft 2025 Water Master Plan, which has not yet been approved by the City Council. However, an analysis of the project has determined that there is no significant deviation from the description of this component of the overall 2012 Infrastructure Master Plans. The Consultant will coordinate with the City’s CEQA representative and Planning Department. The City will file a Notice of Exemption and pay all fees with San Bernardino County, County Clerk and with the California Department of Fish and Wildlife. Consultant will provide technical input for filing of the Notice of Exemption by the City.

Task 2.2 Project Description
Consultant will prepare a current project description and will visit the site in order to summarize the existing and surrounding land uses. An essential component of this task is to obtain a physical description of the booster station facilities; a description of reservoir operations,; and a description of any residual waste products that will have to be managed. Consultant will develop graphics/tables that can be used to forecast impacts in the Initial Study when the project description is finalized.

TASK 3 – ADDITIONAL OPTIONAL SERVICES
Consultant is encouraged in its proposals to identify any additional work that is not specified in this Scope of Work that would be, in its opinion, necessary to complete the project as defined herein. Consultant may propose additional services that in its opinion w ill improve the efficiency and quality of the project. If identified, the additional work or services must be included in the proposal as optional services in the Consultant’s Fee Schedule. Any optional services proposed will only be completed with written approval by OMUC.
77 46700.00100\33865500.1
Ex. A - 10 (BB&K 2020)

Attachment No. 1:

Vicinity Map
78 46700.00100\33865500.1
Ex. A - 11 (BB&K 2020)

Attachment No. 2:

Location Map
79 46700.00100\33865500.1
Ex. A - 12 (BB&K 2020)

Attachment No. 3:

Coring or Bore Hole Replacement Detail Drawing
80 46700.00100\33865500.1
Ex. A - 13 (BB&K 2020)

Attachment No. 4:

SBCTA ONT CONNECTOR Map
https://www.gosbcta.com/ontconnector/
81 46700.00100\40935196.1
BB&K (2024) Exhibit B-1

EXHIBIT “B”

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Consultant will invoice City on a monthly cycle based on the following fee schedule.

Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.

Consultant will inform City regarding any out -of-scope work being performed by Consultant for which Consultant intends to seek compensation from City.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:

Initial Planning Phase: ________ percent (%____)
Schematic Plan Phase: ________ percent (%____)
Design Development Phase: ________ percent (%____)
Final Working Drawings & Specifications Phase: ________ percent (%____) Construction Contract Documents Phase: ________ percent (%____) Bid Phase: ________ percent (%____)
Construction Phase: ________ percent (%____)
As-Built Drawings Phase: ________ percent (%____)
Warranty Period Phase: ________ percent (%____)
82 PRINC QA/QC Sr. PROJ PROJ. MAN CEQA PROJ CIVIL I&C TOTAL STRU ELEC PROJECT NO. DESCRIPTION ENGR MAN MAN DESIGN COMP ENGR ENGR SPECIALIST HOURS ENGR ENGR ARCH James W Greg G Jamal A Justin S John R Iris J Hunter M Clyde P Matt S Wade W Samir H Client Billing Rates ($/hr) 295 285 285 260 220 220 220 235 200 200 260 1 TASK 1 - PRELIMINARY DESIGN REPORT (PDR) FOR NEW BOOSTER STATION

1.1 Project Kick-Off Meeting
Kick-Off Meeting 2222 2 1 0 $ 2 , 6 9 0 $135 2 2 2 $1,320 $132 $4,277 Data Review and Request 2 4 4 4 4 8 26 $6,390 $320 2 4 2 $1,720 $172 $8,602 Weekly Project Check-ins (Status Report and Meeting Minutes) 16 16 32 $8,080 $404 $0 $0 $8,484 Project Management (Billing, Progress Report, Project Budget, Project Schedule, Decision Log) 16 16 $4,560 $228 $0 $0 $4,788

1.2 Outside Agency Coordination (SCE, SCE TRANSMISSION, DDW, CDA, SBCTA ONT) 24 24 48 $13,080 $654 32 $6,400 $640 $20,774

1.3 Surveying 4 4 8 $1,920 $96 $12,500 $12,500 $1,250 $15,766

1.4 Potholing Services (8) 4 4 8 $1,920 $96 $12,000 $12,000 $1,200 $15,216

1.5 Geotechnical Investigation 4 4 8 $1,920 $96 $21,302 $21,302 $2,130 $25,448

1.6 Site Layout, SCADA and Instrumentation Workshop and Technical Memorandum 0$ 0 $ 0 $0 $0 $0 Operational needs and optional layout 2222 442 1 8 $ 4 , 4 8 0 $224 $0 $0 $4,704 City SCADA System Configuration 2222 6 1 4 $ 3 , 6 6 0 $183 $0 $0 $3,843 Equipment Standarization 2222 6 1 4 $ 3 , 6 6 0 $183 4 $800 $80 $4,723 Demarcation for Programming and Implementation of SCADA 2222 6 1 4 $ 3 , 6 6 0 $183 $0 $0 $3,843 Instrumentation and Control Requirement 2222 6 1 4 $ 3 , 6 6 0 $183 $0 $0 $3,843 Lead Time of Equipment (City Supplied) 2222 4 1 2 $ 3 , 1 9 0 $160 4 $800 $80 $4,230 Reservoir Site Security Need and Requirement 2222 4 1 2 $ 3 , 1 9 0 $160 $0 $0 $3,350 Workshop 2 2 2 2 8 $2,130 $107 2 2 2 $1,320 $132 $3,689 Technical Memoranda 2244 4 0 88 6 8 $15,780 $789 2 2 2 $1,320 $132 $18,021

1.7 Opinion of Probable Construction Cost 4222 4 1 4 $ 3 , 7 2 0 $186 $0 $0 $3,906

1.8 Project Schedule 2228 14 $3,810 $191 $0 $0 $4,001

1.9 Feasibility Study (FS) & Workshop 0$ 0 $ 0 $0 $0 $0 Feasibility Study- Building Layout, General Arrangement Plan, Ventilation 4444 64 2 6 $ 6 , 7 0 0 $335 4 $1,040 $104 $8,179 Feasibility Study- Hydraulic Calculation 2224 84 2 2 $ 5 , 4 1 0 $271 $0 $0 $5,681 Feasibility Study- Power Demand (Single Line Diagram) 2224 42 1 6 $ 4 , 0 9 0 $205 8 $1,600 $160 $6,055 Feasibility Study- Surge Analysis 2224 10 $2,770 $139 $27,500 $27,500 $2,750 $33,159 Feasibility Study- Basis of Structural Design and Preliminary Structural Calculation 2224 10 $2,770 $139 32 $6,400 $640 $9,949 Feasibility Study- Basis of Architectural Design and Rendering (2) 2224 10 $2,770 $139 8 $2,080 $208 $5,197 Feasibility Study- Operational Monitoring and Control Systems (SCADA) Requirements 2224 1 2 2 2 $ 5 , 5 9 0 $280 $0 $0 $5,870 Feasibility Study- Preliminary Process and Instrumentation Diagrams (P&ID) 2224 4 1 4 $ 3 , 7 1 0 $186 $0 $0 $3,896 Feasibility Study- Preliminary Opinion of Probable Cost (Design, Construction, O&M) 2 2 2 4 4 4 18 $4,590 $230 2 2 2 $1,320 $132 $6,272 Feasibility Study- CEQA Compliance and Permitting Requirements 2224 1 0 2 0 $ 4 , 9 7 0 $249 $0 $0 $5,219 Feasibility Study- Coordination with CDA, SBCTA and other agencies 2 2 8 16 28 $7,600 $380 $0 $0 $7,980 Feasibility Study Workshop 444 12 $3,320 $166 4 4 4 $2,640 $264 $6,390

1.10 Preliminary Design Report (PDR) & Workshop 0$ 0 $ 0 $0 $0 $0 PDR- Preliminary site layout for the building 4444 44 2 4 $ 6 , 2 6 0 $313 4 $1,040 $104 $7,717 PDR- Preliminary connection detail 4422 2 1 4 $ 3 , 8 5 0 $193 $0 $0 $4,043 PDR- Preliminary drawing list 22 2 6 $1,680 $84 $0 $0 $1,764 PDR- Preliminary Specifications, Table of Contents 2 2 2 6 $1,680 $84 $0 $0 $1,764 PDR- Construction scheduling 2224 10 $2,770 $139 $0 $0 $2,909 PDR- Opinion of probable construction cost analysis 2222 4 1 2 $ 3 , 1 3 0 $157 $0 $0 $3,287 PDR- CEQA and Permitting Documents 22226 1 4 $ 3 , 5 7 0 $179 $0 $0 $3,749 PDR- Coordination with CDA, SBCTA and other agencies 2248 16 $4,380 $219 2 2 $920 $92 $5,611 PDR Workshop 444 12 $3,320 $166 $0 $0 $3,486
Subtotal 1 68 74 144 162 16 100 44 72 680 $176,430 $8,822 46 66 32 $73,302 $104,022 $10,402 $299,676 2 TASK 2 - CEQA COMPLIANCE

2.1 CEQA Compliance- coordinate with the City’s CEQA representative and Planning Department 1228 1 3 $ 3 , 1 3 5 $157 $0 $0 $3,292

2.2 Project Description and Site Visit 1 2 2 12 17 $4,015 $201 $0 $0 $4,216 S u b t o t a l 2 0244 2 0 000 3 0 $ 7 , 1 5 0 $358 0 0 0 $0 $0 $0 $7,508 3 TASK 3 – PROPERTY DOCUMENTATION FOR NEW SCE SERVICE

3.1 Property documentation preparation 4444 8 2 4 $ 6 , 2 6 0 $313 6 20 $6,400 $640 $13,613 S u b t o t a l 3 44440800 2 4 $ 6 , 2 6 0 $313 0 6 20 $0 $6,400 $640 $13,613 4 TASK 4 – SUPPLEMENTARY SERVICE

4.1 Supplementary Services 8 8 16 16 8 36 24 24 140 $33,960 $1,698 12 12 12 $7,920 $792 $44,370 Subtotal 4 8 8 16 16 8 36 24 24 140 $33,960 $1,698 12 12 12 $0 $7,920 $792 $44,370 TOTAL, hours 80 88 168 186 44 144 68 96 874 $223,800 $11,190 58 84 64 $73,302 $118,342 $11,834 $365,166 $23,600 $25,080 $47,880 $48,360 $9,680 $31,680 $14,960 $22,560 $11,600 $16,800 $16,640TOTAL NOT TO EXCEED, dollars N2W ENGINEERING
MILLIKEN 1010 PZ TO 1212 PZ BOOSTER STATION

ESTIMATED LEVEL OF EFFORT

LEVEL OF EFFORT, HOURS
TASK
LABOR

DOLLARS
OTHER
DIRECT
COSTS
OTHER
SUB-

CONSULTANT

TOTALSUB
Markup

SUB CONSULTANTSFEE, DOLLARS
SUB
TOTAL

BLENDED RATE
83 46700.00100\40935196.1
BB&K (2024) Exhibit C-1

EXHIBIT “C”

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.
[INSERT CONSULTANT’S HOURLY RATES]

2. REIMBURSABLE EXPENSES.
[INSERT AUTHORIZED REIMBURSABLE EXPENSES]

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the Consultant’s actual hourly rates plus [INSERT AMOUNT OR PERCENTAGE]. Owner shall have the authority to review and approve the rates of any such consultants.
84 Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

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

A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE ONTARIO POLICE

DEPARTMENT MEDIA ROOM PROJECT

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No. D&C23-017 with Wakeco, Inc., of Temecula, California, for the Ontario Police Department (OPD) Media Room project in the amount of $1,497,000 plus a 10% contingency of $149,700 for a total not- to-exceed contract amount of $1,646,700; and
B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but 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.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The Construction Contract with Wakeco, Inc. is $1,497,000 plus a 10% contingency of $149,700 for a total not-to-exceed contract amount of $1,646,700. If approved, additional appropriations in the Cable Access Fund will be included in future quarterly budget updates to the City Council as needed for the OPD Media Room project.

