Agenda packet — Ontario City Council, March 17, 2026 (part 1 of 8)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
MARCH 17, 2026
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 Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ACCOMMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 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)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

Nicole Brown v. City of Ontario and Ernest Thomas Diaz, San Bernardino Central Court, County of San Bernardino, Case No. CIV SB 2326872
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN’s: 1049-131-05 and 1049-131-06; 932-936 East Holt Boulevard; City/Authority CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 ATTACHMENT: 20260317 Closed Session
negotiator: Scott Ochoa or his designee; Negotiating parties: PS Southern California One, LLC; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN: 0110-061-10; 1201 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Crossroads Ontario LLC; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN: 0110-061-21; 1217-1227 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 1217 Holt LLC; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APNs: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76, 0110-321-772350-2630 E.

Inland Empire Boulevard; City/Authority negotiator: City Manager or his designee; Negotiating parties: Ikea Property, Inc; Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Council Member Porada

INVOCATION
Pastor Gresford Thomas, Ontario Seventh Day Adventist

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

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

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

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 1. APPROVAL OF MINUTES
ATTACHMENT: 20260217 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. A CONSTRUCTION CONTRACT WITH ELECNOR BELCO ELECTRIC, INC., FOR THE PEDESTRIAN HYBRID BEACON AT GROVE AVENUE AND ST. ANDREWS STREET ATTACHMENT: Bid Protest
ATTACHMENT: 02 - Contract.pdf

4. A DESIGN SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC., FOR

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 February 17, 2026, and approving same as on file in the Records Management Department.

Bills February 6, 2026 through February 26, 2026, and Payroll January 25, 2026 through February 7, 2026.

That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute a Construction Contract with Elecnor Belco Electric, Inc., of Chino, California, for the construction of the Pedestrian Hybrid Beacon at Grove Avenue and St. Andrews Street in the amount of $439,542 plus a 10% contingency of $43,954 for a total not-to-exceed contract amount of $483,496; 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 be 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.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ENVIRONMENTAL AND ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 60/

EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS PROJECT
ATTACHMENT: 02 - Michael Baker International, Inc. - SR60 Euclid DSA.pdf

5. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FCG CONSULTANTS, INC., FOR CONSTRUCTION MANAGEMENT, INSPECTION, GEOTECHNICAL TESTING, AND

PUBLIC OUTREACH SERVICES FOR THE SAN ANTONIO STORM DRAIN PROJECT ATTACHMENT: 02 - FCG Consultants, Inc. - Amdt No. 2.pdf ATTACHMENT: Exhibit_A-Location_Map.pdf

6. A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. FOR EMERGENCY ON-CALL BOARD UPS AND ABATEMENT
ATTACHMENT: Updated Rates 1.14.26.pdf
ATTACHMENT: SLS Prop Solution_Change Order 3.pdf

7. APPROVAL TO SUBMIT ESTABLISHMENT DOCUMENTS TO CREATE THE ONTARIO

COMMUNITY AND YOUTH FOUNDATION, A CALIFORNIA NONPROFIT PUBLIC BENEFIT

CORPORATION
That the City Council authorize the City Manager, or his designee, to execute a Design Services Agreement with Michael Baker International, Inc., of Ontario, California, to provide environmental and engineering design services for the State Route 60/Euclid Avenue Interchange Phased Improvements Project for a total not-to-exceed contract amount of $1,799,766.

That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with FCG Consultants, Inc., of Yorba Linda, California, to provide construction management, inspection, geotechnical testing, and public outreach services for the San Antonio Storm Drain Project in the amount of $1,988,250 for a total not-to-exceed contract amount of $2,588,250, and extend the contract for an additional one-year term; 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 Change Order #3 to the construction agreement with SLS Property Solutions Inc. of Santa Ana, CA for emergency board ups and abatements, extending the term of the agreement by one additional year and increasing the total not-to-exceed amount to $700,000 for the term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within authorization limits.

That the City Council authorize the City Manager and City Attorney, or their designees, to execute and file the Articles of Incorporation and Bylaws for the Ontario Community and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 ATTACHMENT: Ontario Community and Youth Foundation - Articles of Incorporationc2 ATTACHMENT: Ontario Community and Youth Foundation - Bylaws-c3.pdf

8. AN ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT BETWEEN THE STATE OF

CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION AND

THE CITY OF ONTARIO
ATTACHMENT: EDM Agreement_0001.pdf

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GEORGE HILLS COMPANY, INC. FOR THIRD-PARTY ADMINISTRATION SERVICES FOR LIABILITY CLAIMS ATTACHMENT: Amendment No. 1_George Hills Company, Inc._.pdf

10. ADOPTION OF AN ORDINANCE ADDING CHAPTER 34 (FLAVORED TOBACCO; NITROUS OXIDE) TO TITLE 5 (PUBLIC WELFARE, MORALS AND CONDUCT) OF THE ONTARIO

MUNICIPAL CODE, PROHIBITING THE SALE OF FLAVORED TOBACCO AND NITROUS OXIDE

WITHIN THE CITY
ATTACHMENT: Flavored Tobacco Nitrous Oxide Kratom Ordinance Update_RM

11. PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL AUDIT AND ACCOUNTING

COMPLIANCE SERVICES
Youth Foundation, a nonprofit public benefit corporation, and authorize the completion, execution, and filing of all documents necessary to establish the organization as a tax-exempt entity under State and federal law.

That the City Council authorize the City Manager or his designee to execute an Encampment Delegated Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans) to specific maintenance functions.

That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with George Hills Company, Inc. of Rocklin, California, for third-party administration services for liability claims, extend the term by two years, and increase compensation by $371,567, for a total not-to-exceed amount of $850,315.

That the City Council adopt an Ordinance prohibiting the sale of flavored tobacco, oil burners, nitrous oxide, and certain kratom products within the City.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 34 (FLAVORED TOBACCO; NITROUS OXIDE) TO TITLE 5 (PUBLIC WELFARE, MORALS

AND CONDUCT) OF THE ONTARIO MUNICIPAL CODE, PROHIBITING THE SALE OF FLAVORED

TOBACCO, NITROUS OXIDE, AND KRATOM PRODUCTS WITHIN THE CITY, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA.

That the City Council authorize the City Manager or designee to execute a three year professional services agreement with the accounting firm CliftonLarsonAllen LLP of Irvine, California for $447,740 to perform annual auditing and accounting compliance services for the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT: 2026 CLA - Professional Service Agreement

12. A GOODS AND SERVICES AGREEMENT WITH RANCHO PACIFIC ELECTRIC CONSTRUCTION, INC., FOR THE ELECTRICAL SWITCH GEAR AT THE ONTARIO PROFESSIONAL BASEBALL

STADIUM FLIGHT TOWER RESTAURANT PROJECT
ATTACHMENT: Rancho Pacific Electric Inc - Goods and Services Agreement.pdf

13. A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ONTARIO AND IKEA PROPERTY INC.

14. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-009) BETWEEN THE CITY OF ONTARIO AND WEST HAVEN 27, LLC.

City of Ontario, the Ontario Housing Authority, and the Successor Agency of the former Redevelopment Agency; and authorize extension of the agreement for up to two additional years subject to City Council approved budgets. If the City chooses to extend the contract for the additional fiscal years, the total compensation shall not exceed $768,480.

That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute a Goods and Services Agreement with Rancho Pacific Electric Construction, Inc., of Rancho Cucamonga, California, for the procurement of electrical switch gear at the Ontario Professional Baseball Stadium Flight Tower Restaurant Project D&C25-004 in the amount of $408,900, plus a 10% contingency of $40,890, for a total not-to-exceed contract amount of $449,790; 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, 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 approve a Purchase and Sale Agreement (On file in the Records Management Department) for the property located at 2350-2630 East Inland Empire Boulevard in the City of Ontario and authorize the City Manager to execute all other documents required for implementation of the Agreement.

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.

That the City Council introduce and waive further reading of an Ordinance Approving a Development Agreement (File No. PDA21-009) between the City of Ontario and West Haven 27, LLC.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ATTACHMENT: File No. PDA21-009_West Haven 27 LLC_01_EXH A&B.pdf ATTACHMENT: 20260317 File No. PDA21-009_ PC Back-up.pdf ATTACHMENT: File No. PDA21-009 West Haven 27 LLC 02 RM (1) ATTACHMENT: File No. PDA21-009_West Haven 27 LLC_03_DEV_AGR.doc

15. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA25-005) BETWEEN THE CITY OF ONTARIO,

LEGACY LAND PARTNERS, LLC, AND RICHLAND ONTARIO DEVELOPERS, LLC ATTACHMENT: File No. PDA25-005_Richland Ontario Developers_01_EXH A&B.pdf ATTACHMENT: 20260317 File No. PDA25-005 PC Back-up.pdf
ATTACHMENT: File_No._PDA25-005_Richland_Ontario_Developers_LLC_02_RM.docx ATTACHMENT: File No. PDA25-005_Richland Ontario Developers LLC_03_DEV_AGR.docx

16. A PUBLIC HEARING TO CONSIDER CERTIFYING THE CENTERPARK SPECIFIC PLAN FINAL

FOCUSED ENVIRONMENTAL IMPACT REPORT, AND TO CONSIDER APPROVAL OF THE CENTERPARK SPECIFIC PLAN (FILE NO. PSP24-002)

AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA21-009, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND WEST HAVEN 27, LLC TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20696 (FILE NO. PMTT24-003), LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN PLANNING AREA 1 OF THE WEST HAVEN SPECIFIC PLAN (APN: 0218-151-48).

That the City Council introduce and waive further reading of an Ordinance Approving a Development Agreement (File No. PDA25-005) between the City of Ontario, Legacy Land Partners, LLC, and Richland Ontario Developers, LLC.

AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA25-005, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

ONTARIO, LEGACY LAND PARTNERS LLC, AND RICHLAND ONTARIO DEVELOPERS LLC TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP NO. 20792 (FILE NO. PMTT24-001), LOCATED ON THE SOUTHWEST CORNER OF ONTARIO RANCH ROAD AND MILL CREEK AVENUE WITHIN PLANNING AREA 5B OF THE RICH HAVEN SPECIFIC PLAN (APN: 0218-211-43).

That the City Council take the following actions:

A. Consider and adopt a Resolution certifying the Final Focused Environmental Impact Report (State Clearinghouse No. 2025060731) prepared for the CenterPark Specific Plan (File No. PSP24-002), and adopting and approving a Mitigation Monitoring and Reporting Program, California Environmental Quality Act ("CEQA") Findings, and a Statement of Overriding Considerations.

B. Introduce and waive further reading of an Ordinance approving the CenterPark Specific Plan (File No. PSP24-002), appended to the attached Ordinance as "Attachment A", CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: 20260317 File No. PSP24-002 CC_01 PC Back-up.pdf ATTACHMENT: 20260317_File_No._PSP24-002_CC_02_FEIR_Reso_RM.docx ATTACHMENT: 20260317 File No. PSP24-002 CC_03 CenterPark Final EIR.pdf ATTACHMENT: 20260317 File No. PSP24-002 CC_04 CenterPark SP_MMRP.pdf ATTACHMENT: 20260317 File No. PSP24-002 CC_05 CenterPark FEIR Appendices Memo.docx
ATTACHMENT: 20260317_File_No._PSP24-002_CC_06_SP_Ord_RM.docx ATTACHMENT: 20260317 File No. PSP24-002 CC_07 CenterPark Specific Plan.pdf ATTACHMENT: 20260317 File No. PSP24-002 CC_08 SP COA.pdf

17. JAY LITTLETON BALL PARK
pursuant to the facts and reasons contained in the staff report and subject to the conditions of approval appended to the attached Ordinance as "Attachment B".