BACKGROUND & ANALYSIS:

On March 19, 2024, the City Council approved a Design Services Agreement with Holt Architects, Inc. for on-call architectural, space planning, and engineering design services for the OPD Media Room project. The lobby museum at OPD will need to be reconstructed into a creative space for the Public Information Oﬃce that has outgrown their current space. The Public Information Oﬃce handles media relations, crisis communication, and public information dissemination between the OPD, the media and the public. Upgrades to the space will include reﬁnished ﬂoors, new oﬃce equipment, a conference area for media, updated 85 soundproofing, new audio/visual equipment, and new security features.

On October 6, 2025, Staﬀ solicited bids for Invitation No. 1948 OPD Media Room. Staﬀ received 13 bids ranging from $1,497,000 to $2,713,000. All the bids received are listed below:

Vendor
Location
Amount
Wakeco, Inc.

Temecula, CA
$1,497,000
Empire Design & Build
Irvine, CA
$1,649,000
Steady Solutions, Inc.

Westlake Village, CA
$1,683,720.63
Tovey/Shultz Construction, Inc.

Lake Elsinore, CA
$1,714,294
YMC
Irvine, CA
$1,798,540
Far West Contractors
Placentia, CA
$1,800,000
HMF Construction
San Dimas, CA
$1,847,000
Edra Construction Corporation
Glendora, CA
$1,848,000
Dalke & Sons Construction, Inc.

Riverside, CA
$1,898,480
Abboud Diamond Construction
Redlands, CA
$2,050,000
MZN Construction, Inc.

La Habra, CA
$2,223,438
MLC Constructors, Inc.

Corona, CA
$2,403,267
Pars Arvin Construction, Inc.

Tarzana, CA
$2,713,000

Wakeco, Inc., of Temecula, California, submitted the lowest responsible and responsive bid that met all the required speciﬁcations with a cost of $1,497,000. Based on credentials, pricing, and favorable reference checks, staﬀ recommends awarding Construction Contract No. D&C23-017 to Wakeco, Inc. The OPD Media Room project is estimated to be complete in June 2026. 86 46700.00920\42649889.1

D&C 23-017 OPD Media Room Project 1 PLANS AND DRAWINGS

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. ________ is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Wakeco, Inc. sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in 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 Documen ts as specified in Article 5, below, for the following Project:

D&C23-017 OPD Media Project
Contractor is an independent contractor and not an agent of the City. 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 150 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the 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 One Million Four Hundred Ninety- Seven Thousand Dollars ($1,497,000). Payment shall be made as set forth in the General Conditions . The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

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
87 46700.00920\42649889.1

D&C 23-017 OPD Media Room Project 2 PLANS AND DRAWINGS

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay 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 this is 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 Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the City is responsible. The parties agree that determining Contractor’s exact delay damages is and will continue to be impracticable and extremely difficult.

As such, for each calendar day in excess of the Contract Time, the City shall pay to the Contractor $500 per day as Reverse Liquidated Damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for any City caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Notice of requests for delay damages and additional days shall be provided to the City within five (5) Days from the discovery of the circumstances giving rise to any delay or three (3) Days from the discovery of any latent or subsurface conditions giving rise to a delay.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
88 46700.00920\42649889.1

D&C 23-017 OPD Media Room Project 3 PLANS AND DRAWINGS

The Contractor 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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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 California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

89 46700.00920\42649889.1

D&C 23-017 OPD Media Room Project 4 PLANS AND DRAWINGS

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

Wakeco, Inc.

By:

Its:

Printed Name:

[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
90 Department: Public Works
Prepared By: Tim Masot
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING, INC. FOR SECURITY CAMERA INSTALLATION

AT THE LATIMER BALLFIELD CONCESSION STAND IN JOHN GALVIN PARK

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended Amendment No. 11 to the Maintenance Services Agreement with A.T.A.C is $29,533 for the purchase, installation, and monitoring of ﬁve security cameras at the Latimer Ballﬁeld Concession Stand in John Galvin Park, for a total not-to-exceed contract amount of $2,564,892. If approved, additional appropriations in the Capital Projects-Measure Q Fund will be included in future quarterly budget updates to the City Council as needed for the Latimer Ballﬁeld Concession Stand.

BACKGROUND & ANALYSIS:

On June 17, 2025, Amendment No. 10 to the Maintenance Services Agreement with A.T.A.C. for security camera installation was executed to increase the agreement by $41,396 for a total not-to-exceed amount of $2,535,359.

As the City continues to expand, it increasingly relies on its Real Time Information System and surveillance technology to enhance safety, improve operational eﬃciency, and strengthen situational awareness. A.T.A.C. provides the City with professional installation, maintenance, and technical support for its security camera systems and has consistently delivered high-quality service since the initial contract began in 2019. Their expertise has proven critical in maintaining the City’s complex camera infrastructure.

91 Staﬀ recommends approving Amendment No. 11 to authorize the purchase, installation, and monitoring of ﬁve security cameras at the Latimer Ballﬁeld Concession Stand in John Galvin Park.

A.T.A.C. will provide cameras, wiring, panel box, installation, and ongoing yearly surveillance. This will ensure continued monitoring of City facilities and support the safety of all who occupy or use them.
92 46700.00100\33287662.1
PAUL S. LEON
MAYOR
AL

AN WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
AM
ENDMENT NO. 11 TO THE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
AMERICAN THREAT ASSESSMENT CONSULTING, INC.

1. P
arties and Date.

Th
is Amendment No. 11 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and American Threat Assessment Consulting, Inc., a Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled Security Cameras, Access control, Paging/Duress Installation, Repair and Maintenance Service Agreement dated August 1, 2020 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase compensation in the amount of $29,533 for a revised total of $2,564,891.50. The parties have heretofore entered into that Amendment No. 1 dated April 19, 2021, Amendment No. 2 dated July 15, 2021 , Amendment No. 3 dated June 21, 2022, Amendment No. 4 dated July 7, 2022, Amendment No. 5 dated March 13, 2023, Amendment No. 6 dated June 21, 2023, Amendment No. 7 dated September 20, 2023, Amendment No. 8 dated July 16, 2024, Amendment No. 9 dated June 1, 2025, and Amendment No. 10 dated June 17, 2025.

2.3 Amendment Authority. This Amendment No. 11 is authorized pursuant to Section

3.1 of the Agreement.

3. T
erms.

3.1 Amendment . Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
93 46700.00100\33287662.1

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BB&K 2020

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C”. The total compensation shall not exceed T wo Million Five Hundred Sixty- Four Thousand Eight Hundred Ninety-One Dollars and F ifty Cents ($2,564,891.50) without written approval of the City Manager.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.: Exhibit B is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 11, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 11. From and after the date of this Amendment No. 11, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 11.

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. 11.

3.4 Severability. If any portion of this Amendment No. 11 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]

94 46700.00100\33287662.1

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SIGNATURE PAGE FOR AMENDMENT NO. 11 TO MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND AMERICAN THREAT ASSESSMENT CONSULTING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 11 as of the day and year first above written.

CITY OF ONTARIO AMERICAN THREAT ASSESSMENT
CONSULTING, INC.

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

95 A--1

ATTACHMENT A

COMPENSATION
NTE $2,564,891.13
BB&K 2020
46700.00100\33287662.1

SEE ATTACHMENT
96 2025
1 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone
Project: City of Ontario Date: November 14, 2025
Latimer Little League Baseball Park
1211 E I St,
Ontario, CA
Attention: Alberto Munoz
ATAC, Inc. is pleased to submit the following pricing for the project referenced above. The information is based on information sent by Alberto Munoz. This proposal is based on ATAC, Inc. providing material listed below only and associated manufacturer warranties.

Description of Work:
• The bill of materials below is based on documentation provided by the City of Ontario. If additional security technology is required, ATAC, Inc. shall provide it at an additional cost. • ATAC, Inc. shall coordinate and manage all aspects of the project including installation. • All necessary 120v shall be existing or furnished and installed by others at no cost to ATAC, Inc.

This proposal excludes patch and paint work. All Fire Stopping shall be furnished by others at no cost to ATAC, Inc.
• This proposal is based on running new cabling through existing pathways with pole string. Each pathway should be no more than two 90-degree binds to each pull point. This proposal excludes all the pathways for this project. If a new pathway is required, ATAC, Inc. shall provide a new pathway at an additional cost.
• All Warranties shall be per manufacturer’s warranty. ATAC, Inc. shall provide a proposal for a service and maintenance contract upon request.
• This proposal is based on prevailing wage labor rates. • All work shall be performed during standard business hours. Should work be required after hours, additional costs may apply.
• This proposal includes a work lift for installation.
• This proposal is based on all material being billed upon receipt of the contract. 97 2025
2 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone
Total Material Cost: $18,550.00
Total Software Cost: $1,325.00
Total Labor Cost: $7,290.00
Total Freight Cost: $930.00
Total Tax Cost: $1,437.63
Total Project Cost: $29,532.63
QTY MFG Model #/sku # Specification description in detail 5 Genetec GSC-OM-E-1C 1 Enterprise Camera Connection Licenses 5 Genetec ADV-CAM-E-1Y Advantage for 1 Enterprise Camera - 1 Year 4 AXIS P3737-PLE 4x5MP Multi-Direction Cameras with IR
1 AXIS P3827-PVE 7MP Multisensor 180 Degree Cameras with IR 3 AXIS T91D61 Wall Mounting Kit
3 AXIS T91A64 Corner Mounting Kit
4 AXIS T94N01D Pendent Mounting Kit for P3737-PLE
1 AXIS T91D62 Telescopic Parapet Mount
1 RXL 4500-BK1223GT 12U Standard Cube Wall Mount
2 Leviton 49256-H48 Patch Panel, 48 ‑Port, 2RU
1 MOXA EDS-G512E-4GSFP Managed Gigabit Ethernet switch with 8 Ports 5 ATAC, Inc. Leviton Cat6A OSP Cabling for (5) Camera Locations Description of Work
Bill of Materials
ATAC, Inc. Services
Company
ATAC, Inc.

ATAC, Inc.

ATAC, Inc. Installation of Cabinet, Network Switch, and Patch Panel Project Documentation and Project Management
Configuration and IPing of Cameras
Installation of Cabling into Existing Pathway to (5) Camera Locations Installation of Camera Mounting Equipment
ATAC, Inc.

ATAC, Inc. Testing and positioning of Cameras with City of Ontario Installation of Cameras based on Design Provided by City of Ontario ATAC, Inc. 98 2025

3 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone

Terms and Conditions

1. This proposal is valid for 30 days. All invoices are due Net 30 days from the date of the invoice. Please make checks payable to:

ATAC, Inc.
8706 Utica Ave.