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT CERTIFYING THE CENTERPARK SPEFIC PLAN FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2025060731),

ADOPTING CEQA FINDINGS, STATEMENTS OF OVERRIDING CONSIDERATIONS AND A

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CENTERPARK SPECIFIC PLAN,

LOCATED WITHIN THE SOUTHWESTERN PORTION OF THE CITY OF ONTARIO BOUNDED BY A SOUTHERN CALIFORNIA EDISON EASEMENT LOCATED APPROXIMATELY 330 FEET NORTH OF

EDISON AVENUE, WALKER AVENUE ON THE EAST, EUCALYPTUS AVENUE ON THE SOUTH,

CAMPUS AVENUE ON THE WEST, AND BISECTED BY EDISON AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1053-301-01, -02; 1053-311-01, -02, 1053-321-01, -02, -03; 1053- 331-01, -02, -03, -04; 1053-341-01, -02; 1053-351-01, -02; 1053-361-01, -02, -03; 1053-371-01, - 02; 0216-311-01,-02, -09; 0216-321-03, -08; 0216-322-03, -04, -10.

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

PURSUANT TO THE CERTIFIED FOCUSED ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2025060731) FOR THE CENTERPARK SPECIFIC PLAN, THE CENTERPARK SPECIFIC PLAN (FILE NO. PSP24-002), TO ESTABLISH THE LAND USE DISTRICTS, DEVELOPMENT

STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 4,293 RESIDENTIAL DWELLING UNITS, 115,809 SQUARE FEET OF RETAIL USES, 135,110 SQUARE FEET OF OFFICE USES, AND 68 ACRES OF OPEN SPACE (PARKLAND/NON-RECREATIONAL USES) ON APPROXIMATELY 258 ACRES OF LAND AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 1053-301-01, -02, 1053-311-01, -02, 1053- 321-01, -02, -03, 1053-331-01, -02, -03, -04, 1053-341-01, -02; 1053-351-01, -02, 1053-361-01, - 02, -03, 1053-371-01, -02, 0216-311-01, -02, -09, 0216-321-03, -08, 0216-322-03, -04, -10.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council give direction regarding the recommended conceptual plan for Jay Littleton Ball Park and review corresponding reports.

STAFF MATTERS
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 City Manager Ochoa

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

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10 1 of 3

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) March 17, 2026
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

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

Nicole Brown v. City of Ontario and Ernest Thomas Diaz, San Bernardino Central Court, County of San Bernardino, Case No. CIV SB 2326872
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN’s: 1049-131-05 and 1049-131-06; 932-936 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: PS Southern California One, LLC; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 11 2 of 3

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) March 17, 2026
(Continued)
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN: 0110-061-10; 1201 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Crossroads Ontario LLC; Under negotiation:

Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN: 0110-061-21; 1217-1227 East Holt Boulevard; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: 1217 Holt LLC; Under negotiation:

Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 12 3 of 3

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) March 17, 2026
(Continued)
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

Property: APNs: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76, 0110-321- 772350-2630 E. Inland Empire Boulevard; City/Authority negotiator: City Manager or his designee; Negotiating parties: Ikea Property, Inc; Under negotiation: Price and terms of payment.

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

ONTARIO HOUSING AUTHORITY

MINUTES
FEBRUARY 17, 2026
(Not Official Until Approved)
No
t Official UApproved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, February 17, 2026, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:02 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 the Ontario Police Department Honor Guard.

INVOCATION
Invocation was led by Pastor Brian Kennedy from Mt. Zion Church.

SPECIAL CEREMONY
Ontario Police Chief Retirement Ceremony
The City Council recognized outgoing Police Chief Mike Lorenz.

Public Comments:

Anthony Moreno recognized Chief Lorenz on behalf of Senator Susan Rubio’s office.

District Attorney Jason Anderson congratulated Chief Lorenz on his accomplishments. 14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – February 17, 2026

Page 2 of 9 ends

The City Council presented the outgoing Chief with a certificate of recognition. Chief Lorenz offered remarks reflecting on his service and expressed gratitude for the recognition.

Mayor Leon called a recess at 6:29 p.m. and reconvened at 6:46 p.m.

PUBLIC COMMENT
Assistant City Clerk Isbell announced written communications:

Dennis Kubanis, regarding Jay Littleton Ballpark.

Mel Hagen, regarding Jay Littleton Ballpark.

Mel B., regarding Jay Littleton Ballpark.

Martha Lopez, regarding Jay Littleton Ballpark.

Julian Higgins, regarding Jay Littleton Ballpark.

Hilda Ambriz, regarding Jay Littleton Ballpark.

Fawne Soto, regarding Jay Littleton Ballpark.

Elizabeth Filadelfia, regarding Jay Littleton Ballpark.

Meena Duguay, regarding Jay Littleton Ballpark.

Salina Canales, regarding Jay Littleton Ballpark.

Brian Monnich, regarding Jay Littleton Ballpark.

Valerie Merancio, regarding Jay Littleton Ballpark.

Brad Neumann, regarding a personal claim.

Mayor Leon called upon the speakers:

Dale Roberts, spoke of his interactions with the Police Department.

Ken Braithwaite, spoke regarding Jay Littleton Ballpark.

Gloria Jones, spoke regarding Jay Littleton Ballpark.

Chris Robles, spoke regarding Jay Littleton Ballpark.

Kizzee, spoke on Grove Plaza community improvement concerns and restoring Jay Littleton Ballpark.

Charlene Littleton, spoke regarding Jay Littlteton Ballpark.

Joe Vlietstra, spoke regarding the preservation of the Scout House on Grove and Fourth Street.

David Austin, spoke regarding the preservation of the Scout House on Grove and Fourth Street.

Monica Ibarra, spoke on Grove Plaza community improvement and safety concerns Council Member Macias left the chamber at 7:10 p.m. and returned to the dais at 7:13 p.m.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.

City Attorney Duran announced the salary information for Agenda Item No. 15, a Resolution proposing a base salary range EX 10 for the incoming Police Chief between 15 Ontario City Council/Ontario Housing Authority
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approximately $26,201.07 and $34,845.20, management incentive pay of approximately $1,637.57 to $2,177.83, for a total salary between approximately $27,838.64 and $37,023.03 per month, with fringe benefits of approximately $5,586.54 and $6,278.07 per month.

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

1. BILLS & PAYROLL
Approved Bills January 16, 2026, through January 29, 2026, in the amount of $73,659,632.37, and Payroll December 28, 2025 through January 10, 2026, in the amount of $6,110,459.39.

2. A CONSTRUCTION CONTRACT WITH HARDY & HARPER, INC. FOR THE 2026

SPRING CDBG PAVEMENT REHABILITATION PROJECT
The City Council authorized the City Manager, or his designee, to execute a construction contract with Hardy & Harper, Inc., of Lake Forest, California, for the 2026 Spring CDBG Pavement Rehabilitation Project in the amount of $1,399,000, plus a 10% contingency of $139,900 for a total not-to-exceed contract amount of $1,538,900; and to execute all documents required for the completion of the project, which may include, but is not limited to agreements, assessments, easements, reduction of retention accounts, contracts, amendments within authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

3. A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA25-003, REVISING

AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE
The City Council adopted 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. Introduction and first reading took place at the regular meeting of December 16, 2025.

ORDINANCE NO. 3322 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 16 Ontario City Council/Ontario Housing Authority
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(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.

4. AN UPDATED LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND

CONFIRE JOINT POWERS AUTHORITY FOR INITIAL CAPITAL FUNDING TO

ESTABLISH AMBULANCE SERVICING
The City Council authorized the City Manager or his designee to execute all documents related to the Loan Agreement between the City of Ontario and CONFIRE Joint Powers Authority in the amount of $20,000,000.

5. PROFESSIONAL SERVICE AGREEMENTS FOR ON-CALL ARCHITECTURAL

SERVICES
The City Council authorized the City Manager, or designee, to execute three-year On-Call Professional Services Agreements with five firms specializing in providing consulting services related to architecture and historic preservation; and authorize the City Manager, or designee, the option to extend the agreements for up to two additional one-year periods. In no event shall the proposed agreements with each firm exceed $500,000 over a five-year period.

6. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council took the following actions:

A. Authorized the sole source purchase and delivery of three EV Mack Automated Refuse Trucks with EV Chargers for the Integrated Waste Department for a total not-to-exceed amount of $2,297,513 from Tec Equipment of La Mirada, California. Tec Equipment was the sole vendor that was able to provide a compliant BABA (Build America Buy America) refuse truck; and B. Authorized the cooperative purchase and delivery of two Ford F-650 Bin Cleaning Trucks for the Integrated Waste Department for a total not-to-exceed amount of $627,542 from PB Loader of Fresno, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No.050625-PBL.

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SPORTS FACILITIES COMPANIES, INC. FOR CONSULTING SERVICES City Council authorized the City Manager or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Sports Facilities Companies, Inc. of Clearwater, Florida, for consulting services and site activation for the Ontario Sports Empire; in the amount of $1,023,076 for a total not-to-exceed contract amount of $1,802,176.

8. FY 2025-26 MID-YEAR BUDGET UPDATE
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The City Council took the following actions:

A. Approved the budget adjustments and recommendations as presented in the Fiscal Year 2025-26 Mid-Year Budget Update Report (Exhibit A); B. Adopted a Resolution amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities; and
C. Adopted a Reimbursement Resolution making a declaration of intent when issuing tax-exempt obligations for the City's public capital improvements RESOLUTION NO. 2026-009 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR THE INVESTMENT OF

INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE

CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2025-171
RESOLUTION NO. 2026-010 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2025-172.

RESOLUTION NO. 2026-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAXEXEMPT OBLIGATIONS.

9. APPROVAL OF THE MAINTENANCE SERVICES AGREEMENT AND SOLE

SOURCE PURCHASE FOR EPOXY FLOORING WITH CENTIMARK
The City Council authorized the City Manager or his designee to execute all documents necessary for the Agreement and Sole Source purchase for epoxy flooring in the amount of $150,000 from CentiMark Corporation out of Canonsburg, Pennsylvania with a not-to-exceed amount of $224,930.

10. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR LEGAL

AND TECHNICAL SERVICES PERTAINING TO WATER MATTERS
The City Council authorized the City Manager, or designee, to execute Amendment No. 4 to the Professional Services Agreement with Stoel Rives LLP of Sacramento, California for legal and technical services relating to water supply and water rights in the amount of $570,000 for a total not-to-exceed amount of $1,404,000, and a term from July 1, 2025 to June 30, 2027.

11. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH 18 Ontario City Council/Ontario Housing Authority
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RAFTELIS FINANCIAL CONSULTING INC. FOR WATER AND SEWER

FINANCIAL COST ANALYSES
The City Council authorized the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants Inc. of Los Angeles, California, for Water and Sewer Financial Cost Analyses and Rate Study Services in the amount of $160,845 for a new total revised not-to-exceed amount of $215,920 and a term from February 1, 2026 to January 31, 2028.

12. ADOPTION OF AN ORDINANCE APPROVING MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

The City Council adopted an Ordinance adopting a Military Equipment Use Policy.

Introduction and first reading took place at the regular meeting of February 3, 2026.

ORDINANCE NO. 3327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET. SEQ.

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

WILLDAN ENGINEERING FOR BUILDING PLAN CHECK SERVICES
The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Willdan Engineering for Building Plan Check Services, increasing the contract amount by $1,585,000 for a total not to exceed amount of $4,085,000.

14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

BPR CONSULTING GROUP, LLC FOR BUILDING PLAN CHECK SERVICES The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with BPR Consulting Group, LLC for building plan check services, increasing the contract amount by $1,750,000 for a total not to exceed amount of $4,250,000.

15. ADOPTION OF A RESOLUTION TO CONFIRM THE APPOINTMENT OF A NEW

POLICE CHIEF
The City Council adopted a Resolution confirming the appointment of a new Police Chief at a salary within the range consistent with EX 10.