Rancho Cucamonga, CA 91730
Attn: Accounts Receivable

2. All taxes and freight are included. Returned material shall incur restocking fees.

3. ATAC, Inc. has the right to stop work should invoices not be paid within 30 days.

Shall work be stopped the owner shall still be responsible for payment of all services rendered prior to the stop of work.

4. ATAC, Inc. shall provide proof of standard insurance upon request. Should insurance requirements above ATAC, Inc. standard coverage be required additional charges apply.

5. This proposal is based on prevailing wage rates.

Bid Prepared By:

Shawn Stocking
Director of Sales and Marketing
ATAC, Inc.

Bid Approved By: Address:

Print Name ______________________ _______________________________

Signature ______________________ _______________________________

Phone Number ______________________ _______________________________

Date ______________________

99 Department: Public Works
Prepared By: Lance Verdugo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WESTERN

ALLIED CORPORATION FOR ON-CALL HEATING, VENTILATION, AND AIR

CONDITIONING (HVAC) MAINTENANCE AND REPAIR SERVICES

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended Amendment No. 4 to the Maintenance Services Agreement with Western Allied Corporation is in the amount of $255,000 for routine and on-call maintenance services, and the addition of ﬁve HVAC units added to the monthly preventive maintenance schedule. The Amendment also includes $373,000 for the replacement of two air conditioning units at the Ontario Police Department, increasing the contract amount by $628,000 for a total not-to- exceed contract amount of $3,388,000 over the remaining ﬁve-year term. If approved, additional appropriations in the Facilities Maintenance Fund will be included in future quarterly budget updates to the City Council as needed for HVAC maintenance and repair services.

BACKGROUND & ANALYSIS:

On December 9, 2024, Amendment No. 3 to the Maintenance Services Agreement with Western Allied for on-call HVAC maintenance and repair services was executed to extend the term to June 30, 2026, and increase the compensation by $600,000 for a total not-to- exceed amount of $2,760,000.

The City currently maintains over 200 HVAC units across multiple facilities, all of which require scheduled monthly preventive maintenance to ensure proper performance and extend their service life. Routine inspections have identiﬁed the need for occasional out-of-cycle repairs. Western Allied 100
has supported the City by providing rental units when equipment is inoperable and performing on- call repairs as needed. In addition, ﬁve existing HVAC units have been added to the preventive maintenance schedule to ensure consistent service across all locations. Two HVAC units at the Police Department have reached the end of their useful life, making additional repairs increasingly costly and inefficient.

Staﬀ recommends approving Amendment No. 4 to ensure annual maintenance and repairs of over 200 HVAC units citywide, including the replacement of two HVAC units in the Police Department, to maintain continued operation, minimize downtime, and extend the lifespan of existing equipment while reducing the need for premature replacements.

The amendment is exempt from competitive bidding because competitive bidding would not produce any advantage because the cost to maintain the equipment prior to replacement during a competitive bidding process would exceed any reasonably foreseeable cost savings that could be obtained through competitive bidding.

101
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BB&K 2020

AMENDMENT NO. 4

TO THE M AINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

WESTERN ALLIED CORPORATION

1. Parties a
nd Date.

This Ame
ndment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Westen Allied Corporation , a Corporation. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals
.

2.1 Agreement. T he City and Contractor have entered i nto an agr eement ent i tled “Maintenance Services Agreement” dated June 15, 2021 (“Agreement”).

2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to add (5) sites and increase the compensation amount by Six Hundred T wenty-Eight Thousand Dollars with Zero cents ($628,000) f or a new total not -to-exc eed contact amount of Three Million Th ree Hundred Eighty
-Eight Thous and with Zero cents ($3,388,000). The Parties have heretofor e entered into that Amendment No. 1 dated December 5, 2023, Amendment No. 2 dated May 7, 2024, and Amendment No. 3 dated December 9, 2024.

2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section

3.1.2 of the Agreement.

3. Terms.

3.1 Amendm
ent. Section 4 of the Agreement is hereby amended in its entirety to read as follows:

PAUL S. LEON
MAYOR
ALAN D. WA
PNER

MAYOR PRO TEM
JIM W. BO
WMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. M

ILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
102
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BB&K 2020

"3.1.2 Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2026, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services."

3.2 C
ontinuing Effect of Agreement . Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 A
dequate 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. 4.

3.4 S
everability. If any portion of this Amendment No. 4 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 I
ntegration. 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.
[S
IGNATURES ON FOLLOWING PAGE]
103
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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND WESTERN ALLIED CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO WESTERN ALLIED CORPORATION
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

City Clerk
104
Bid Schedule No. 3 - Revised 11.20.2025
HVAC Maintenance and Repair FM21-001
Fiscal Year 2025-2026
5th Year Option Contract
Description FY2025-26 Monthly Cost Annual Cost
Anthony Munoz Community Center
1240 West Fourth Street
$262 $3,144
Armstrong Community Center
1265 South Palmetto Ave.
$202 $2,424
Booster Station
4251 E. Jurupa Street
$90 $1,080
Broadband Services 603
N. Euclid Ave
$385 $4,624
C- Block Parking Structure
155 East C Street
$424 $5,088
Chaffey Museum
217 S. Lemon
$90 $1,080
City Hall
303 East "B" Street
$3,411 $40,932
City Hall Annex
200 N. Cherry Avenue
$2,540 $30,480
Civic Center Parking Structure 331 N.

Sultana Avenue
$299 $3,588
Community Improvement and CLC
208 W. Emporia Street
$171 $2,052
Cucamonga Building (Maint. Shop)
1440 S. Cucamonga Avenue
$184 $2,208
De Anza Community Center
1405 South Fern Avenue
$605 $7,260
Dorothy Quesada Community Center
1010 South Bon View Avenue
$181 $2,172
Downtown Mobility Hub
122 N. Vine

TBD TBD
Granada Theater
301 N. Euclid Ave

TBD TBD
Library (Ovitt)
215 "C" Street
$2,716 $32,592
Museum
225 S. Euclid Avenue
$424 $5,088
Museum (New Units)
225 S. Euclid Avenue
$482 $5,784
Off-Site Museum Storage
1333. S. Bon View
$646 $7,752
Ontario Municipal Utilities
1425 S. Bon View Avenue
$704 $8,448
OMUC Parks Added Equipment
1425 S. Bon View Avenue
$243 $2,916
OMUC Modular Building
1333 S. Bon View
$387 $4,644

Page 4 of 6 ends

105
Bid Schedule No. 3 - Revised 11.20.2025
HVAC Maintenance and Repair FM21-001
Fiscal Year 2025-2026
5th Year Option Contract
OMUC Training Trailer
1425 S. Bon View
$252 $3,024
Ontario Town Square Bandstand
224 N. Euclid Avenue
$32 $384
Police Department
2500 S. Archibald Avenue
$4,814 $57,768
Police Officers Association
2558 S. Archibald Avenue
$124 $1,488
Police Substation Mills Mall
Ontario Mills Mall
$110 $1,320
Ontario PD Substation
1140 W. Sixth St. (Parking Garage)
$90 $1,080
Police Heliport
Upland Cable Airport
$109 $1,308
Revenue/Public Works Admin.
1333 S. Bon View Avenue
$384 $4,608
Senior Center
225 East "B" Street
$410 $4,920
Toyota Arena IT Bunker
4000 Ontario Center
$177 $2,124
Anthony Munoz IT POP
1240 West Fourth Street
$252 $3,024
IT Remote Sites $945 $11,340
Veteran's Community Center
1305 E. "D" Street
$90 $1,080
Westwind Community Center
2425 E. Riverside Drive
$674 $8,088
Fire Station 1 (New) Effective 12/25
381 N. Sultana

TBD TBD
Fire Administration
415 East "B" Street
$256 $3,072
Fire Station 2
544 West Francis Street
$86 $1,032
Fire Station 3/Training Center
1408 E. Francis Street
$137 $1,644
Fire Station 4
1005 North Mountain Avenue
$102 $1,224
Fire Station 5
1530 East Fourth Street
$121 $1,452
Fire Station 6
2931 East Philadelphia Street
$102 $1,224
Fire Station 7
4901 East Vanderbilt Street
$102 $1,224
Fire Station 8
3429 East Shelby Street
$102 $1,224

Page 5 of 6 ends

Bid Schedule No. 3 - Revised 11.20.2025
HVAC Maintenance and Repair FM21-001
Fiscal Year 2025-2026
5th Year Option Contract
Fire Station 9
2661 Grand Park Street
$159 $1,908
Fire Station 11 (Temp)
7721 Eucalyptus
$96 $1,152
Well 45
665 East "E" Street
$122 $1,464
Well 46
1682 East 8th Street
$122 $1,464
Well 47
4265 East Consourse St
$122 $1,464
Well 44-IX
960 N. Cucamonga
$47 $564
Well 52
1234 E. 4th Street
$47 $564
CDA Ontario Booster Station
1495 S. Dupont
$47 $564
Total $24,679 $296,152
Labor and Vehicle Rates
Regular time per man-hour $162
Overtime per man-hour $243
Truck Charge $75

Page 6 of 6 ends

Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT FOR ON-CALL

ARCHITECTURAL AND ENGINEERING SERVICES WITH HMC GROUP AND AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TILDEN-COIL

CONSTRUCTORS FOR CONSTRUCTION MANAGEMENT MULTI-PRIME SERVICES

FOR THE ONTARIO PROFESSIONAL BASEBALL STADIUM FLIGHT TOWER

RESTAURANT PROJECT

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 4 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide Architectural and Engineering Services for the Ontario Professional Baseball Stadium Flight Tower Restaurant project in the amount of $3,241,200 for a total not-to exceed contract amount of $9,946,127; and
B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

The recommended Amendment No. 4 to the Design Services Agreement with HMC Architects is $3,241,200 for a total not-to-exceed contract amount of $9,946,127. The total contract amount of $9,946,127 includes on-call work performed for various citywide projects. The recommended Amendment No. 7 to the Professional Services Agreement with Tilden-Coil Constructors, Inc. is $2,360,715 for a total not-to-exceed contract amount of $73,629,018. The 108
combined total cost of all recommended actions is $5,601,915. If approved, additional appropriations in the Capital Projects – Measure Q Fund will be included in future quarterly budget updates to the City Council as needed for the Flight Tower Restaurant project.

BACKGROUND & ANALYSIS:

On August 6, 2024, the City Council approved the Environmental Impact Report for the Ontario Sports Empire. A key component of this project is the development of a professional baseball stadium, scheduled to open on April 2, 2026, as the home of the Dodgers Minor League Baseball team, the Ontario Tower Buzzers. Currently, there is a noted lack of dining options in the area surrounding the stadium for patrons and visitors. To address this, a conceptual “ﬂight tower” themed restaurant is being proposed on the east side of the professional baseball stadium along Championship Way. If approved, HMC Architects will design the Flight Tower Restaurant, which will include preparing design documents, construction documents, and services through the construction of the Flight Tower Restaurant.

The proposal from Tilden-Coil Constructors, Inc. for construction management multi-prime services will include schematic planning, construction plans, speciﬁcations, cost estimates, bidding support, and management oversight for the Flight Tower Restaurant project. If approved, the Flight Tower Restaurant is scheduled to open by March 31, 2027.