RESOLUTION NO. 2026-012 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, TO CONFIRM THE APPOINTMENT OF POLICE CHIEF.
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PUBLIC HEARINGS

16. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA26-001, REVISING AND CLARIFYING CERTAIN PROVISIONS

OF THE CITY OF ONTARIO DEVELOPMENT CODE
The City Council introduced and waived further reading of an Ordinance approving File No. PDCA26-001, a Development Code Amendment revising and clarifying certain provisions of Chapter 5.0 (Zoning and Land Use) of the City of Ontario Development Code.

ORDINANCE NO. 3328 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDCA26-001, A DEVELOPMENT CODE AMENDMENT REVISING AND
CLARIFYING CERTAIN PROVISIONS OF CHAPTER 5.0 (ZONING AND LAND

USE) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

City Clerk Mautz announced one written communication from Lory Masonis, with questions.

Mayor Leon inquired whether persons were present who wished to speak 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 Bowman and carried by a unanimous vote of 5-0, to introduce Ordinance No. 3328.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

17. RESOLUTIONS WITHDRAWING TWO REFERENDUM MEASURES AND CANCELLING THE JUNE 2, 2026 SPECIAL MUNICIPAL ELECTION
The City Council adopted Resolutions to withdraw two referendum measures from the June 2, 2026, Special Municipal Election ballot and to cancel the election for the measures.

RESOLUTION NO. 2026-013 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, WITHDRAWING A QUALIFIED REFERENDUM

MEASURE (PROTESTING THE DIVERSIFIED PACIFIC DEVELOPMENT

AGREEMENT) FROM AND CANCELLING THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 2026.

RESOLUTION NO. 2026-014 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, WITHDRAWING A QUALIFIED REFERENDUM

MEASURE (PROTESTING THE EMPIRE GROVES SPECIFIC PLAN) FROM AND

CANCELLING THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 2026.
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Mayor Leon called on City Manager Ochoa to provide an overview of the item, there were no written communications.

Mayor Leon opened the item for Council discussion and Council discussed before coming to a consensus.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote of 5-0, to adopt Resolution Nos. 2026-013 and 2026- 014.

STAFF MATTERS
City Manager Ochoa had no updates.

COUNCIL MATTERS
Council Member Porada announced the upcoming Ontario Heritage Golf Tournament and Symphony Orchestra Concert.

Mayor pro Tem Wapner congratulated incoming Police Chief Rudy Lopez.

Council Member Macias had no comments.

Council Member Bowman had no comments.

Mayor Leon noted Staff would properly notice when the comprehensive report on Jay Littleton Ballpark was ready.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:30 p.m.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
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APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
22 Department: Public Works
Prepared By: Guillermo Perez
Department: Public Works
Prepared By: Jay Bautista
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Jacqueline
Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: A CONSTRUCTION CONTRACT WITH ELECNOR BELCO ELECTRIC, INC., FOR THE PEDESTRIAN HYBRID BEACON AT GROVE AVENUE AND ST. ANDREWS STREET

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The recommended Construction Contract with Elecnor Belco Electric, Inc., is in the amount of $439,542, plus a 10% contingency of $43,954, for a total not-to-exceed contract amount of $483,496. If approved, additional appropriations in the Road Maintenance and Rehabilitation Account (RMRA-SB1) Fund will be included in future quarterly budget updates to the City Council for the Pedestrian Hybrid Beacon at Grove Avenue and St. Andrews Street.

BACKGROUND & ANALYSIS: The general scope of work to be performed under this Construction Contract consists of, but is not limited to, the construction of traffic signal poles, foundations, 23 conductors, conduits, and signing and striping, as necessary to complete the installation of a new Pedestrian Hybrid Beacon Signal at Grove Avenue and St. Andrews Street. The project will improve overall pedestrian access, enhance pedestrian safety, and provide a higher level of traffic control.

In December 2025, nine bids were received for Bid No. 1969 Construction of Pedestrian Hybrid Beacon at Grove Avenue and St. Andrews Street (TR2501). The bid results are listed below:

VENDOR LOCATION AMOUNT
Estate Design and
Construction
Culver City, California $ 339,300
Elecnor Belco Electric, Inc. Chino, California $ 439,542 PTM General Engineering
Service Inc.

Riverside, California $ 459,841
Baker Electric & Renewable
LLC
Escondido, California $ 475,474
High - Light Electric, Inc. Riverside, California $ 485,555 DBX, Inc. Temecula, California $ 487,110
California Professional
Engineering Inc.

La Puente, California $ 494,849
Select Electric Inc. Anaheim, California $ 514,947
Garcon Construction Ontario, California $ 600,400
Elecnor Belco Electric, Inc., of Chino, California, is the apparent second lowest bidder that met all the required specifications with a base cost of $439,542. Based on credentials, staff recommends awarding a Construction Contract to Elecnor Belco Electric, Inc., for the Pedestrian Hybrid Beacon Signal at Grove Avenue and St. Andrews Street.

Staff recommends that the City Council reject the low bid submitted by Estate Design and Construction as non-responsible due to insufficient demonstrated experience with projects of similar scope and complexity. The City provided the bidder an opportunity to submit documentation supporting its qualifications and relevant experience, and the bidder’s response is included with this report. Upon review, City staff determined that the experience presented is not sufficiently comparable to the work required under this contract and does not adequately demonstrate the firm’s ability to satisfactorily perform the project.

ENVIRONMENTAL ANALYSIS: The environmental impacts of this project were reviewed and staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency's determination. 24 25
26 27
28 TR2501 – Pedestrian Hybrid Beacon 1 SECTION 00750 – SPECIAL CONDITIONS SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract is entered as of ____________, in the County of San Bernardino, State of California, by and between City of Ontario, hereinafter called the “City” and Elecnor Belco Electric, Inc., hereinafter called “Contractor.” The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK.

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

CONSTRUCTION OF PEDESTRIAN HYBRID BEACON AT GROVE

AVENUE AND SAINT ANDREWS STREET
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 90 calendar days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. 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 Four Hundred Thirty-Nine Thousand Five Hundred and Forty-Two Dollars ($439,542), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

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
29 TR2501 – Pedestrian Hybrid Beacon 2 SECTION 00750 – SPECIAL CONDITIONS ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and everyday 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 $3,500 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event 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 Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

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

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

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

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation form Bid Bond
List of Subcontractors form
Contractor Information and Experience Form
Non-Collusion Declaration form
Public Works Contractor Registration Certification form Iran Contracting Act Certification form
Fleet Compliance Certification form
Contract
Performance Bond
Payment Bond
Environmental documents and approvals (If Applicable)
General Conditions
Special Conditions
30 TR2501 – Pedestrian Hybrid Beacon 3 SECTION 00750 – SPECIAL CONDITIONS Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
Technical Specifications
Addenda (If Applicable)
Plans and Drawings
Approved and fully executed Change Orders
Applicable Local Agency Standards and Specifications, as last revised Federal Requirements (If Applicable)
Any other documents contained in or incorporated into the Contract 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. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
31 TR2501 – Pedestrian Hybrid Beacon 4 SECTION 00750 – SPECIAL CONDITIONS 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
ELECNOR BELCO ELECTRIC, Inc.

By:

Its:

Printed Name:

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
32 Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Jacqueline
Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT: A DESIGN SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC.,

FOR ENVIRONMENTAL AND ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 60/ EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute a Design Services Agreement with Michael Baker International, Inc., of Ontario, California, to provide environmental and engineering design services for the State Route 60/Euclid Avenue Interchange Phased Improvements Project for a total not-to-exceed contract amount of $1,799,766.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The recommended Design Services Agreement with Michael Baker International, Inc., is in the amount of $1,799,766. Of this total, $998,870 (55.5%) will be reimbursed by the San Bernardino County Transportation Authority’s (SBCTA) Measure I San Bernardino Valley Freeway Interchange Program for eligible environmental and design phase costs. The remaining $800,896 (44.5%) represents the City’s required local match and will be funded from the Ontario Ranch - Regional Streets and Capital Projects Funds. If approved, additional appropriations will be included in future quarterly budget updates to the City Council as needed for the State Route 60/Euclid Avenue Project.

BACKGROUND & ANALYSIS: The general scope of work to be performed under this Design Services Agreement consists of providing environmental and engineering design services for the State Route 60/Euclid Avenue Interchange Phased Improvements Project. The project includes adding northbound dual left-turn lanes at the westbound on-ramps and southbound dual left-turn lanes at the eastbound on-ramps. These improvements will be completed in two phases. Phase 1 will involve extending the existing northbound and southbound single left-turn pockets. Phase 2 will include full implementation of the northbound and southbound dual left-turn lanes, along with associated improvements to the westbound and eastbound on-ramps. The project is intended to 33 improve traffic operations, increase roadway capacity, and enhance overall safety at the interchange.

On December 17, 2025, the City received three qualified proposals in response to Request for Proposals (RFP) No. 1957 for Environmental and Engineering Design Services for the State Route 60/Euclid Avenue Interchange Phased Improvements Project. The proposal results are listed below:

VENDOR LOCATION PROPOSED FEE PROPOSAL SCORE
EXP U.S. Services, Inc. Riverside, CA $1,868,186 142
Michael Baker International,
Inc.

Ontario, CA $1,799,765 152
MNS Engineers, Inc. Riverside, CA $1,394,834 57
A review team consisting of Engineering Department Staff reviewed the proposals, scored the candidates, and made their recommendations based upon qualifications, understanding of the City’s needs, history of completing similar projects, and criteria specified in the RFP.

Of the three consultants, the following two scored the highest and were selected to participate in interviews on January 22, 2026: EXP U.S. Services, Inc. and Michael Baker International, Inc.

After careful evaluation of the written proposals and interviews, Michael Baker International, Inc., of Ontario, California, was determined to be the best overall qualified respondent. The firm demonstrated a broad range of expertise through the successful delivery of similar projects for nearby municipal agencies, as well as strong technical proficiency, a proactive approach to risk management, and extensive familiarity with interchange improvements and coordination with Caltrans District 8.

If approved, Michael Baker International, Inc., will prepare the required Environmental Document, and Plans, Specifications and Estimates (PS&E) for Phase 1 and Phase 2 of the Project. The scope will also include obtaining Caltrans approval for the work impacting the State right-of-way, utility coordination and relocation and completion of all required analyses. 34 46700.00100\40935196.1
BB&K (2024) -1-

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”), and Michael Baker International, Inc., a Corporation with its principal place of business at 3536 Concours St., Suite 100, Ontario, California 91764 (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 Environmental and Engineering Design Services for the State Route 60/Euclid Avenue Interchange Phased Improvements ("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 (hereinafter referred to as “Services”). The Services are more particularly described throughout 35 46700.00100\40935196.1
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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.

3.1.2 Term. The term of this Agreement shall be from March 17, 2026 to March 17, 2029, 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.

3.2 Project Consultant; Key Personnel.

3.2.1 Engineer of Record. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Danny Walden, P.E. (License No. C82536) 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: Lonnie Druliner, P.E. Octavio Hernandez, P.E., T.E.

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 to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
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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 defend, 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 all 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 interpretations 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 limitation, all applicable provisions of the City’s ordinances 38 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 the 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 nonperforming Party shall, within fifteen (15) calendar days of the beginning of an Force Majeure Event, 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 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 Agreement). 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 extension. 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 Additional 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 40 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 41 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 Tricia Maruki, P.E., 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 One Million Seven Hundred Ninety-Nine Thousand Seven Hundred Sixty-Six Dollars and 00/100 ($1,799,766.00) (“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. 42 46700.00100\40935196.1
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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 “B” 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 costs 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, percentage 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 appropriate, 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 located 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 43 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 caused 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 City 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 at 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 Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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 44 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 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 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 transfers, unless otherwise agreed upon by both Parties in writing.

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

3.11 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 45 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 Agreement 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 Agreement, 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 Documents”) 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 five (5) years following completion of the Project or the date of final payment, whichever occurs last, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this 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 46 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 designs, 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 Project 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, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable 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 47 46700.00100\40935196.1
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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 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.15 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 State 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 and 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 coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and 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. 50 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 representative 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 qualified 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 with 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 insurance 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 approve 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 building 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 asbestos 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:

CITY:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Tricia, Maruki, Engineering Department
CONSULTANT:

Michael Baker International, Inc.
3536 Concours St., Suite 100
Ontario, CA 91764
Attn: Danny Walden, P.E.
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 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.

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 55 46700.00100\40935196.1
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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 MICHAEL BAKER INTERNATIONAL, INC.

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

CITY OF ONTARIO MICHAEL BAKER INTERNATIONAL, 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
57 46700.00100\40935196.1
BB&K (2024) Exhibit A-1
EXHIBIT “A”

SCOPE OF SERVICES

PROJECT DESCRIPTION
The City of Ontario is requesting proposals from qualified professional engineering firms to provide environmental and engineering design services for improvements to the State Route 60 (SR-60)/Euclid Avenue Interchange. The Project includes adding northbound dual left turn lanes at the westbound ramps and southbound dual left turn lanes at the eastbound ramps. The overall project design will be executed in two (2) phases, which will be initiated concurrently, with construction of Phase 1 anticipated to commence first.

Phase 1 will involve the extension of the existing northbound and southbound single left turn pockets. Phase 1 will include preparing plans, specifications and engineer’s estimate (PS&E); obtaining a Caltrans encroachment permit; utility relocation/coordination; and construction support.

Phase 2 will involve full implementation of the northbound and southbound dual left turn lanes and any associated improvements to the westbound and eastbound on-ramps. Phase 2 will include preparing the Environmental Document with any necessary analysis/studies; preparing plans, specifications and engineer’s estimate (PS&E); obtaining Caltrans approval (anticipating DEER QMAP), including any design exceptions; utility relocation/coordination; and construction support.

SR-60 is an east-west transportation route and freight corridor within Los Angeles, San Bernardino and Riverside counties. It connects the Los Angeles metropolitan area with southwest San Bernardino and northwest Riverside counties. The west terminus is located at its junction with I-10 in Los Angeles. Its east terminus is located at the junction with I-10 in Beaumont. It is also a Surface Transportation Assistance Act (STAA) Route for use by oversized trucks. The segment of SR-60 within the Project limit is a divided ten-lane freeway. It has four mixed-flow lanes and one High Occupancy Vehicle (HOV) lane in each direction. Based on Caltrans 2023 Traffic Data, the annual average daily traffic (AADT) volume to the west of the interchange is 217,000 and to the east of the interchange is 216,000.

Euclid Avenue is a north-south Principal Arterial and designated Truck Route in the City of Ontario, providing access throughout the City to neighborhoods, commercial hubs, civic services, and regional transportation facilities. Euclid Avenue provides access to existing and future industrial business park land uses between Schaefer Avenue and Merrill Avenue. It also provides access to the Cities of Upland and Chino. Currently, it is a six-lane divided roadway with a raised median, Class II buffered bike lanes, curbs and sidewalks to the south of the interchange and a four-lane divided roadway with a raised median, Class II buffered bike lanes, curbs and sidewalks to the north of the interchange. Existing truck traffic from Euclid Avenue to SR-60 is currently causing congestion issues, with trucks occasionally blocking nearby intersections. As industrial activities increase in the southwestern area of Ontario Ranch, truck traffic is expected to increase. As a result, expanding the capacity at the interchange is necessary to accommodate both current and future demand.

The existing Euclid Avenue undercrossing (UC), PM R4.56, Bridge Number 54-0751, is comprised of westbound (WB) and eastbound (EB) structures built in 1970. There are no proposed impacts or improvements to the Euclid Avenue UC structure by the Project. 58 46700.00100\40935196.1
BB&K (2024) Exhibit A-2
The interchange is currently a Type L-1 compact diamond interchange. The existing entrance ramps are metered single lane facilities. Existing development land use in the immediate vicinity of the westbound on-ramp is low to medium density residential and general commercial.

Existing development land use adjacent to the eastbound on-ramp is a gas station, motel and single family residential.

The Consultant is expected to furnish all services as required to complete the scope of services described below and to manage and control costs and resources, and complete work in adherence to the agreed upon Project schedule. The Consultant will assign a Project Manager who will act as the City’s primary contact and will be entirely responsible for project management activities throughout the duration of the project. The following is a suggested breakdown of Project tasks and should be incorporated into the fee schedule under the appropriate activities.

Consultant shall be aware that certain labor categories may be subject to prevailing wage rates as identified in the California Labor Code commencing Section 1770 et. Seq. Determination of whether or not Prevailing Wages shall apply will be determined when the City’s project manager identifies the scope of specific task orders. Please refer to Paragraph I.10 “Prevailing Wage” of this RFP, and Paragraph 3.10.6 “Prevailing Wages” of the DSA for further requirements.

Expected services to be provided under this contract may include but are not limited to:

TASK 0.1 - PROJECT MANAGEMENT
A. Project Development Team (PDT) Meetings
Consultant shall coordinate and attend Project Development Team (PDT) meetings.

Minutes shall be prepared by the Consultant and distributed to the PDT at each meeting. An Action Item list shall be updated and prepared for each meeting.

B. Prepare/Update Project Schedule
Consultant shall prepare a project schedule at the commencement of the project and provide an updated schedule at each meeting.

Deliverables:
• Meeting Minutes
• Project Schedule
TASK 0.2 - SURVEY
All surveys shall be performed by Consultant in accordance with accepted professional surveying standards. The consultant shall be responsible to verify datum with the City. Consultant shall obtain applicable encroachment permits from the City of Ontario and Caltrans prior to beginning any field investigation. Additionally, if a traffic control plan is required, Consultant shall prepare the plan. Such documents shall be forwarded to the respective permit issuing agency, for review and concurrence prior to beginning any field investigation.

The Consultant shall complete a topographic survey map of the site to prepare a base map for the construction plans for both phases. This includes, but is not limited to:
59 46700.00100\40935196.1
BB&K (2024) Exhibit A-3

1. Horizontal and vertical control, topographical surveys within the right-of-way, cross sections, grid grades, open-ended traverses, profile data sheets and required documentation. (Horizontal Control shall be based on NAD 83; Vertical Control shall be based on NAVD 88).

2. Establish street centerlines, right-of-way lines existing and proposed, and all easements from available record information.

3. Provide the basis-of-bearing and benchmark information used for the survey and necessary for construction.

4. Locate and tie any features that would affect the design or construction.

5. Obtain Record of Surveys, benchmark and centerline tie information.

Deliverables:
• Base mapping
• Permits
PHASE 1 AND PHASE 2 TASKS ARE OUTLINED AS FOLLOWS:
60 46700.00100\40935196.1
BB&K (2024) Exhibit A-4
PHASE 1 – LEFT TURN POCKET EXTENSION (INITIAL PHASE)
61 46700.00100\40935196.1
BB&K (2024) Exhibit A-5
PHASE 1 – LEFT TURN POCKET EXTENSION (INITIAL PHASE)
The Phase 1 exhibit illustrates the conceptual design for the initial phase of the project.

Phase 1 consists of widening the southbound and northbound approach medians to accommodate single left-turn pocket extensions, while also providing for the future dual left-turn pockets planned under Phase 2. Additional minor widening of the median beneath the bridge on the northbound side will be required. Major scope elements anticipated for this phase include roadway widening, concrete improvements, street light and traffic signal modifications or relocations, utility adjustments or relocations as necessary, signing and striping, traffic loops, and irrigation modifications.

TASK 1.1 - UTILITY COORDINATION AND RELOCATION
Consultant shall perform research of existing utilities, reflect existing utilities and propose necessary utility relocations on the plans. If necessary, Consultant shall locate by potholing or other approved method, underground utilities to determine the elevations for clearance and to identify conflicts with the proposed improvements. Consultant shall coordinate with the respective utility owners if relocations are deemed necessary to accommodate the proposed improvements.

Consultant shall identify and verify any overhead utility conflicts during the design of the street light and traffic signal relocation plans. Consultant shall coordinate with SCE to establish existing overhead line heights to determine potential clearance conflicts.

Consultant shall coordinate directly with the respective utility owners if relocations are deemed necessary to accommodate the proposed improvements. Consultant shall prepare utility relocation plans and pothole existing underground utilities if necessary.

This task will include, at a minimum, the following:

1. Review existing record drawing plans

2. Perform utility investigation and provide utility relocation recommendations, if necessary

3. Field investigation and measurement to assess existing site condition

4. Consultant to provide a copy of all utility notifications and responses to the City and maintain and provide a log of such information

5. Pothole relevant existing utilities to verify location (with related traffic control and patching)

6. Provide a preliminary set of plans to utility companies

7. Prepare utility relocation plans, if necessary

8. Coordination of relocation of facilities, if necessary Deliverables:
• Utility locations/relocations shown on plans
• Pothole information for design (where necessary)
• Utility notices and responses
• Utility relocation plans, if necessary
62 46700.00100\40935196.1
BB&K (2024) Exhibit A-6
TASK 1.2 - PERMITTING AND CALTRANS COORDINATION
Consultant shall be responsible for identifying and obtaining all necessary permits (or obtaining letters stating permits are not necessary), including a Caltrans permit for work impacting Caltrans ROW. Consultant shall be responsible for coordination and communication with Caltrans.

Any additional fees required for these permits will be paid for separately by the City and shall not be included in the Consultant’s fee proposal.

Deliverables:
• Permits
TASK 1.3 - PROJECT DESIGN/PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)

PREPARATION
A) Plans, Specifications, and Estimates (PS&E)
Consultant shall provide the following information with each submittal:
35% Submittal – Consultant shall prepare preliminary plans for the project, including removals, roadway/pedestrian improvement layout, typical sections, plan view exhibits, profiles, utility plan, landscape concept plan, bid item list and construction cost estimate in a format approved by the City and an outline for the specifications. Consultant shall submit one electronic copy of the plans via the City’s online portal. 65% Submittal – upon receipt of the 35% review comments, Consultant shall advance the plans, specifications and bid documents to a 65% level of completion, including profiles, drainage facilities, wet/dry utilities, existing and proposed right of way, structural sections, pavement delineation, landscaping, draft project-specific technical specifications, and construction cost estimate in a format approved by the City. Consultant shall submit one electronic copy of plans via the City’s online portal. 95% Submittal – upon receipt of the 65% review comments, Consultant shall advance the plans, specifications and bid documents to a 95% level of completion, including pavement removal plans, horizontal control sheet, street lighting plans, landscaping and aesthetic treatment, drainage, specifications, and construction cost estimate, including the construction contract document. Consultant shall submit one electronic copy of plans via the City’s online portal.
100% Submittal – Consultant shall submit one electronic copy of plans via the City’s online portal. Upon approval, consultant shall submit one electronic copy of the plans, signed and stamped, and a signed and approved set of the final construction contract document and specifications. An electronic transfer with all plans in PDF and CAD formats, specifications, and including the final construction contract document will also be required.

Improvement plans shall be prepared in accordance with City requirements and are expected to consist of, but not be limited to, the following sheets:
63 46700.00100\40935196.1
BB&K (2024) Exhibit A-7

3.1.1 Title Sheet

3.1.2 Typical Cross Section Plans, Detail Plans

3.1.3 Roadway Layout & Profile Plans, Street Improvement Plans including any utility construction

3.1.4 Detail Plans

3.1.5 Drainage Plans and Calculations (if necessary)
Ontario.1.6 Traffic Plans/Details
• Signing and Striping
• Street Light Relocation
• Traffic Signal Relocation/Modification
o Approved electrical feed points shall be shown on this plan B) Specifications
Consultant shall prepare a complete set of specifications for the 65%, 95%, and 100% submittals in accordance with City standards.