These contract amendments are exempt from further competition because the underlying contracts were procured pursuant to the statutorily required fair, competitive selection process, and procuring the added services separately would work an incongruity and confer no advantage because it would be ineﬃcient and disruptive to prosecute this scope of work separately with different firms.
109
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Page 1 of 3 ends

BB&K 2020

AM
ENDMENT NO. 4 TO THE

DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

HMC GROUP DBA HMC ARCHITECTS

1. P
arties and Date.

Th
is Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and HMC Group dba HMC Architects, a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. Th e C ity and Consultant have entered into an ag reement entitled “Design Services Agreement” dated January 28, 2025 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to provide design services for the Professional Baseball Stadium Flight Tower Restaur ant Project and increase the not-t o-exceed amount by $3,241,200. The Parties have heretofore entered into Amendment No. 1 dated March 18, 2025, Amendment No. 2 dated March 18, 2025, and Amendment No. 3 dated July 15, 2025.

2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section

3.37 of the Agreement.

3. T
erms.

3.1 Amendment . Section 3.1.1 and 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.1.1 S
cope of Services . Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural and related services necessary for the full and adequate completion of the PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
110
46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

Project consistent with the provisions of this Agreement (hereinafter referred to as "Services"). The Services are more particularly described throughout this Agreement, including Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit "A." “

3.10.1 Consultant’s Compensation for Basic Services. City shall pay to consultant, for the performance of all Services rendered under this Agreement, with the total not to exceed amount of Nine Million Nine Hundred Forty-Six Thousand One Hundred Twenty -Seven Dollars ($ 9,946,127) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this agreement.”
E
xhibit A is hereby amended with Attachment A attached hereto and incorporated herein by reference.

3. 2 Continuing Effect of Agreement . Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

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. 4.

3. 4 Severability. If any portion of this Amendment No. 4 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]
111
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Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND HMC GROUP DBA HMC ARCHITECTS
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO HMC GROUP dba HMC ARCHITECTS
By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
112
November 19, 2025
Mr. Tito Haes
Executive Director Public Works
City of Ontario
1333 S. Bon View Ave.

Ontario, CA 91761
[email protected]
Regarding: Proposal for Architectural & Engineering Services City of Ontario
Flight Tower Restaurant (FTR)
HMC #2518014-000
Dear Mr. Haes:

HMC Group (HMC) is pleased to submit the following Proposal to provide Architectural, Engineering, and Specialty Consultant Services for the above-mentioned Projects.

A. Proposed Project:

The Project is a new 3-story bar and restaurant of approximately 8,300 square feet. The full scope shall be determined in Programming; however, it is anticipated the Project will include indoor and outdoor seating, main kitchen on the first floor, and bars on the first and second floors, as well as landscape and associated site improvements.
• The probable construction cost (inclusive of escalation) of the Project is approximately $24,740,000; this may be adjusted depending on the design and scope approved by the City. • To meet an accelerated schedule, the Project will be a Construction Manager Multi-Prime delivery method, with four separate packages for design, permitting, and construction as follows:
o Package 1: Utilities and Grading
o Package 2: Foundation and Structural Steel
o Package 3: Shell
o Package 4: Interior Build-Out
B. Site Description:

The Project is to be located at the Ontario Baseball Stadium at 9375 East Riverside Drive, Ontario CA 91761.

C. Scope of Services:

Programming

1. Work with the City to understand the needs for the Project.

Attachment A
113

2 2. Prepare space program by category with square fo otages and quantity.

3. Prepare a conceptual adjacency diagram.

Entitlements and Environmental Services

1. Entitlements:
a. Review plans and deliverables for conformance wi th City Development Code. b. Submit and expedite deliverables through the Cit y’s Citizen Portal and expedite plans through the City Departments.
c. Complete and submit the City’s Environmental Inf ormation Form and Utility Devices Assessment Form.

2. Surveys and Reports:
a. Obtain Preliminary Title Report.

Schematic Design through Construction Documents

1. Facilitate a Design Workshop to review floor pla n concepts from prior planning phase, engage stakeholders, and build consensus on final direction.

2. At each phase of design, HMC shall facilitate al l-day Milestone Page Turn meeting with the Owner to review milestone deliverables and gather f eedback. The CM shall provide a cost estimate, and if necessary, steps to reconcile the estimate with the Project budget. At the conclusion of each meeting, Owner to provide Notice to Proceed into next phase, which represents an understanding and approval of Scope, Schedule and Budget as indicated in the Submittal.
a. HMC to provide 100% Schematic Design Submittal, which includes design drawings, Architecture/Engineering (A/E) basis of design narr atives, and cost estimate (by others).

Refer to Attachment “D” HMC Production Document Del iverables for additional information.
b. HMC to provide 100% Design Development Submittal , which includes design drawings and an updated cost estimate (by others). Refer to Attachment “D” HMC Production Document Deliverables for additional information.
c. HMC to provide 100% Construction Document Submit tal, which includes design drawings, specifications, and an updated cost estimate (by ot hers). Refer to Attachment “D” HMC Production Document Deliverables for additional information.

Agency Review and Approval through Construction A dministration

1. Obtain City of Ontario Planning and Building Dep artment approval for the Project.

2. Assist with Bidding, which include answering pre -bid RFIs, providing addenda as required, and evaluation of contractor bids.

3. Provide Construction Administration services, HM C anticipates the following:
a. Attending one (1) preconstruction meeting with C ity & General Contractor. b. Attending approximately sixty (60) weekly Owner, Architect, Contractor (OAC) meetings. c. Attending approximately thirty (30) Construction Observation visits from the A/E team (if attending OACs in-person, construction observation visits will coincide with OACs). d. Responding to approximately one hundred (100) Su bmittals (shop drawings, product data, etc.).
e. Responding to approximately two hundred (200) Re quests for Information (RFI). f. Reviewing and approving monthly contractor Pay A pplications. g. Preparing one (1) A/E Punch List of the construc tion prior to Owner occupancy. h. Reviewing contractor-prepared Closeout Documents (subcontractor and material provider warranties, operations & maintenance manuals, contr actor’s as-built drawings).

114

3 D. Preliminary Schedule:

Refer to Attachment “E” for the Preliminary Project Schedule. This is intended to provide a rough timeline of the project based on known information at this time but is subject to change as additional information is discovered as the project moves forward through the subsequent phases.

It is assumed the City outsources Agency Review and expedites the review times to meet the indicated duration in Attachment “E” and HMC and it’s consultants are responsible for timely responses.

Note: The Owner and Architect agree and acknowledge that the performance of the Architect’s services may depend upon other parties and circumstances which the Architect cannot control. The schedule and fee, therefore, may be extended by agr eement between the Owner and Architect, except where the Architect is solely responsible for Project delays.

E. Assumptions / Exclusions:

a. Services
a. Basic Services include:
• Architectural
• Structural Engineering
• Mechanical, Plumbing, and Electrical Engineering
b. Supplemental Services include:
• Entitlements and Environmental Services
• Topographic Survey
• Civil Engineering, On-Site
• Landscape Architecture
• Food Service
• Fire Sprinkler and Alarm Engineering
• Data/Telecom/Low Voltage Engineering
• Security (Intrusion/CCTV) Engineering
• Photovoltaic and Battery Storage Design
• Audio-Visual
• Fundamental Commissioning
• Furniture, Fixtures, and Equipment (FF&E)
c. Specialty consultants other than those listed in this Proposal are excluded. b. Energy and Sustainability
a. LEED, WELL, Zero Energy Building, or other susta inable certification(s) of any type related to this Project are excluded.
b. Fundamental Commissioning, as required by the 20 22 California Energy Code and the CALGreen Code, is included.
c. Design of photovoltaics and battery storage syst em, per 2022 California Energy Code, is included.
d. Commissioning or training of systems are exclude d.
e. Detailed on-site renewable energy and/or IAQ man agement plans are excluded. f. QSP monitoring services; horizontal control plan s; Standard Urban Stormwater Mitigation Plan (SUSMP), and off-site work is excluded. g. QSD services for development of Storm Water Poll ution Prevention Plan (SWPPP) is included. Fees for submission of SWPPP shall be pai d for by Owner. c. Agency
115

4 a. The City will outsource Agency Review to a third -party for expedited review. b. The third-party reviewer will participate in pre -application meetings to support expedited review times.
d. Construction
a. It is assumed that project delivery method is CM Multi-Prime (CMMP). b. Construction duration is preliminarily estimated at a maximum of fourteen (14) calendar months. Should the construction schedule be extende d through no fault of the architect, additional services for extended Construction Administration services shall apply. c. Construction staking during construction is excl uded and shall be provided by General Contractor.
e. Fees
a. Agency and permit fees are excluded.
b. Testing and inspection fees are excluded.
f. Deliverables
a. Development of Record Drawings from Contractor’s As-Builts is excluded. b. Hard copy prints of Construction Documents and S pecifications are excluded.

F. Compensation:

HMC will provide the services listed in the Scope of Services (Section C) above for a fixed fee of Three Million, Two Hundred Sixteen Thousand, Two Hundred Dollars ($3,216,200) based on thirteen percent (13%) of an estimated construction cost of approximately Twenty-Four Million, Seven Hundred Forty Thousand Dollars ($24,740,000) per the Phase Breakdown below. If after completion of Schematic Design, the Owner approved construction budget exce eds this amount, A/E fees will be adjusted according to the percentage of construction established above.

A/E Fee Phase Breakdown Fee
Schematic Design (SD) 15% $ 482,430
Design Development (DD) 25% $ 804,050
Construction Documents (CD) 35% $ 1,125,670
Agency Review and Approval (AG) 3% $ 96,486
Bidding and Negotiations (BD) 2% $ 64,324
Construction Administration (CA) 20% $ 643,240
Total 100% $ 3,216 ,200

G. Additional Services:

If Additional Services are required beyond the orig inal Scope of Work, such services described in Attachment “B”, HMC will bill on an hourly basis pe r Attachment “A”, HMC Standard Hourly Rate Schedule.

H. Reimbursable Expenses:

Reimbursable expenses are preliminarily estimated n ot to exceed Twenty-Five Thousand Dollars ($25,000) . Reimbursable expenses are in addition to compensation for Consulting Services, including printing, plotting, delivery, and other expenses re lated to Agency review, Bidding, Construction or other Owner requested costs. Expense of fees paid f or securing approval of authorities having jurisdiction over the Project. The Architect's compensation shall be computed based on one and one fifteenth (1.15) times the amounts invoiced to the Architect. 116

5 Please review this Proposal and if it meets with yo ur approval, please send HMC your Standard Form of Agreement for signature.

If you have any questions or need additional information, please contact me at (626) 826-9108.