C) Engineer’s Estimate
Consultant shall prepare an Engineer’s Construction Estimate for each PS&E submittal.

General Requirements and Project Deliverables
The City will provide the title block and specification boiler plate to the Consultant. All drawings shall utilize the City of Ontario standard title block. The City’s preferred format is AutoCAD 2021 or later, however Consultant will be allowed to use the same format as used in Phase 2. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultants’ licensed professional engineer responsible/incharge of the project.

The Consultant will be expected to revise the documents within a revised schedule set by the City. There will be no additional compensation necessary for the consultant to complete the work to the satisfaction of the City for required revisions. The Consultant’s preparation of plan specifications and estimating (PS&E) and special studies/investigations be in conformance with the latest editions of the Greenbook Standard Specifications for Public Works Construction, Caltrans Standards Drawings and Specifications, and the City of Ontario standards, unless otherwise specified.

For the City plan check process, the Consultant will be required to electronically submit plans and all CAD files (required to be submitted as AutoCAD files), analysis, calculations, etc. through the City’s online portal. Consultant shall also be responsible for submitting plans and reports for plan check and approval/permit issuance to any affected agencies.

The proposed plans shall be in accordance with the City of Ontario requirements and design guidelines as well as Caltrans Highway Design Manual design criteria. 64 46700.00100\40935196.1
BB&K (2024) Exhibit A-8
Deliverables:
• 35% Plan and Estimate submittal
• 65% PS&E submittal
• 95% PS&E submittal
• 100% PS&E submittal
TASK 1.4 - CONSTRUCTION SUPPORT AND OTHER TASKS
Consultants shall be capable of performing the following tasks:
• Project presentations and meetings
• Bid Support Services
• Construction Support Services
• Preparation of Record Drawings
• Any other work required to successfully plan for projects and adequately assess project feasibility
During the bidding process and construction, the Consultant shall assist in answering questions regarding the technical specifications, design drawings or conflicts in the design during the bidding process, respond to City staff and/or contractor RFI’s for any technical design clarification or design conflicts that arise during construction, review and recommend materials submittals and shop drawings for concurrence with plans and specifications, attend milestone meetings and pre-con meetings, and prepare record drawings that incorporate redlines comments prepared by the contractor and City Staff.

One (1) electronic set of the record drawings shall be submitted and all drawings shall be provided to the City electronically, as a PDF file and with the latest AutoCAD file format. 65 46700.00100\40935196.1
BB&K (2024) Exhibit A-9
PHASE 2 – DUAL LEFT TURN POCKETS (ULTIMATE PHASE)
66 46700.00100\40935196.1
BB&K (2024) Exhibit A-10
PHASE 2 – DUAL LEFT TURN POCKETS (ULTIMATE PHASE)
The Phase 2 exhibit illustrates the conceptual design for the ultimate phase of the project.

Phase 2 consists of widening of the median beneath the bridge on the northbound and southbound sides to accommodate the dual left turn lanes and widening of the eastbound and westbound freeway onramps. Major scope elements anticipated for this phase include roadway widening, concrete improvements, street light and traffic signal modifications or relocations, utility adjustments or relocations as necessary, modifications to the on-ramps and ramp metering systems, barriers/guardrail/metal railing, earthwork, signing and striping, traffic loops, and irrigation modifications.

TASK 2.1 – ENVIRONMENTAL DOCUMENT
Consultant shall be responsible for preparing the necessary Environmental Document, including any required environmental analysis/studies deemed necessary, and assisting the City in processing this document.

TASK 2.2 - UTILITY COORDINATION AND RELOCATION
Consultant shall perform research of existing utilities, reflect existing utilities and propose necessary utility relocations on the plans. If necessary, Consultant shall locate by potholing or other approved method, underground utilities to determine the elevations for clearance and to identify conflicts with the proposed improvements. Consultant shall coordinate with the respective utility owners if relocations are deemed necessary to accommodate the proposed improvements.

This task will include, at a minimum, the following:

9. Review existing record drawing plans

10. Perform utility investigation and provide utility relocation recommendations, if necessary

11. Field investigation and measurement to assess existing site condition

12. Consultant to provide a copy of all utility notifications and responses to the City and maintain and provide a log of such information

13. Pothole relevant existing utilities to verify location (with related traffic control and patching)

14. Provide a preliminary set of plans to utility companies

15. Prepare utility relocation plans, if necessary

16. Coordination of relocation of facilities, if necessary Deliverables:
• Utility locations/relocations shown on plans
• Pothole information for design (where necessary)
67 46700.00100\40935196.1
BB&K (2024) Exhibit A-11
• Utility notices and responses
• Utility relocation plans, if necessary
TASK 2.3 - PERMITTING AND CALTRANS COORDINATION
Consultant shall be responsible for identifying and obtaining all necessary permits (or obtaining letters stating permits are not necessary), including Caltrans project approval and an encroachment permit for work impacting Caltrans ROW. Consultant shall be responsible for coordination and communication with Caltrans.

Any additional fees required for these permits will be paid for separately by the City and shall not be included in the Consultant’s fee proposal.

Deliverables:
• Caltrans project approval
• Permits
TASK 2.4 – GEOTECHNICAL INVESTIGATION
The project requires the construction of retaining walls and slopes. Consultant shall develop a drilling program to explore existing subsurface conditions at the project site.

Construction of embankments for the bridge approaches and on-ramps and off-ramps will result in the creation of new slopes. Stability analysis of the new slopes will be conducted to address the gross and surficial stability. Embankment construction will also induce compression of the underlying soils which is manifested by ground surface settlement. The magnitude and time rate of settlement of underlying soils due to the weight of the proposed embankments will be determined.

Geotechnical Design Report: A Geotechnical Design Report providing design and construction recommendations for embankments and retaining walls will be prepared in accordance with CALTRANS Test Method 130. Subsurface soil samples will be collected during the field investigation for laboratory testing.

Prior to the field investigation, Consultant shall prepare a plan showing the proposed boring locations. This plan will be submitted to City and Caltrans for obtaining an encroachment permit to perform the borings.

Traffic control may be necessary when drilling some of these borings. Consultant shall follow the Caltrans and City traffic control guidelines.

Deliverables:
• Geotechnical Design Report
• Log of Test Boring sheets for PS&E
TASK 2.5 - TRAFFIC ANALYSIS
Consultant shall collect and analyze relevant travel-demand and travel forecast data to generate traffic forecasts to be used in the traffic operational analysis. If appropriate, Consultant shall perform supplemental traffic forecasting modeling and analysis as required by Caltrans. 68 46700.00100\40935196.1
BB&K (2024) Exhibit A-12
Future traffic projections should include data for intersections, highway mainline, and interchange ramps.

Utilizing traffic forecasts, Consultant shall perform a traffic capacity/operational analysis for the project. The traffic operational analysis criteria to be used shall include, but not be limited to, levels of service, vehicle miles travelled, vehicle hours travelled, average speeds, and delay.

The traffic operational analysis shall consider traffic control measures such as ramp metering and intelligent transportation systems. Consultant shall prepare a traffic report that includes traffic information and analysis for current year, opening year, and a design horizon year.

Consultant shall provide a traffic analysis for ramp metering and the Intersection Safety and Operation Assessment Process (ISOAP) as required by Caltrans.

Deliverables:
• Traffic analysis
TASK 2.6 – STRUCTURAL DESIGN AND CALCULATIONS
Required if non-standard design is proposed.

Deliverables:
• Structural calculations and details
TASK 2.7 - PROJECT DESIGN/PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)

PREPARATION
D) Plans, Specifications, and Estimates (PS&E)
Consultant shall provide the following information with each submittal:
35% Submittal – Consultant shall prepare preliminary plans for the project, including removals, roadway/pedestrian improvement layout, typical sections, plan view exhibits, profiles, utility plan, landscape concept plan, bid item list and construction cost estimate in a format approved by the City and an outline for the specifications. Consultant shall submit one electronic copy of plans via the City’s online portal. 65% Submittal – upon receipt of the 35% review comments, Consultant shall advance the plans, specifications and bid documents to a 65% level of completion, including profiles, drainage facilities, wet/dry utilities, existing and proposed right of way, structural sections, pavement delineation, landscaping, draft project-specific technical specifications, and construction cost estimate in a format approved by the City. Consultant shall submit one electronic copy of plans via the City’s online portal. 95% Submittal – upon receipt of the 65% review comments, Consultant shall advance the plans, specifications and bid documents to a 95% level of completion, including pavement removal plans, horizontal control sheet, street lighting plans, landscaping and aesthetic treatment, drainage, specifications, and construction cost estimate, including the construction contract document. Consultant shall submit one electronic copy of plans via the City’s online portal.
69 46700.00100\40935196.1
BB&K (2024) Exhibit A-13
100% Submittal – Consultant shall submit one electronic copy of plans via the City’s online portal. Upon approval, consultant shall submit one electronic copy of the plans, signed and stamped, and a signed and approved set of the final construction contract document and specifications. An electronic transfer with all plans in PDF and CAD formats, specifications, and including the final construction contract document will also be required.

Improvement plans shall be prepared in accordance with City requirements and are expected to consist of, but not be limited to, the following sheets:

1. Title Sheet

2. Typical Cross Section Plans, Detail Plans

3. Roadway Layout & Profile Plans, Street Improvement Plans including any utility construction

4. Detail Plans

5. Drainage Plans and Calculations (if necessary)

6. Traffic Plans/Details
• Signing and Striping
• Street Light Relocation
• Traffic Signal Relocation/Modification
o Approved electrical feed points shall be shown on this plan

7. Miscellaneous Plans
• Fencing
• Retaining Walls/Structural Plans
E) Specifications
Consultant shall prepare a complete set of specifications for the 65%, 95%, and 100% submittals in accordance with City standards. One combined set of specifications will be prepared for all projects.

F) Engineer’s Estimate
Consultant shall prepare an Engineer’s Construction Estimate for each PS&E submittal.

General Requirements and Project Deliverables
The City will provide the specification boiler plate to the Consultant. All drawings shall conform to Caltrans requirements. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultants’ licensed professional engineer responsible/in-charge of the project.

The Consultant will be expected to revise the documents within a revised schedule set by the City. There will be no additional compensation necessary for the consultant to complete 70 46700.00100\40935196.1
BB&K (2024) Exhibit A-14
the work to the satisfaction of the City for required revisions. The Consultant’s preparation of plan specifications and estimating (PS&E) and special studies/investigations be in conformance with the latest editions of the Greenbook Standard Specifications for Public Works Construction, Caltrans Standards Drawings and Specifications, and the City of Ontario standards, unless otherwise specified.

The proposed plans shall be in accordance with the City of Ontario requirements and design guidelines as well as Caltrans HDM and Ramp Metering Design Manual design criteria.

Deliverables:
• 35% Plan and Estimate submittal
• 65% PS&E submittal
• 95% PS&E submittal
• 100% PS&E submittal
TASK 2.8 - CONSTRUCTION SUPPORT AND OTHER TASKS
Consultants shall be capable of performing the following tasks:
• Project presentations and meetings
• Bid Support Services
• Construction Support Services
• Preparation of Record Drawings
• Any other work required to successfully plan for projects and adequately assess project feasibility
During the bidding process and construction, the Consultant shall assist in answering questions regarding the technical specifications, design drawings or conflicts in the design during the bidding process, respond to City staff and/or contractor RFI’s for any technical design clarification or design conflicts that arise during construction, review and recommend materials submittals and shop drawings for concurrence with plans and specifications, attend milestone meetings and pre-con meetings, and prepare record drawings that incorporate redlines comments prepared by the contractor and City Staff.

One (1) electronic set of the record drawings shall be submitted and all drawings shall be provided to the City electronically, as a PDF file and with the latest AutoCAD file format.

Change Orders (Change to Scope of Work)
All changes must be submitted in writing for City approval. The Consultant shall submit a cost fee proposal for all changes. The City will evaluate and issue a Notice to Proceed for each Change Order separately.
71 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 42 ACCELERATING DELIVERY, MINIMIZING DISRUPTION. Delivering phased, efficient interchange improvements that enhance safety, reduce congestion, and support Ontario’s economic growth through proactive coordination, streamlined approvals, and technical excellence.

7. PROPOSED METHOD TO ACCOMPLISH WORK
Ontario has grown rapidly over the past decade, driven by residential and commercial development and City investment to become a regional hub. To support this growth, the City is upgrading critical infrastructure. The SR-60/Euclid Avenue Interchange is a vital link for regional mobility and goods movement. SR-60 serves as a major east-west freight corridor, and Euclid Avenue is a principal arterial and truck route. Heavy truck volumes and commuter traffic create congestion at ramp intersections. Industrial growth in Ontario Ranch will increase demand, making capacity improvements essential for safety, efficiency, and economic vitality.

PHASED APPROACH
The City’s phased approach addresses both immediate and longterm needs. The City aims to construct Phase 1 immediately and Phase 2 within three years. Our team will follow this strategy and seek opportunities to accelerate delivery.

Phase 1- Extend northbound (NB) and southbound (SB) leftturn pockets at ramps to relieve bottlenecks and prepare for Phase 2. Tasks include PS&E, Caltrans encroachment permits, utility coordination, and construction support.

Phase 2- Implement ultimate configuration with dual left-turn lanes and ramp modifications. Tasks include environmental documentation, traffic analysis, geotechnical investigations, and Caltrans approvals. The design will integrate safety enhancements, ramp metering considerations, and compliance with Caltrans Highway Design Manual (HDM) standards.

ROADWAY IMPROVEMENTS
Phase 1- Due to the increased truck traffic, the queue for the left-turn movements onto SR-60 have lengthened significantly.

Modify Euclid Avenue median to increase storage for left-turn movements and reduce delays. See Figure 1 on the following page.

Phase 2- Further reduce median width under SR-60 for additional left-turn lanes. Widen westbound (WB) and eastbound (EB) on-ramps for dual left-turns. Reduction of the median island will eliminate the need for retaining walls along the outside of Euclid Avenue if widened on the outside. Investigate column protection, ramp metering, California Highway Patrol (CHP) enforcement areas, and ADA-compliance. See Figure 2 on the following page.

CALTR ANS COORDINATION
Phase 1- Our team will engage Caltrans early to confirm that this phase can be completed with an Encroachment Permit Process (EPOP). We will fill out form TR-0416 , and assuming no response changes from “TRUE” to “FALSE”, we will submit the Encroachment Permit Application Package (EPAP) to
Caltrans with the design plans for approval.

Phase 2- Includes improvements along the WB and EB
on-ramps. Our team will work closely with the City and Caltrans to first determine which review and approval process this phase will need to go through. Coordinate with Caltrans to confirm Design Engineering Evaluation Report (DEER) Project Delivery eligibility and streamline review.

TR AFFIC MODELING AND OPER ATIONAL

ANALYSIS
Phase 1 - Our team understands that due to the potential construction timeline for both phases, Caltrans will expect a traffic operations assessment focusing on ramp intersections.

Phase 2 - Prepare Traffic Operations Analysis Report (TOAR) covering adjacent interchanges, corridor operations, and freeway analysis.

UTILITY COORDINATION
Phase 1- Relocate signals and verify utility locations through site visits and potholing. Begin critical coordination with utility companies. The utility coordination work in this phase will be able to be carried over into Phase 2 to help expedite that work.

Phase 2- Continue coordination for potential relocations and drainage improvements as additional work occurs.

DRAINANGE COORDINATION
Phase 1- Minimal widening adds less than 10,000 sq. ft. of impervious area. Prepare a short-form Stormwater Data
Report (SWDR) and Stormwater Pollution Prevention Plan
SWPPP before construction, along with required reports under San Bernardino County’s permit.

Phase 2- Geometric improvements will exceed the 10,000
sq. ft. threshold, requiring drainage modifications and water quality Best Management Practices (BMPs). The project lies within a Significant Trash Generating Area (STGA), so trash capture measures will be implemented. Our team has extensive experience designing BMPs, preparing SWDRs and Drainage Reports, and deploying trash capture solutions for Caltrans District 8 projects.

PROJECT UNDERSTANDING
72 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 43

7. PROPOSED METHOD TO ACCOMPLISH WORK

WB ON-RAMP
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CHP Enforcement Area for Relocated Ramp Meter
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Signal and Lighting Relocations
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SR-60/Euclid Ave Undercrossing Bridge No. 54-751 L/R
Proposed Median Improvements-Phase 1
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Sawcut
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SIGNAL SIGNAL
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DAEHA DAEHA
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Figure 2: Michael Baker's
Project Study Area
Understanding- Phase 2

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Protect In-Place Existing Ditch
SR-60/Euclid Ave Undercrossing Bridge No. 54-751 L/R
d Median Improvements-Phase 1
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SR-60 /EUCLID AVENUE INTERCHANGE PROJECT - PHASE 1
Proposed Median Improvements
Future Left-Turn Pocket
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Protect In-Place City of Ontario Sign
Roadside Sign Relocation
SR-60/ Euclid Ave Undercrossing Bridge No. 54-751 L/R
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1 2
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Figure 1: Michael Baker's
Project Study Area
Understanding- Phase I
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73 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 44

7. PROPOSED METHOD TO ACCOMPLISH WORK
We will deliver phased operational improvements that relieve congestion, enhance safety, and support goods movement
while aligning with Caltrans District 8 and City of Ontario expectations. Our multidisciplinary team integrates roadway design, traffic operations, drainage, geotechnical, utilities, environmental clearance, and construction support in an endto-end delivery model (PID → PS&E → Construction Support).

Design will conform to the Caltrans HDM, Standard Plans/ Specifications (SSPs), Traffic Manual, Ramp Metering Design Manual (RMDM), Deputy Directive DD-35/DD-35-R1, and
Caltrans TAC (Transportation Analysis under CEQA), as
applicable. We will apply context-sensitive solutions to maintain freight efficiency on SR-60 while improving local mobility and safety on Euclid Avenue.

Key Project Objectives:

1. Immediate relief via turn-pocket extensions,

2. Ultimate dual left-turn lanes with ramp modifications,

3. Minimizing ROW and utility impacts,

4. Maintaining ramp metering and safety features,

5. Streamlining approvals (EPOP/EPAP and DEER),

6. Robust risk/QA controls, and

7. Efficient construction staging.

PROJECT MANAGEMENT AND

COMMUNICATION
We will implement a Project Management Plan (PMP) defining roles, communication protocols, controls, and reporting cadence to maintain transparency and decisiveness.
▬ Governance: Project Sponsor, Project Manager, Discipline Leads (Roadway, Traffic, Drainage, Geotechnical, Utilities, Environmental), Quality Manager, and Permitting Lead.
▬ Cadence: monthly Project Development Team (PDT)
meetings; biweekly internal coordination; issue-specific huddles with Caltrans Permits/Traffic Ops/Maintenance/
Structures.
▬ Documentation: agendas, minutes, decision log, action tracker, and comment matrices; SharePoint repository with version control.
▬ Stakeholder Outreach: early utility owner workshops;
briefings with Ontario/Chino operations staff; coordination with CHP and Caltrans Maintenance.

QUALIT Y A SSUR ANCE / QUALIT Y

CONTROL (QA/QC)
Our QA/QC program ensures accuracy, compliance, and
constructability at each submittal stage.
▬ Checklists: discipline-specific design and calculation checklists tied to HDM, SSPs, TAC, and City standards.
▬ Independent Checks: cross-discipline reviews (Initial Design Review) for conflicts (roadway/drainage/traffic/ structures/utilities).
▬ Back-checking: verify comment resolution before
subsequent submittals; maintain a formal response matrix. ▬ Constructability: pre-60% and 90% constructability
reviews; incorporate TMP constraints, staging limits, and maintenance access needs.

RISK MANAGEMENT
We will maintain a dynamic risk register to anticipate and mitigate delivery, design, and approval risks.
▬ Permitting: EPOP/EPAP review cycles and conditions;
DEER eligibility and design exceptions (early confirmation and mitigation).
▬ Geometric: inside widening feasibility vs. retaining walls near 2:1 slopes and WB soundwall; column protection.
▬ Utility: owner lead times, outages, betterments;
subsurface unknowns addressed via Subsurface Utility
Engineering (SUE) Level A potholing at critical crossings. ▬ Traffic: ramp metering policy compliance (HOV lanes and storage), Intersection Safety & Operational Assessment
Process (ISOAP) outcomes, Highway Safety Manual (HSM)
safety findings; TMP phasing.
▬ Environmental: CEQA Class 1 applicability, STGA trash capture siting, and potential resource triggers.
▬ Schedule: long-lead materials (signal poles/cabinets), Caltrans reviews, seasonal weather windows.

PERMIT TING AND CALTR ANS

COORDINATION
We will engage Caltrans early and maintain cadence through scoping, submittals, and approvals to compress delivery windows and avoid rework.

Phase 1 – Left-Turn Pocket Extension
Objective: Provide near-term relief by extending NB/SB leftturn pockets at SR-60 ramp terminals. Delivery path: Caltrans EPOP with EPAP submittal.
▬ Pre-Application Meeting: confirm work elements, traffic handling, staging, and documentation needs.
▬ Field Work Permit: cover survey control, topographic
zapping, geotechnical borings, and SUE/potholing; request consolidated authorization to avoid Phase 2 re-permitting. ▬ Construction Permit: EPAP submittal includes title sheet, plans (geometrics/striping/profiles), TMP/traffic handling, staging, signal modifications, drainage memo, short-form SWDR, and utility clearances (see example next page).
▬ Form TR-0416 checklist: verify EPOP eligibility; if an item is “False,” ensure EPAP contains requisite plans/reports for District processing.

TECHNICAL APPROACH
74 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 45

7. PROPOSED METHOD TO ACCOMPLISH WORK
▬ Reviews: target one iteration; respond via comment
matrix; keep Maintenance, Traffic Ops, Permits, and
Structures informed.

Phase 2 – Dual Left-Turn Pockets
Objective: Implement the ultimate configuration via the DEER process to avoid the full PID–PSR–PA/ED path.
▬ Early DEER Eligibility Confirmation: prepare checklist, scope narrative, and schedule; coordinate with District 8 Planning/Traffic Operations (see example below).
▬ VMT Screening: validate “operational improvement”
characterization with F&P; ensure no induced capacity
triggers under TAC.
▬ Design Exceptions (if required): document warrants,
mitigations, peer review; escalate early to avoid late-cycle issues.
▬ CEQA Alignment: synchronize CEQA milestones with
DEER; maintain consistent project description across
documents.

SURVEY BASE MAPPING
We will complete all topographic survey in Phase 1 to serve both phases, establishing a robust base for design and permitting. ▬ Control Network: NAD83/NAVD88, benchmarks, QA ties.
▬ Data Capture: edge of pavement, curb/gutter, medians, drainage features (inlets, culverts, ditches), signs, signals, lighting, utilities (visible appurtenances), structure
elements, and vegetation of concern.
▬ SUE Program: records research (Level D), utility owner coordination and markouts (Level C), geophysical surveys (Level B), and targeted potholes (Level A) at conflict
points.
▬ Deliverables: base map (.DWG), control report, survey notes, utility composite, and SUE conflict matrix.