Sincerely,

Brandon Gullotti AIA, NCARB, Assoc. DBIA
Principal In Charge

Encl.: Attachment “A” – Standard Rate Schedule
Attachment “B” – Additional Services List
Attachment “D” – HMC Production Deliverables
Attachment “E” – Preliminary Project Schedule

cc: Sarah Gradillas, File -02 Contracts Information -03 AOA \PROPOSALS

117

Standard Hourly Rate Schedule

HMC Rate Schedule
Hourly Rate by Professional Category
(Not all categories need apply to this contract)

Description Rates
Principal in Charge $ 385
Sr Project Manager/Sr Project Architect/Sr Technical Manager $ 285 Project Manager/Project Architect/Technical Manager $ 270 Job Captain/Technical Leader $ 225
Project Coordinator $ 195
Senior Construction Administrator $ 290 Construction Administrator $ 270
Project Administration Support $ 160
Design Principal $ 385
Senior Project Designer $ 285
Project Designer $ 270
Design Leader $ 225
Designer II $ 175
Designer $ 160
Sustainability Director $ 320
Specifications Writer $ 245
Visualization Arts $ 225

These are the current hourly rates effective July 1, 2025, through June 30, 2026 and are subject to change one time annually effective July 1st

ATTACHMENT "A"
118
ATTACHMENT "B"

ADDITIONAL SERVICES

The Additional Services described in this Attachment are not included in Basic Services and they shall be paid for by the Owner as provided in this Agreement , in addition to the compensation for Basic Service s.

Additional Services may only be provided if authorized or confirmed in writing by the Owner and Architect.

Project Representation Beyond Basic Services:

1. Revisions: Making revisions in Drawings, Specifications, Pro ject Manual or other documents when such revisions are:

a. Inconsistent with approvals or instructions prev iously given by the Owner;

b. Required by the enactment, revised interpretatio n, jurisdictional differences in interpretation, or revision of codes, laws or regulations subsequent t o the preparation of such documents, or additional costs caused by delays resulting from such.

2. Project Changes: Providing services required because of changes in the Project including, but not limited to, size, quality, scope, complexity, the Owner's schedule, or the method of bidding or negotiat- ing and contracting for construction including project phasing or bid packages.

3. Change Orders: Preparing Drawings, Specifications and other doc umentation, analysis and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and directives.

4. Default: Providing services made necessary by the default or termination of the Contractor, by defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner, Contractor or others performing services or providing work on the Project.

5. Contractor’s Submittals: Reviewing a Contractor’s submittal out of sequence from the submittal schedule agreed to by the Architect, or multiple reviews of submittals beyond the number of reviews included as Basic Services.

6. Contractor’s RFI: Responding to the Contractor’s requests for information where such information is available to the Contractor from a careful study an d comparison of the Contract Documents, field conditions, Contractor-prepared coordination drawin gs, or prior Project correspondence or documentation.

7. Claims: Providing services in connection with claims submitted by Contractor or others.

8. Hearings, Proceedings: Providing services in connection with the preparation for, or attendance at, public hearings or other meetings, or legal proceedings, except where the Architect is a party thereto.

Contingent Additional Services

1. Existing or Other Facilities: Providing services to investigate facilities or existing conditions or to make measured drawings thereof.

2. Detailed Estimates: Providing detailed estimates of Construction Cost.

3. Providing Other Consultants: Providing services of consultants, if any, other than those specified as Basic Services under this Agreement.

4. Client-Provided Front-End Specifications: Providing services made necessary due to process or scope changes resulting from the inclusion of Client-provided front end specifications section.

5. Post Completion/Extended Construction: Providing services after the original completion date not due to the fault of the Architect or after issuance to the Owner of the final Certificate for Payment, or thirty (30) days after the date of Substantial Completion of the Work, whichever is earlier.

6. Project Hold/Resumption: If the Project is placed on hold by the Owner for more than 90 days due to circumstances beyond the direct control of the Architect, the schedule shall be adjusted and the Architect’s compensation shall be equitably adj usted to provide for expenses incurred in the interruption and resumption of the Architect’s services.

7. Other Additional Services: Providing any other services not otherwise included in this Agreement. 119

Page 1 ends

ATTACHMENT “D”

HMC PRODUCTION DELIVERABLES

100% Schematic Design Submittal

 Project Schedule
 Program
 Design, Code Analysis
 Architectural Requirements

Floor Plans
o Room names with cross reference to sizes required by project program. o Overall dimensions, grid, partition, and column la youts with door & window openings. o Demolition plan if required by the project.

Elevations and Sections
o Exterior elevations depicting height and relations hip to natural and graded ground contours. o Sections as needed to explain the structure or its design features.

Code Analysis
o Allowable building area calculations in accordance with construction type, side yards, setbacks, fire sprinkler increases, zoning code floor area ratios if applicable and building height compliance. o Floor plans depicting exit system, occupancy and a rea separations. o Mixed occupancy ratios if applicable.
o Calculated plumbing fixture counts.

Architectural Narrative
o General description of architectural materials and building systems

100% Design Development Submittal

 Updated Project Schedule
 Updated Program
 Updated Design, Code Analysis
 Expanded Architectural Requirements

Floor Plans
o Room names with cross reference to sizes required by project program with defined corridors, lobbies, stairs, elevators, toilet rooms, janitors’ closets, and mechanical/electrical equipment rooms. o Overall dimensions, grid, partition, and column la youts with door & window openings with provisions for making facilities accessible to and usable by the disabled. o Location of plumbing fixtures such as floor drains , drinking fountains, showers, fire-hose cabinets, fire extinguisher cabinets, fume & exhaust hoods.
o Major built-in features such as fixed seating, foo d service equipment, display cases, counters, shelves, lockers, laboratory workspaces, and casework.
o Contract or movable furniture systems layouts indi cating differences between fixed and movable furniture systems and equipment.
o Floor and wall finish patterns and accents.
o Demolition plan if required by the project.

Reflected Ceiling Plans
o Lighting layouts, ceiling systems and design eleme nts such soffits, troughs, vaults, and coffers.

Elevations and Sections
o Exterior elevations depicting height and relations hip to natural and graded ground contours. 120

Page 2 ends

o Depict all building elements including penthouses, entrances, canopies, windows, doors, stairs, platforms, louvers, stacks, and similar items with indicated finish of materials. o Sections as needed to explain the structure or its design features. Including longitudinal and traverse sections for each major area, indicating floor elevations, ceiling heights, tunnels and unexcavated areas, basements, rooflines, and parapets, passages between buildings if applicable – sections cross referenced to floor plans.
o Coordinate and indicate HVAC distribution and hood venting.

Interior Elevations
o Elevations of all major rooms and design features with details to explain concept and design.

Schedules
o Door Schedule denoting size, type, frame, rating a ssembly, material and special comments. o Window Schedule denoting size, type, frame, glazin g, window covering if applicable and special comments.
o Finish Schedule denoting material finish of floor, floor base, wall & ceiling.

Updated Code Analysis
o Allowable building area calculations in accordance with construction type, side yards, setbacks, fire sprinkler increases, zoning code floor area ratios if applicable and building height compliance. o Floor plans depicting exit system, occupancy and a rea separations. o Mixed occupancy ratios if applicable.
o Calculated plumbing fixture counts.
o Illustrate code implications from preliminary revi ew and interpretations of agencies.

Enlarged Room Plans
o Equipment rooms indicating layout of equipment to ensure sufficient space has been allocated. o Toilet Rooms and support services rooms.
o Special design feature rooms.

Specifications
o Table of Contents for Specifications.
o Division 01- General Requirements.

100% Construction Documents Submittal

Production

The following outline of documents represent the minimum construction document phase submittals which shall include working drawings and specifications from all disciplines with updated estimates of probable cost reflecting current work to date.

Narrative
o Summary of reports, code analysis, and reconciliat ion of governmental agency requirements and applicable regulations.

Statement of Sustainable Design
o Documentation of compliance with California Energy Code.

Architectural Drawings
o Title Sheet
o Site & building demolition plan where project appl icable o Site Plan
o Phasing site and floor plans where project applica ble o Life/Safety plans including applicable code analys is and tabulations o Key, reference and enlarged floor plans
o Reflected ceiling plans
o Exterior elevations and building sections
o Furniture and equipment plans where project applic able 121

Page 3 ends

o Wayfinding, signage plans where project applicable
o Interior and casework elevations
o Partition, ceiling, and design feature details
o Door, window and interior finish schedules
o Enlarged wall sections
o Stair and elevator plans, sections and details whe re project applicable o Materials board – updated from design development phase. o Finish and Furniture Sample Binders
o Detail of anchorage for all fixed equipment in acc ordance with building code requirements. o Stamp all drawings and specifications as required by law by architect of record.

Specifications
o CSI format specifications from each respective dis cipline including Division- 01, General Conditions and Supplementary Conditions. Specifications shall demonstrate adherence with client’s standards and contracted vendors and suppliers where project applicable. o Bidding Requirements, Notice to Bidders and Bid Forms. 122
ID Task
Mode
Task Name Duration Start Finish
1 Package 1: Utilities / Grading 80 days Mon 12/1/25 Fri 3/20/26 2 Architectural Design & Engineering 35 days Mon 12/1/25 Fri 1/16/26 3 Preliminary Utility Requirements 5 days Mon 12/1/25 Fri 12/5/25 4 Construction Documents 30 days Mon 12/8/25 Fri 1/16/26 5 Agency Review & Approval 5 days Mon 1/19/26 Fri 1/23/26 6 Change Order Review & Approval 5 days Mon 1/19/26 Fri 1/23/26 7 Construction 30 days Mon 1/26/26 Fri 3/6/26
8 Package 2: Foundations & Structural Steel 195 days Mon 12/8/25 Fri 9/4/26 9 Architectural Design & Engineering 70 days Mon 12/8/25 Fri 3/13/26 10 Footprint & Preliminary Massing 6 days Mon 12/8/25 Tue 12/16/25 11 Meeting: City - Review Preliminary Massing 0 days Mon 12/8/25 Mon 12/8/25 12 Meeting: City - Review Preliminary Massing 0 days Thu 12/11/25 Thu 12/11/25 13 Meeting: City - Approve Preliminary Massing 0 days Tue 12/16/25 Tue 12/16/25 14 Foundation & Structural Steel Design 30 days Mon 12/8/25 Fri 1/16/26 15 Design Criteria 0 days Thu 12/11/25 Thu 12/11/25
16 Framing Diagram & Model 0 days Fri 1/9/26 Fri 1/9/26 17 Construction Documents 40 days Mon 1/19/26 Fri 3/13/26 18 Agency Review & Approval 20 days Mon 3/16/26 Fri 4/10/26 19 Bidding & Negotiations 35 days Mon 3/16/26 Fri 5/1/26 20 Construction 90 days Mon 5/4/26 Fri 9/4/26
21 Package 3: Shell 280 days Mon 12/8/25 Fri 1/1/27
22 Architectural Design & Engineering 115 days Mon 1/5/26 Fri 6/12/26 23 Schematic Design 45 days Mon 1/5/26 Fri 3/6/26
24 Meeting: All - Enhanced Massing 0 days Mon 2/2/26 Mon 2/2/26 25 Meeting: All - Approve SD 0 days Fri 3/6/26 Fri 3/6/26 26 Design Development 30 days Fri 3/6/26 Fri 4/17/26
27 Meeting: All - Exterior Finishes and Renderings 0 days Wed 3/25/26 Wed 3/25/26 28 Construction Documents 40 days Mon 4/20/26 Fri 6/12/26 29 Agency Review & Approval 20 days Mon 6/15/26 Fri 7/10/26 30 Bidding & Negotations 35 days Mon 6/15/26 Fri 7/31/26 31 Construction 110 days Mon 8/3/26 Fri 1/1/27
32 Package 4: Interior Build-Out 340 days Mon 12/1/25 Fri 3/19/27 33 Programming 15 days Mon 12/1/25 Fri 12/19/25
34 Meeting: All - Kickoff & Visioning 0 days Mon 12/1/25 Mon 12/1/25 35 Meeting: Operator - Determine Program Requirements 0 days Mon 12/1/25 Mon 12/1/25 36 Meeting: Operator - Review Adjacencies & Blocking Layout 0 days Mon 12/8/25 Mon 12/8/25 37 Meeting: Operator - Confirm Program 0 days Tue 12/16/25 Tue 12/16/25 38 Architectural Design & Engineering 160 days Mon 1/5/26 Fri 8/14/26 12/8
12/11
12/16
12/11
1/9
2/2
3/6
3/25
12/1
12/1
12/8
12/16
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Page 1 ends