UTILIT Y COORDINATION AND

RELOCATION
We will resolve utility conflicts early, document responsibilities, and maintain a relocation log aligned to Caltrans permitting.

Phase 1 – Left-Turn Pocket Extension
▬ Composite Base: collect maps and as-builts from Ontario, Chino, Frontier, SCE, SCG, Spectrum.
▬ Verification: site walks and targeted potholing at median modifications and signal foundations.
▬ Signal/Lighting Relocation: pole bases, conduits,
service, interconnects; ensure sight distance and MUTCD compliance.
▬ Owner Coordination: protection-in-place vs. relocation; lead times for materials/outages/traffic control.

Phase 2 – Dual Left-Turn Pockets
▬ Relocation Needs: ramp meters/cabinets, CHP
enforcement areas, Marked Patrol Vehicles (MVPs), ADA
curb ramp reconstructions.
▬ Packages: relocation sketches, schedules, estimates;
betterments and owner responsibilities.
▬ Tracking: utility conflict/resolution log with submittal references and permit dependencies.

Completed Form TR-0416 for the SR-60/Euclid
Interchange Phased Improvements
Completed Deer Application Checklist for the SR-60/Euclid Interchange Phased Improvements 75 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 46

7. PROPOSED METHOD TO ACCOMPLISH WORK

ROADWAY IMPROVEMENTS
Advance preliminary 3D modeling into detailed design
emphasizing operations, safety, maintainability, and staging.

Phase 1 – Left-Turn Pocket Extension
▬ Median modifications and pavement widening to extend
storage (target pocket lengths based on 95th-percentile queues and truck composition).
▬ Signal Adjustments: phasing/timing refinements for leftturn operations; maintain interconnect between ramp terminals.
▬ Traffic Handling/Staging: minimize nighttime closures; maintain freight throughput; coordinate detours if
required.
▬ Collaborate with City and Caltrans: navigate the EPOP process.

Phase 2 – Dual Left-Turn Pockets
▬ Number of Ramp Lanes: confirm early-on whether HOV
Bypass will be added; otherwise will prepare Ramp Meter Policy Exception.
▬ Ramp Widening WB/EB: prefer inside widening to avoid
ROW and EB ditch; reduce tree impacts and potential
retaining walls.
▬ Ramp Metering: confirm warrants; design meter locations, storage, HOV considerations, and power/communications.
▬ CHP Enforcement Areas and MVPs: size per District 8
practice; explore geometric optimizations to avoid walls (especially near WB soundwall).
▬ ADA: reconstruct affected curb ramps to current standards and provide accessible crossings across ramp termini.

Please see Figure 3 in the Appendix for one potential vision of this interchange. Our team will work closely and early-on with the City and Caltrans to determine the final configuration that provides the operational benefit that the City is seeking with this project.

DRAINAGE IMPROVEMENTS
We will meet Caltrans NPDES requirements and local
stormwater standards while maintaining operational drainage performance.

Phase 1 – Left-Turn Pocket Extension
▬ Hydrology/Hydraulics: confirm capacity of existing inlets and conveyance; apply Rational Method for localized
widening.
▬ Technical Drainage Memorandum: document calculations, inlet check, and minor adjustments associated with median changes.
▬ Short-Form SWDR: identify construction BMPs (e.g.,
erosion controls, sediment barriers) for <10,000 sqft net new impervious area.
▬ Trash BMPs: note STGA applicability; defer full
documentation to Phase 2 while maintaining construction controls.

ADDED SCOPE ITEMS (PHASE 1):
▬ Technical Drainage Memorandum.
▬ Short-form SWDR.

Phase 2 – Dual Left-Turn Pockets
▬ Hydrology/Hydraulics: update for increased impervious area; check culvert capacities and conveyance under
SR-60.
▬ Drainage Report: evaluate existing/proposed inlets/
culverts; provide sizing and replacement criteria;
coordinate with roadway plans.
▬ Long-Form SWDR: document construction and permanent
treatment BMPs; size systems per National Pollutant
Discharge Elimination System (NPDES) and District 8
guidance.
▬ Trash Capture: implement full-capture devices to satisfy STGA requirements; coordinate siting with utilities and maintenance access.

ADDED SCOPE ITEMS (PHASE 2):
▬ Drainage Report.
▬ Drainage Plan.
▬ Temporary Water Pollution Control (WPC) Plans.
▬ Long-form SWDR.

ENVIRONMENTAL DOCUMENTATION
We will pursue CEQA clearance via a Class 1 Categorical Exemption (Existing Facilities), consolidating approvals for both phases to align with permitting and design.
▬ Lead Agency: consult with Caltrans to consider City of Ontario as CEQA lead for encroachment-permit context,
reducing SER-specific cycles.

Design Checklist from the RMDM
76 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 47

7. PROPOSED METHOD TO ACCOMPLISH WORK
▬ Single CEQA Document: combine Phases 1 and 2
to capture schedule and cost efficiencies; maintain
consistent project description and impacts analysis.
▬ Technical Studies (as appropriate for CE
documentation): Biological, Cultural/Archaeological &
Scientific Resources, Historic, Paleontology, Noise, Air Quality/GHG, HazMat (Phase I ISA).
▬ Coordination: early outreach to resource agencies if
needed; maintain comment matrix and version control
across submittals.
▬ Schedule assumptions: typical CE timeline 4–8 months
`based on scope; align with DEER and EPOP review cycles.

GEOTECHNICAL INVESTIGATION
We will complete all field work in Phase 1 to inform Phase 2 designs and avoid re-mobilization, using Caltrans/AASHTO guidance for spacing and methods.

Phase 1 – Field Program
Proposed borings and depths:
▬ Boring location plan: support Caltrans/City encroachment permits and traffic control needs.
▬ Sampling: bulk near-surface and ring samples at
~5-ft intervals using Standard Penetration Test (SPT)/
(McDermott/Industrial Fabrication (MCD)); log per
Advancing Standards. Transforming Markets (ASTM)/
Caltrans practices; maintain chain-of-custody to lab.

Laboratory Testing
▬ In-situ density and moisture content
▬ Grain size distribution
▬ Direct shear
▬ R-value and sand equivalent
▬ Soil corrosion (pH, resistivity, chlorides, sulfates) Compile parameters to support pavement sections, wall
foundations, slope stability, and corrosion mitigation.

Field Soil Infiltration Testing
Perform four double-ring infiltrometer tests (ASTM D3385), two per on-ramp; record inner/outer ring flows at constant head until stabilized rates are achieved.

ADDED SCOPE ITEMS (PHASE 1):
▬ Geotechnical borings for pavement structural section
recommendations
▬ Materials Report with pavement structural section
recommendations
▬ Soil Infiltration Testing for Water Quality
Improvements
Phase 2 – Design Analyses
▬ Seismicity and Peak Ground Acceleration estimation;
liquefaction/settlement/lateral spreading analyses.
▬ Retaining wall foundations; global stability for
embankments; settlement estimates and mitigation.
▬ Corrosion conditions and protective measures; finalize pavement section per Caltrans methodology.

Geotechnical Design Report (GDR)
▬ Recommendations for walls/slopes and infiltration rates. ▬ Include Log of Test Borings (LOTB) sheets in PS&E
submittals.
▬ Address Caltrans comments; issue final GDR.

TR AFFIC ANALYSIS
We will complete ISOAP/TOAR analyses consistent with
Caltrans requirements and leverage the San Bernardino
County Transportation Analysis Model (SBTAM+) and Synchro/ SimTraffic to confirm operational benefits and design life objectives. Both phases are expected to screen from VMT under SB-743.

Phase 1 – Left-Turn Pocket Extension
▬ Methodologies and Assumptions Memo: scope
intersections, data plan, procedures, assumptions, tools. ▬ Data Collection: 24-hour classification counts; AM/PM peak intersection counts at Euclid & Philadelphia, Euclid & SR-60 WB Ramps, Euclid & SR-60 EB Ramps, Euclid &
Walnut; include ped/bike counts.
▬ Collision Data: request Traffic Accident Surveillance and Analysis System (TASAS) records from Caltrans for ISOAP. ▬ Forecasting: SBTAM+ consistent with SCAG Regional
Transportation Plan/Sustainable Communities Strategy
and City land use; develop Opening Year and 10-Year
forecasts.
▬ Operations: LOS/queuing for Existing, Opening Year
(No-Build/Build), and 10-Year (No-Build/Build) scenarios using Synchro/SimTraffic.
▬ ISOAP: Stage 1/Stage 2 assessment at ramp intersections; document control alternatives and safety considerations.

Phase 2 – Dual Left-Turn Pockets
▬ Methodologies and Assumptions Memo: expand to
12 intersections across Mountain, Euclid, and Grove
corridors; include freeway mainline segments.

Design Element
Proposed
Number of
Borings
Approximate
Proposed Depth
(feet)
Roadway 1, or slopes along
WB on-ramp
2 30-40
Roadway 2, or slopes along
EB on-ramp
2 30-40
Pavement Improvements 2 5
Table 1: Proposed Soil Boring Information
77 CITY OF ONTARIO ▬ SR-60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS 48

7. PROPOSED METHOD TO ACCOMPLISH WORK
▬ Data Collection: AM/PM counts at 12 intersections (6–9 AM, 4–7 PM) plus two days of 24-hour classification counts on Euclid segments, SR-60 mainline at Euclid, and ramps at Mountain/Euclid/Grove.
▬ Forecasting: update SBTAM+ with current land use/
pipeline; develop Opening Year and Design Year forecasts. ▬ Operations: intersection and freeway LOS for Existing, Opening Year (No-Build/Build), and Design Year
(No-Build/Build); HCM-based merge/diverge/weave
analyses.
▬ Safety: TASAS safety review; HSM assessment; ISOAP
update with future volumes/design.
▬ Documentation: two draft TOAR submittals + final with HSM assessment to obtain Caltrans approval.

VMT Screening Deliverables
▬ Induced Travel Study Methodology Memo (approach and
methods).
▬ VMT Screening Memo (less-than-significant impact
justification).

CONSTRUCTION SUPPORT
We will support bid and construction phases to maintain design intent, safety, and schedule.
▬ Bid phase: respond to RFIs; issue addenda; attend pre-bid meeting.
▬ Pre-construction: partner kickoff with contractor/
Caltrans/City; review contractor TMP and staging plans. ▬ During construction: submittal reviews (materials, traffic control, signals, drainage devices); shop drawing checks; field clarifications.
▬ Change management: track changes, cost/schedule
impacts, and risk adjustments; maintain as-built markups. ▬ Closeout: punchlist support; compile as-builts; lessonslearned debrief.

SCHEDULE AND DELIVERABLES
We will deliver Phase 1 quickly for early relief while advancing Phase 2 tasks in parallel, allowing a break between construction phases. The schedule leverages early survey/geotechnical/ utility coordination and concurrent environmental/permitting to compress timelines.

Phase 1 – Immediate Relief (Year 1, schedule provided on the following page)
▬ Survey/base mapping complete; EP field work permit
approved.
▬ Geotechnical borings/tests complete; Materials Report submitted.
▬ Traffic Operations Assessment/ISOAP complete.
▬ Short-form SWDR/SWPPP prepared.
▬ PS&E (30/60/90/Final) and EPAP construction permit
approval.
▬ Bid-ready package issued.

Phase 2 – Ultimate Configuration (Years 1–3)
▬ DEER eligibility confirmation and scoping.
▬ TOAR/ISOAP update; Design Year operations and safety
analyses.
▬ Drainage Report and long-form SWDR; BMP/trash capture siting.
▬ GDR finalized with LOTB; structural recommendations
integrated.
▬ PS&E (30/60/90/Final) incorporating ADA, ramp meters, CHP/MVP features.
▬ Environmental CEQA clearance; permit coordination for construction.