Project: CO PSC - Project Sched
Date: Thu 11/20/25
ATTACHMENT "E"
123
ID Task
Mode
Task Name Duration Start Finish
39 Schematic Design 45 days Mon 1/5/26 Fri 3/6/26
40 Meeting: All - Preliminary Floor Plan Review 0 days Mon 2/2/26 Mon 2/2/26 41 Meeting: All - Approve SD 0 days Fri 3/6/26 Fri 3/6/26 42 Design Development 55 days Mon 3/9/26 Fri 5/22/26
43 Meeting: All - Interior Concepts 0 days Wed 3/25/26 Wed 3/25/26 44 Meeting: All - Interior Finishes and Renderings 0 days Wed 4/15/26 Wed 4/15/26 45 Construction Documents 60 days Mon 5/25/26 Fri 8/14/26 46 Agency Review & Approval 20 days Mon 8/17/26 Fri 9/11/26 47 Bidding & Negotations 35 days Mon 8/17/26 Fri 10/2/26 48 Construction 120 days Mon 10/5/26 Fri 3/19/27
2/2
3/6
3/25
4/15
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Page 2 ends

Project: CO PSC - Project Sched
Date: Thu 11/20/25
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BB&K 2020

AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TILDEN-COIL CONSTRUCTORS, INC.

1. Parties and Date.

This Amendment No. 7 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Tilden-Coil Constructors, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated April 4, 2023 (“Agreement”).

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to provide the construction management multi- prime services for all facets of the Professional Baseball Stadium Flight Tower Restau rant Project in the amount of $2,360,715. The Parties have heretofore entered into that Amendment No. 1 dated August 15, 2023, Amendment No. 2 dated March 5, 2024, Amendment No. 3 dated April 16, 2024, Amendment No. 4 dated July 16, 2024, Amendment No. 5 dated October 15, 2025, and Amendment No. 6 dated May 20, 2025.

2.3 Amendment Authority. This Amendment No. 7 is authorized pursuant to Section

3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:

“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 architectural and related consulting services necessary for the Project (" Services"). The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein 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
125
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BB&K 2020

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. 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 Seventy-Three Million Six Hundred Twenty-Nine Thousand Eighteen Dollars ($73,629,018) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

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

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 7, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 7. From and after the date of this Amendment No. 7, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 7.

3.4 Severability. If any portion of this Amendment No. 7 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES

AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TILDEN-COIL CONSTRUCTORS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 7 as of the day and year first above written.

CITY OF ONTARIO TILDEN-COIL CONSTRUCTORS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

127
1 of 6
November 19, 2025 (Revised)
T
ito Haes, Executive Director Public Works
City of Ontario
1333 S. Bon View
Ontario, CA 91761
R
e: Proposal for CM Multi-Prime Services for the Ontario Flight Tower Restaurant Project D
ear Tito,
W
e are pleased to present our fee proposal to provide CM Multi-Prime services for the Ontario Flight Tower Restaurant. It is exciting to anticipate the impact this new project will have on the community! Ou
r Fee structure, outlined below, is in alignment with on-call rates submitted in February 2023. Our understanding of the scope of the project is as follows:

O
ntario Flight Tower Restaurant
Please refer to Attachment No. 1 for the conceptual drawings of the proposed Ontario Flight Tower restaurant. The project details in these drawings form the basis of our proposal.

T
he preliminary project schedule outlined below reflects an accelerated preconstruction and construction approach and is subject to change.
• Design – 12/1/25 to 5/1/26
• Bidding and plan check concurrent – 3/1/26 to 6/7/26
• Construction – 7/1/26 to 3/31/27
o Phase 1 (utilities) – To commence in March
o Total construction duration assumed for general conditions budget – 11 months T
otal CM Compensation
Current Construction Budget: $ 22,559,683

1. P
reconstruction $95,000

2. CM Fee (3.85%): $868,548

3. G
eneral Conditions: $1,297,167

4. O
wner Allowance: $100, 000

4. Total (1- 4) $ 2,360,715
P
reconstruction Services
Preconstructions Services fee is based on a design/preconstruction duration identified in the attachment to this proposal. The preconstruction services amount shall be billed in equal monthly installments throughout the preconstruction phase. Preconstruction Services include the following for each phase of work/separate project:
• Management Oversight and Support, Meetings, Design Coordination • Estimating (Schematic Design, Design Development, Construction Documents) • Prepare Trade Scope Packages
Attachment A
128

2 of 6

• Bidding Support Services
• Value Engineering
• Constructability Review
• Scheduling & Logistics Planning
• Building Information Modeling (Clash Detection, Utility Modeling)

CM Fee
CM Fee shall be calculated on the anticipated cost of construction and shall be adjusted based upon the actual cost of construction using the fee percentage of 3.85%. Fifteen Percent (15%) of the CM Fee shall be paid during the design/preconstruction phase of the project and Eighty-Five Percent (85%) shall be paid during the construction phase of the project.

Construction General Conditions
Construction general conditions include CM labor and an allowance for General Requirements. General Requirements allowance includes project support costs such as temporary fencing, temporary restrooms, surveying, safety measures, safety supplies, office supplies, computers/software, fuel, and printing.

General conditions expenses shall be reimbursable and provided to the city without fee markup by the CM. The billable hourly rates and rental rates are attached hereto as Attachment No. 2. The billable rates are subject to increase should the schedule be extended.

The general conditions budget is based upon the preliminary durations and start dates above. General conditions shall be adjusted based upon the final construction schedules developed prior to the bidding phase of the projects and the general conditions monthly rates shall be utilized for any increase/decrease in the general conditions budgets.

We look forward to continuing our relationship with the City of Ontario. Please do not hesitate to contact me with any questions.

Sincerely

Jason Howarth
Project Executive
Tilden-Coil Constructors
Building with Integrity Since 1938
P: 951.684.5901 Ext. 209

129

3 of 6

Attachment No. 1
Preliminary Drawings

[attached on following pages]

130

07.23.2025HMC ARCHITECTS
Section
Title or
Headline
Here

SUBHEAD GOES HERE AND HERE

07.23.2025

HMC ARCHITECTS
Ontario Sports
Empire
Restaurant
131
SITE

07.23.2025HMC ARCHITECTS
2 Site
132

07.23.2025HMC ARCHITECTS
3 Conceptual Sketch Level 01
Hellman Avenue
Concourse
Building Footprint: 5,800 SF
Indoor Seating: 2,600 SF
Outdoor Seating: 1,400 SF
133

07.23.2025HMC ARCHITECTS
4 Conceptual Sketch Level 02
Concourse
Hellman Avenue
Level 02 Enclosed: 1,200 SF
Indoor Seating: 0 SF
Outdoor Seating: 2,850 SF
134
Conceptual Sketch Level 03 (T ower)

07.23.2025HMC ARCHITECTS
5 Concourse
Hellman Avenue
Level 03 Enclosed: 1,300 SF
Indoor Seating: 865 SF
135

07.23.2025HMC ARCHITECTS
6 Elevation (Hellman Avenue)
46FT
136

07.23.2025HMC ARCHITECTS
7 Section
Concourse Hellman Avenue
46FT
137

4 of 6

Attachment No. 2
Tilden-Coil Constructors, Inc.

Billable Rates Ontario Flight Tower Restaurant

Rates include escalation through July 2028 and shall be subject to adjustment annually in alignment with the consumer price index for the area.

Position Hourly Rate
Project Executive $187.00
Production Director $187.00
Safety Officer $139.00
Sr. Project Manager $156.00
Sr. Superintendent $156.00
Project Manager $139.00
Assistant Project Manager $129.00
Superintendent $139.00
Area/Assistant Superintendent $127.00
Scheduler $158.00
BIM Manager $175.00
BIM Specialist $151.00
BIM Technician $135.00
TCC Survey $151.00
Preconstruction Manager $136.00
Sr. Project Engineer $124.00
Project Engineer $113.00
Estimator $106.00
Preconstruction Coordinator $64.00
Labor Compliance Coordinator $72.00
Accountant $108.00
Sr. Project Administrator $79.00
Project Administrator $70.00
Project Engineer Intern $43.00
Field Labor $103.00

*Overtime rates for positions identified are billed at 1.5x for hours billed in excess of 40 hours in a given week. All other positions are billed at the listed rate for overtime hours.

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5 of 6

Rental Rates
The rates set forth herein shall govern the billing for all general conditions and equipment rentals as applicable to the project. The rates specified are fixed and shall apply for the duration of the Project unless otherwise modified in writing by mutual agreement of the Parties. All billable items related to general conditions and equipment usage shall be invoiced in accordance with these established rates.

The rates are valued until July of 2026 and if the project continues beyond this date, are subject to a CPI increase percentage increase per year.

Description Day Week Month
Traffic Control:

Barricades - "A" frames without flashing unit $2.00 $8.00 $24.00 Barricades - Street closure $6.00 $24.00 $72.00
Delineators/cones $1.00 $4.00 $12.00
Water Filled Barriers prorate prorate $55.00
Dust Control:

Trailer mounted water tank $24.00 $72.00 $216.00
Fire hose per 100' with nozzle and hydrant wrench $8.00 $24.00 $72.00 Dewatering/Erosion Control:

Water Pump - Submersible with hose $30.00 $100.00 $300.00 Trash/Sewage Pump $75.00 $250.00 $850.00
Rumble Plates prorate prorate $135.00
Temporary Heating:

Heaters 50,000 to 150,000 BTU $190.00 $225.00 $650.00 Trailer Rental & Expenses:

Singlewide prorate prorate $450.00
Doublewide prorate prorate $900.00
8' x 28' prorate prorate $175.00
Temp Power Poles & Connection:

Bull chords - 100' prorate prorate $40.00
Temp power boxes prorate prorate $150.00
Storage Bins:
20' Storage Container prorate prorate $100.00
Gang Boxes - skid mount prorate prorate $100.00
Gang Boxes - rolling interior casters prorate prorate $100.00 Plan Boxes - Knack prorate prorate $100.00
Temp Lighting:

Light String (without bulbs) $4.00 $12.00 $36.00
Light Stand (without bulb) $4.00 $12.00 $36.00
Wobble Lights $15.00 $30.00 $85.00
Light Towers $247.00 $490.00 $950.00
Small Tools/Equipment:

Radial Arm - Towable $50.00 $150.00 $450.00
139

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Description Day Week Month
Core Drilling Machine $120.00 $400.00 $1,200.00
Whacker $70.00 $210.00 $630.00
Fan - Industrial or Pedestal Mount $45.00 $120.00 $250.00 Generator - 5K watt $103.00 $333.00 $750.00
Fuel Storage Tank prorate prorate $300.00
Equipment Rental:

Skiploader - 2wd $155.00 $620.00 $3,000.00
Skiploader - 4wd $165.00 $660.00 $3,000.00
Skidsteer Bobcat $355.00 $1,200.00 $3,200.00
Backhoe $500.00 $1,400.00 $3,300.00
Reachlift/Gradall $700.00 $2,000.00 $4,600.00
Towable Air Compressor $425.00 $1,100.00 $2,300.00
Jackhammer with chisels, points, spades $60.00 $180.00 $540.00 Flatbed - 1 ton $95.00 $350.00 $790.00
Flatbed or Dumptruck $185.00 $740.00 $1,400.00
Water Truck prorate prorate $3,650.00
Trailer - Lowboy $100.00 $366.00 $900.00
Forklift prorate $1,000.00 $3,000.00
Site Transportation
Site Supervision Vehicle (Golf Cart) prorate prorate $700.00 Site Supervision Vehicle (4-6 seat UTV, 4WD) prorate prorate $1,120.00 BIM Equipment:

BIM Total Station prorate prorate $4,500.00
3D Site Scanner prorate prorate $6,500.00
Drone (Includes licensing fees for processing software) prorate prorate $1,500.00 Office Equipment:

Copier prorate prorate $400.00
Plotter prorate prorate $350.00
Printer/Copier (Small, Single Feed) prorate prorate $200.00 Computer/workstation (includes hardware, software, BIM
coordination licensing fees) prorate prorate $400.00
BIM Coordination Software prorate prorate $4,762.00
iPad/Tablet prorate prorate $150.00

140
Department: Police Department
Prepared By: Lizceth Zazueta
Department:

Prepared By: Heather M Lugo
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

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

AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR CITY PARKING

ENFORCEMENT SERVICES

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That City Council authorize the City Manager, or his designee, to:

A. Reject the bid protest submitted by Universal Protection Service, LP, dba Allied Universal Security Services and LAZ Parking California, LLC on account of both proposals were disqualiﬁed and the protests submitted are without merit; and
B. Execute a Professional Services Agreement for up to ﬁve years with ACE Parking III, LLC of San Diego, California for parking enforcement services for a not-to-exceed contract amount of $9,523,369.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The professional services agreement for parking enforcement services with ACE Parking III, LLC has a not-to-exceed amount of $9,523,369 over a ﬁve-year term to include a ﬁfteen percent contingency, mitigating the need for revision due to any increase in the City's needs for parking enforcement services. The ﬁrst three years of the agreement are a combined amount of $4,725,610. The Fiscal Year 2025–26 Adopted Budget includes appropriations in the General Fund for parking enforcement services. Appropriations for future ﬁscal years of the agreement will be included in the respective fiscal years’ budget to be considered by City Council for approval.

BACKGROUND & ANALYSIS:

The Ontario Police Department’s Parking Enforcement Services are designed to ensure compliance with municipal parking regulations, to support public safety, and 141
promote eﬃcient traﬃc ﬂow. These services include the city owned parking structures and play a vital role in the department’s operational eﬀectiveness by allowing police oﬃcers to focus on their core public safety responsibilities. Residents and visitors of the City of Ontario also beneﬁt from cleaner streets through the enforcement of street-sweeping schedules, helping to maintain the city’s appearance and promote community pride.

On October 1, 2020, the City entered into an agreement with Universal Protection Services, LP, dba Allied Universal Services (Allied), which was set to expire on October 31, 2025. In anticipation of this, the City issued a Request for Proposal (RFP) (Bid #1950) on September 17, 2025. The RFP submission period closed on October 1, 2025. At that time, eleven respondents had submitted proposals. Based on Staﬀ’s review of the proposals, Staﬀ determined that the proposals submitted by the following proposers were non-responsive to the RFP as they did not satisfy the submission requirements of the RFP:

1. Code 4 Private Security

2. Inter-Con Security Systems, Inc.

3. LAZ Parking CA, LLC

4. Regency Security Group

5. Securitas Security Services USA

6. Universal Protection Service, LP (d.b.a.) Allied Universal Security Services.

Staﬀ concluded that only the following ﬁve proposals received were responsive and proceeded through the RFP evaluation process with respect to these five proposals:

1. ABA Protection, Inc.

2. ACE Parking

3. Alltech Industries, Inc.

4. Aventus, Security

5. Citiguard, Inc.

As a result of the evaluation process, Staﬀ determined that ACE Parking III, LLC was the highest- ranking proposer and presented the proposal providing the best value to the City. In light of the foregoing background and analysis, Staﬀ unanimously recommends entering into a new agreement with ACE Parking for an initial three-year time frame with two, one-year extensions, contingent upon all necessary documents being submitted to the City and ﬁnal approval from the City’s Risk Management Department.
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BB&K (2024) -1- PROFESSIONAL SERVICES AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

ACE PARKING III, LLC

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 ACE PARKING III, LLC a LIMITED LIABILITY COMPANY with its principal place of business at 645 ASH STREET, SAN DIEGO, CA 92101 ("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 City Parking Enforcement Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

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 City Parking Enforcement 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 December 16th, 2025 to December 15 th, 2028 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) 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.

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

TREASURER

SCOTT OCHOA

CITY MANAGER
143
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BB&K (2024) -2- PROFESSIONAL SERVICES AGREEMENT

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 Million, Seven Hundred Twenty-Four Thousand, Six Hundred Ten Dollars and Zero Cents ($4,724,610.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if a uthorized, 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 Consultan t'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 payme nt shall not constitute a waiver of any claims by the City for any reason whatsoever.

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

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

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

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing.

Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued 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.

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3.3 Responsibilities of Consultant.

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

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

Consultant shall be responsible for all reports and obligations respecting such ad ditional personnel, in cluding, 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:

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

Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Tom Pesce, Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. 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 145
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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 represent s 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 t o 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 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 manne r 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 Tim e and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeu re Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of 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 146
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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 stil l terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

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

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

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

3.3.10.5 Water Quality Management and Compliance . Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, wi thout limitation, all applicable provisions of the City’s 147
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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 oth er 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.

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, suppl ement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $ 2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 148
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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 t his 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: T he City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served u pon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

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

3.3.11.5 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written expr ess 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 p olicy or policies not contained a deductible or self -insured retention.
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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 ha s been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

3.3.11.9 Enforcement of Agreement Provisions (non estoppel) .

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

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 150
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(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.
(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 appropria te 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 busine ss and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 151
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

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

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

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consult ant 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 A greement. 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 152
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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 equ ity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2 782.8, 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 Agree ment for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of 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 (“Sub contractor(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 153
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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: ACE Parking III, LLC
645 Ash St
San Diego, CA 92101
ATTN: Tom Pesce, Vice President
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Records Management
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

3.7.4 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 pre pared 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 t o 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 & 154
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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 pro ject other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its D ocuments & 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 di sclosed 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 c onfidential. 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 155
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action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

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

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

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code cl aim 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 s hall 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 156
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BB&K (2024) -15- PROFESSIONAL SERVICES AGREEMENT

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

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

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

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

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

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

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

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

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

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SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND ACE PARKING III, LLC

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 ACE PARKING III, LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, Two Signatures, President Or
Vice President And Secretary Or Treasurer
Required]

Approved By:

Scott Ochoa
City Of Ontario
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

PROPOSED SCOPE OF SERVICES
City Parking Enforcement Service
Program Overview:

The City requires the services of a qualified parking enforcement company to provide City Parking Enforcement Services. This Scope of Work defines the operational responsibilities and service expectations of the City Parking Enforcement Services. The service is designed to ensure compliance with municipal parking regulations, support public safety, promote efficient traffic flow, and facilitate cleanliness through the enforcement of street sweeping schedules.

1. Operational Hours and Enforcement Coverage

1.1 Street Sweeping Enforcement
• Street sweeping enforcement will be conducted Monday through Friday from 7:00 AM to 5:00 PM.
• A minimum of five (5) personnel shall be exclusively dedicated to street sweeping enforcement duties during these hours.
• These personnel will monitor and enforce all designated street sweeping zones, ensuring vehicles are not obstructing sweepers during posted hours. • Enforcement efforts will be coordinated with the City’s Public Works Department to align with scheduled street sweeping operations.

1.2 General Parking Enforcement – 24/7 Coverage
• General parking enforcement will be conducted 24 hours a day, 7 days a week throughout the city.
• A minimum of one (1) personnel shall be exclusively dedicated to general parking enforcement. • Officers will enforce a broad range of parking violations, including but not limited to:
o Expired meters and time-restricted parking
o Fire lane and red zone parking
o Permit-only and residential zones
o Handicap parking violations
o Loading/unloading zone misuse
o Double parking
o Blocking driveways or sidewalks
o Abandoned or inoperable vehicles
o Unauthorized commercial vehicle parking in restricted zones

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BB&K (2024) Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT

2. Staffing, Uniforms, and Equipment
• The service will maintain sufficient staffing to provide 24/7 enforcement coverage, including day, swing, and overnight shifts.
• The vendor shall be responsible for providing:
o All trained and uniformed Parking Enforcement Officers (PEOs) o Marked enforcement vehicles equipped with emergency lighting for high visibility and safety
o PEO uniforms that clearly identify the officer as an official enforcement agent o Handheld citation issuance devices
o Body-worn video equipment

3. Contractor Personnel Requirements
The vendor shall ensure that all personnel assigned to the Parking Enforcement Services meet the following qualifications:
• Education: Possess a high school diploma or equivalent • Driver’s License: Must possess and carry in their possession while on duty a valid California Driver’s License issued by the CA Department of Motor Vehicles • Licensing: Hold a valid Guard Card issued by the State of California • Background Check: Must successfully pass a comprehensive criminal background check • Training Requirements: All personnel must be trained in the following areas prior to assignment:
o Basic customer service and public interaction
o Conflict resolution and de-escalation techniques
o Cultural awareness and diversity
o Handling challenging or confrontational customer interactions • Training records shall be maintained by the vendor and made available to the City upon request.

4. Compliance, Reporting, and Accountability
• All enforcement activities will be conducted in accordance with applicable municipal codes, departmental policies, and legal requirements.
• The citation and enforcement reporting system shall be provided by the vendor and must:
o Be cloud-based and securely maintained
o Allow real-time access to citation and enforcement data o Be accessible to authorized police department personnel for oversight and coordination
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BB&K (2024) Exhibit “A”-3 PROFESSIONAL SERVICES AGREEMENT

o Track all citations issued, areas patrolled, and public complaints • The vendor will generate and submit a monthly summary report to city leadership, outlining key performance indicators and operational highlights.

5. Public Engagement and Community Support
• PEOs will maintain a professional and service-oriented demeanor in all public interactions. • The service will support community education by partnering with the City’s communication team to:
o Disseminate information on street sweeping schedules and parking regulations o Provide clear instructions for contesting or paying citations o Encourage voluntary compliance with city parking laws

6. Service Review and Evaluation
• The Parking Enforcement Service will be reviewed annually to evaluate:
o Staffing levels and coverage effectiveness
o Citation data trends and operational performance
o Technology and reporting system functionality
o Community feedback and complaint resolution
• Based on the review, recommendations may be made to adjust operations, staffing, or technology as necessary.

7. Parking Control Enforcement Services Equipment
The awarded Contractor shall provide vehicles and equipment meeting the following minimum requirements:

1. Vehicle Provision and Condition
o Provide vehicles in good repair, suitable for parking control and enforcement tasks. o The Contractor is responsible for all operating expenses, maintenance, and insurance for each vehicle.
o Enforcement vehicles shall be exclusively assigned to this contract.

2. Vehicle Age and Appearance
o All vehicles used must be no more than three (3) years old, unless otherwise approved by the City designee.
o Vehicles must be kept clean, well-maintained, and presentable at all times.

3. Vehicle Documentation
o Contractor shall provide a complete listing of all enforcement and relief/substitute vehicles including:
▪ a. Make, model, and year
▪ b. Company identification unit number
▪ c. California license plate number
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BB&K (2024) Exhibit “A”-4 PROFESSIONAL SERVICES AGREEMENT

▪ d. Company vehicle color scheme

4. CHP Inspection
o All vehicles shall be inspected by the California Highway Patrol (CHP). o Inspection certificates must be submitted to the Ontario Police Traffic Bureau Lieutenant.

5. Vehicle Equipment Requirements
o a. Fixed and permanent amber/white LED warning lightbar. All safety lighting equipment is to be paid for and furnished by the Contractor. o b. Two (2) sets of road trouble fluorescent triangles, one case of 30-minute flares, and ten (10) traffic safety cones (28 inches high with fluorescent reflective collars). o c. Other safety devices as may be reasonably required by the City. o d. Mounted License Plate Reader (LPR)

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

EXHIBIT "B"

SCHEDULE OF SERVICES

ALL SERVICES WILL BE PROVIDED AS OUTLINED IN EXHIBIT “A” BASED ON THE PRICES LISTED IN EXHIBIT “C”
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BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "C"

COMPENSATION

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Department: Police Department
Prepared By: Lizceth Zazueta
Department:

Prepared By: Melissa
Sowizdrzal-Morgan
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

UNIVERSAL PROTECTION SERVICES, LP, DBA ALLIED UNIVERSAL SERVICES FOR

PARKING ENFORCEMENT SERVICES

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

Amendment No. 5 with Universal Protection Services, LP dba Allied Universal Services will increase the contract amount by $240,000 for a total not-to-exceed of $4,005,714 for additional parking enforcement services as needed during the transition of services between vendors. The Fiscal Year 2025–26 Adopted Budget includes appropriations in the General Fund for parking enforcement services.

BACKGROUND & ANALYSIS:

On February 6, 2024, the City executed Amendment No. 4 with Universal Protection Services, LP, dba Allied Universal Services (Allied Universal), for parking enforcement services. The contract term concluded on October 31, 2025. In anticipation of the contract expiration, the City issued RFP No. 1950 on September 17, 2025, with proposals due October 1, 2025. Due to award processes, continued parking enforcement services are necessary until a new vendor is selected and operational.

A lapse in parking enforcement services would negatively impact regulatory compliance, traffic flow, and parking availability within the City. Consistent enforcement is essential to ensuring public safety, maintaining turnover in high-demand areas, preventing parking violations from escalating, and supporting both community expectations and City operations. For these reasons, uninterrupted service is critical.
226
Amendment No. 5 will extend the term of the professional services agreement for up to an additional six months, or until a new vendor has an executed agreement in place and is fully operational. Additionally, Amendment No. 5 increases funding for parking enforcement services by $240,000, for a total not-to-exceed amount of $4,005,714. This increase ensures the City can maintain uninterrupted parking enforcement coverage and provide additional services as needed during the transition between vendors.
227

BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100\9423414

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. 5

TO THE BOOKING, JAIL, AND TRANSPORTATION SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL

SECURITY SERVICES

1. Parties and Date.

This Amendment No. 5 to the Agreement (as defined herein) 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 (“City”) and Universal Protection Service LP dba Allied Universal Protection Services, a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Contractor have entered into an agreement entitled “Booking, Jail, and Transportation Services Agreement” dated October 1, 2020 (“Agreement”).

2.2 Amendment Purpose . T he City and Contractor desire to amend the Agreement to extend the contract term up to (6) months and increase the compensation by Two Hundred Forty Thousand Dollars and Zero Cents ($240,000.00) for a total amount not-to-exceed of Four Million, Five Thousand, Seven Hundred Fourteen Dollars and Zero Cents ($4,005,714.00).

2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 23 of the Agreement.

3. Terms.

3.1 Amendment. Section 2(a) and 3(b) of the Agreement is hereby amended in its entirety to read as follows:

Section 2(a) Term: "The initial term of this Agreement for Booking, Jail, Transportation and Parking Enforcement Services shall be from November 1, 2020, through April 30, 2026, unless earlier terminated pursuant to the provisions contained herein."

228
BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

Section 3(b) Compensation: "In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Four Million Five Thousand Seven Hundred Fourteen Dollars and Zero Cents ($ 4,005,714.00).

Payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis."

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

229
BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 5 TO

BOOKING, JAIL, AND TRANSPORATION SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL SECURITY

SERVICES

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 as of the day and year first above written.

CITY OF ONTARIO UNIVERSAL PROTECTION SERVICE,

LP DBA ALLIED UNIVERSAL

SECURITY SERVICES
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

230
Department: Planning
Prepared By: Elly Antuna
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT (PRESERVATION AGREEMENT), FILE NO. PHP25-015, FOR A LOCAL DESIGNATED HISTORIC

PROPERTY

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council consider and adopt a Resolution approving and authorizing the City Manager or designee to enter into a Mills Act Contract (Preservation Agreement), for the local designated historic property
located at 2
14 East Rosewood Court (APN:
1048-062-08); submitted by Octavio Pinedo.

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 FISCAL IMPACT:

The projected net impact of the proposed contract to the City is $829 in the ﬁrst year and approximately $8,297 over the ﬁrst ten years of the contracts from a reduction in property tax revenue. This minimal reduction in property tax revenue will be accounted for in the revenue estimates as part of the annual budget process. In exchange for this property tax reduction, $67,300 in private property investments will be made over a ten-year period.

BACKGROUND & ANALYSIS:

One Mills Act Contract is being proposed for this year representing a total investment of $67,300 of private funds into the City’s neighborhoods over the next ten years.

The Contract calls for improvements to exterior ﬁnishes ( window and door repair, replacement or
repair of damaged wood siding, exterior paint, landscaping and concrete repairs ), and system
upgrades (electrical).

A Mills Act Contract is a contract between the City and a property owner whereby the property owner agrees to certain improvements that preserve the historic integrity and character of the building and keeps the property in good repair. In exchange for the investments, State law requires the San Bernardino County Assessor to reassess the property’s value based on an alternative formula. The new assessed value may result in a signiﬁcant reduction in the owner’s property taxes.

The Mills Act does not require investment in the property to be equal to the amount of the tax savings. The purpose is to provide a ﬁnancial incentive to the owners of historic properties to maintain their properties consistent with its historic context. 231
Upon City Council approval, the City Clerk will inform the San Bernardino County Assessor that the property owners have entered into a Mills Act Contract. The Contract is a perpetual 10-year contract that automatically renews annually. If a property with a recorded Mills Act Contract is sold, the County of San Bernardino will continue to assess the property using the alternate formula and the new owner will be required to fulﬁll the Contractual Preservation Agreement. A contract can be “non-renewed” by either party upon written notice. If a contract is cancelled as a result of non- compliance with the conditions of the contract, a cancellation fee of 12.5% of the market value (as of the time of cancellation) is assessed by the County Assessor and shall be paid by the property owner to the County Auditor.

The City has 86 approved Mills Act contracts and one proposed, for a total of 87 Mills Act contracts.

Of the 87 properties, six are commercial, one is multiple-family residential, and 80 are single-family residential. The contract proposed this year is an owner occupied, single-family residence. Property tax impacts are summarized below:

Existing
Proposed
Total
Number of Contracts
86 1
87 Estimated Annual Total Tax Savings to Owners
$171,925
$4,939
$176,864
Estimated Annual Cost to City (first year)
$28,883
$830
$29,713
Estimated Cost to City (over ten years)
$288,834
$8,298
$297,132
The estimated cost of the 87 Mills Act contracts over a ten-year period is $297,132. In exchange for this decrease in property tax revenues, approximately $4,024,120 will be reinvested into historic buildings in Ontario neighborhoods over a ten-year period – a ratio of $13.54 in private funds spent for every dollar the City foregoes in property tax revenue.

The Mills Act Contract is in compliance with the provisions of Article 12 (commencing with Section 50280), Chapter 1, Part 1, Division 1, Title 5 of the Government Code of the State of California, which establishes the Mills Act program. The property is a contributor to a locally designated historic district and, therefore, is a qualified property eligible for a Mills Act contract.

On November 25, 2025, the Historic Preservation Commission voted unanimously (4-0) to recommend City Council approval of the proposed Mills Act contracts.

ENVIRONMENTAL REVIEW:

The application was reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA). Pursuant to Section 21065 of the CEQA Guidelines, the Historic Preservation Agreement (Mills Act Contract) is not considered a project. Therefore, no further environmental review is required. 232
Case Planner: Elly Antuna, Associate Planner Hearing Body Date Decision Action Planning Director
Approval:

HPSC 10/08/25 Approval Recommend
HPC 11/25/25 Recommend
Submittal Date: 07/10/2025 CC 12/16/25 Final
F
ILE NO: PHP25-015
SU
BJECT: A request for a Mills Act Contract (Preservation Agreement) L
OCATION: 214 East Rosewood Court (APN: 1048-062-08)
PR
OPERTY OWNER: Octavio Pinedo
R
ECOMMENDED ACTION: That the Historic Preservation Commission consider and recommend that the City Council approve File No. PHP25-015, pursuant to the facts and reasons contained in the staff report and attached Resolutions. The Historic Preservation Subcommittee reviewed this application on October 8, 2025, and is recommending approval.

B
ACKGROUND: Effective March 7, 1973, Chapter 1442 of the Statutes of 1972 (also known as the Mills Act) added Sections 50280 through 50289 to the Government Code to allow an owner of a qualified historical property to enter a preservation contract with a local government. The City of Ontario established the Mills Act program in 1997 to provide an economic incentive for the preservation of designated historic landmarks and/or contributing structures within a designated historic district. Since inception of the City’s program, 8 6 Mills Act Contracts have been approved and recorded. There is one contract proposed at this time, a single-family residence designated as a Contributor to the Rosewood Court Historic District.

F
or a historic property to be eligible for the program, it must meet the requirements outlined in the guidelines and standards set by the State of California, Board of Equalization, and the Ontario Development Code (Sec tion 4.02.065). The historic property must be either a local, state, or nationally designated property or a contributor within a locally designated historic district whereby the property owner agrees to certain improvements to restore, rehabilitate, or preserv e a qualified historic building. In exchange, the San Bernardino County Tax Assessor reassesses the property’s value based on an alternative formula that may result in a significant reduction in the owner’s property taxes.

P
ursuant to State law, a Mills Act Contract is recorded on the property and is a perpetual 10-year contract that automatically renews annually, unless the property owner or the City requests notice of non -renewal. The Mills Act Contract and all benefits an d 303 East B Street, Ontario, California 91764/Phone: 909.395.2036/Email: [email protected]

HISTORIC PRESERVATION COMMISSION

AGENDA REPORT
November 25, 2025
Approval
233
Historic Preservation Commission Agenda Report
File No.: PHP25-015
November 25, 2025

Page 2 of 5 ends

Ontario City CouncilDecember 16, 2025

Ontario City Council
December 16, 2025