Efficiency Measures and Controls
▬ Parallel processing: overlap PS&E with CEQA and
permitting where risk is low.
▬ Early decisions: confirm ramp lane policy (RMDM/DD-35), inside-widening feasibility, and wall needs to avoid
downstream redesign.
▬ Risk and QA/QC: maintain risk register and comment
matrices; conduct inter-discipline reviews prior to each submittal.
▬ Performance tracking: use Work Breakdown Structure
and Earned Value Management to monitor budget and
schedule; issue monthly progress reports.
78 46700.00100\40935196.1
BB&K (2024) Exhibit B-1
EXHIBIT “B”

FEE SCHEDULES AND COMPENSATION RATES

SEE ATTACHMENT
79 Principal Senior Project Manager Senior Project Engineer Project Engineer Lead Landscape Architect Senior Landscape Architect Landscape Architect Survey Project Manager Survey PLS Survey Field Supervisor Sr Survey Analyst Survey Analyst Survey Party Chief Survey Chainman Environmental Lead Senior Environmental Planner Environmental Planner Task No. Task Description $350.00 $300.00 $240.00 $175.00 $300.00 $210.00 $120.00 $350.00 $270.00 $220.00 $240.00 $160.00 $205.00 $175.00 $350.00 $190.00 $150.00

0.1 Project Management 184 32 24 24 0 0 0 0 0 0 0 0 0 0 12 12 0 288 $90,440 $0 $0 $0 $90,440

0.1.A Project Development Team (PDT) Meetings 80 32 24 24 12 12 184 $54,040 $54,040

0.1.B Project Schedule, Coordination, and Management 104 104 $36,400 $36,400

0.2 Survey 4 0 12 0 0 0 0 20 56 16 80 152 106 106 0 0 0 552 $113,720 $0 $0 $0 $113,720

0.2.A Topographic Survey 2 8 8 12 8 20 16 66 66 206 $42,860 $42,860

0.2.B Record Data Map Preparation 2 4 12 44 8 60 136 40 40 346 $70,860 $70,860 1 Phase 1-Left Turn Pocket Extension (Initial Phase) 36 190 304 496 18 28 64 0 0 0 0 0 0 0 0 0 0 1136 $248,320 $29,116 $65,000 $66,000 $408,436

1.1 Utility Coordination and Relocation 0 0 0 40 0000000000 0 0 0 40 $7,000 $29,116 $0 $0 $36,1161.2 Permitting and Caltrans Coordination 2 6 24 32 0000000000 0 0 0 64 $13,860 $0 $0 $0 $13,860

1.3 Project Design/Plans, Specifications, and Estimates (PS&E) Preparation 12 172 200 248 18 28 64 0 0 0 0 0 0 0 0 0 0 742 $166,160 $0 $0 $0 $166,160

1.3.1 35% Submittal (Preliminary Plans and Estimate) 4 28 58 86 176 $38,770 $38,770

1.3.2 65% Submittal (Plans, Specifications, and Estimate) 4 48 82 74 8 12 28 256 $56,710 $56,710

1.3.3 95% Submittal (Plans, Specifications, and Estimate) 2 48 50 74 8 12 28 222 $48,330 $48,330

1.3.4 100% Submittal (Plans, Specifications, and Estimate) 2 48 10 14 2 4 8 88 $22,350 $22,350

1.4 Geotechnical Investigation 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 $700 $0 $65,000 $0 $65,700

1.5 Traffic Analysis 20000000000000 0 0 0 2 $700 $0 $0 $66,000 $66,7001.6 Drainage 4 12 48 80 0 0 0 0 0 0 0 0 0 0 0 0 0 144 $30,520 $0 $0 $0 $30,520

1.6.1 Drainage Memo 2 6 24 32 64 $13,860 $13,860

1.6.2 SWDR Report 2 6 24 48 80 $16,660 $16,660

1.7 Construction Support and Other Tasks 14 0 32 96 0000000000 0 0 0 142 $29,380 $0 $0 $0 $29,380

1.7.1 Bid Support Services 8 16 16 40 $9,440 $9,4401.7.2 Construction Support Services 4 40 44 $8,400 $8,400

1.7.3 Preparation of Record Drawings 2 16 40 58 $11,540 $11,540 2 Phase 2-Dual Left Turn Pockets (Ultimate Phase) 100 478 1,070 1,678 60 132 284 0 0 0 0 0 0 0 181 214 106 4303 $928,560 $15,704 $25,000 $171,000 $1,140,264

2.1 Environmental Document 00000000000000 181 214 106 501 $119,910 $0 $0 $0 $119,910

2.1.1 Biological Resources 25 53 78 $18,820 $18,8202.1.2 Cultural Resources 27 54 81 $19,710 $19,7102.1.3 Paleontology 10 22 32 $6,800 $6,800

2.1.4 Noise 18 60 78 $15,300 $15,300

2.1.5 Air Quality & GHG Emissions 14 42 56 $12,880 $12,8802.1.6 Hazardous Materials 36 65 101 $24,950 $24,950

2.1.7 CEQA Categorical Exemption 924 33 $6,750 $6,7502.1.8 Environmental Coordination and Meetings 42 42 $14,700 $14,700

2.2 Utility Coordination and Relocation 0 0 0 64 0000000000 0 0 0 64 $11,200 $15,704 $0 $0 $26,904

2.3 Permitting and Caltrans Coordination 32 0 88 172 0000000000 0 0 0 292 $62,420 $0 $0 $0 $62,420

2.3.1 Permitting and Caltrans Coordination 8 24 32 64 $14,160 $14,1602.3.2 Preparation of DEER 24 64 140 228 $48,260 $48,260

2.4 Geotechnical Investigation 20000000000000 0 0 0 2 $700 $0 $25,000 $0 $25,700

2.5 Traffic Analysis 20000000000000 0 0 0 2 $700 $0 $0 $171,000 $171,7002.6 Structural Design and Calculations (Assume pga<0.60; no calcs needed)2.7 Project Design/Plans, Specifications, and Estimates (PS&E) Preparation 30 422 764 1078 60 132 284 0 0 0 0 0 0 0 0 0 0 2770 $588,910 $0 $0 $0 $588,910

2.7.1 35% Submittal (Preliminary Plans and Estimate) 8 88 252 354 21 46 100 869 $179,590 $179,590

2.7.2 65% Submittal (Plans, Specifications, and Estimate) 8 114 222 312 18 40 85 799 $168,880 $168,880

2.7.3 95% Submittal (Plans, Specifications, and Estimate) 8 112 238 326 18 40 85 827 $174,570 $174,570

2.7.4 100% Submittal (Plans, Specifications, and Estimate) 6 108 52 86 3 6 14 275 $65,870 $65,870

2.8 Drainage 16 56 170 2000 0 0 0 0 0 0 0 0 0 0 0 0 442 $98,200 $0 $0 $0 $98,200

2.8.1 Drainage Report 8 32 90 100 230 $51,500 $51,500

2.8.2 SWDR Report 8 24 80 100 212 $46,700 $46,700

2.9 Construction Support and Other Tasks 18 0 48 164 0000000000 0 0 0 230 $46,520 $0 $0 $0 $46,520

2.9.1 Bid Support Services 8 24 24 56 $12,760 $12,7602.9.2 Construction Support Services 8 100 108 $20,300 $20,300

2.9.3 Preparation of Record Drawings 2 24 40 66 $13,460 $13,460 324 700 1,410 2,198 78 160 348 20 56 16 80 152 106 106 193 226 106 6,279 $1,381,040 $44,820 $90,000 $237,000 $1,752,860 $18,000 $27,305 $1,600 $46,905
$1,600 $1,600
$26,405 $26,405
$5,000 $5,000$4,000 $4,000$9,000 $900 $9,900
$113,400 $210,000 $338,400 $384,650 $23,400 $33,600 $41,760 $7,000 $15,120 $3,520 $19,200 $24,320 $21,730 $18,550 $67,550 $42,940 $15,900 $1,799,765 SUBTOTAL HOURS:

TOTAL FEE

OTHER DIRECT COSTS -
Total Fee
County Well Permit
Potholing
Misc. Mileage, Postage, Printing
Survey-Related ODCs
Environmental Field Work
City of Ontario
Earth
Mechanics, Inc Total Fee Michael Baker Hours Michael Baker Fee Fee Worksheet
State Route 60/Euclid Avenue Interchange Phased Improvements Project Monument Fehr and Peers
eeee e Exhibit B-2
80 Department: Public Works
Prepared By: Leonard Lui
Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Jacqueline
Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FCG CONSULTANTS, INC., FOR CONSTRUCTION MANAGEMENT, INSPECTION,

GEOTECHNICAL TESTING, AND PUBLIC OUTREACH SERVICES FOR THE SAN

ANTONIO STORM DRAIN PROJECT

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with FCG Consultants, Inc., of Yorba Linda, California, to provide construction management, inspection, geotechnical testing, and public outreach services for the San Antonio Storm Drain Project in the amount of $1,988,250 for a total not-to-exceed contract amount of $2,588,250, and extend the contract for an additional one-year term; 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:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: The recommended Amendment No. 2 to the Professional Services Agreement with FCG Consultants, Inc., is in the amount of $1,988,250 for a total not-to-exceed contract amount of $2,588,250.

Of this total, $1,491,186 (75%) will be reimbursed by the San Bernardino County Flood Control District's (SBCFCD) Zone 1 Funds, and $49,707 (2.5%) will be reimbursed by the City of Chino for eligible construction support costs. The remaining $447,357 (22.5%) represents the City's share and will be 81 funded from Capital Projects-Measure Q Fund. If approved, additional appropriations will be included in future quarterly budget updates to the City Council as needed for the San Antonio Storm Drain Project.

BACKGROUND & ANALYSIS: The San Antonio Avenue Storm Drain Project is a regional Master Plan facility with a tributary drainage area of approximately 1,226 acres. The project is located along San Antonio Avenue, extending from the Sultana-Cypress Storm Drain in the City of Chino to Phillips Street, then easterly to Oakland Avenue in the City of Ontario, and includes major laterals on Philadelphia Street and Francis Street (see attached Exhibit A). The project consists of the installation of reinforced concrete pipe ranging from 24-inch to 102-inch diameter, reinforced concrete box structures ranging in size from 11 feet by 7.5 feet to 3 feet by 2 feet, construction of concrete channel connections and related improvements, catch basins, and other drainage appurtenances.

On December 23, 2025, the City received four qualified proposals from on-call consultants in response to a Task Order request for Construction Management, Inspection, Geotechnical Testing and Public Outreach Services for the San Antonio Storm Drain Project. The proposals results are listed below:

VENDOR LOCATION PROPOSED FEE PROPOSAL SCORE
Accenture Infrastructure and
Capital Projects, LLC
Irvine, CA $2,353,640 73
Danken Construction Engineering
Group
Mission Viejo, CA $3,701,700 47
FCG Consultants, Inc. Yorba Linda, CA $1,988,250 87
Z&K Consultants, Inc. Riverside, CA $2,729,505 78
A review team comprised of City staff, representatives from the City of Chino, and the San Bernardino County Flood Control District evaluated the proposals and made recommendations based on qualifications, understanding of the City’s needs, demonstrated experience with similar projects, and the criteria specified in the RFP.

Of the four consultants, the following two scored the highest and were selected to participate in interviews on January 29, 2026: FCG Consultants, Inc., and Z&K Consultants, Inc.

After careful evaluation of the written proposals and interviews, FCG Consultants, Inc., was determined to be the best overall qualified respondent. The firm demonstrated a broad range of expertise through the successful delivery of similar infrastructure projects for nearby municipal agencies in a timely manner. In addition, its construction management experience, collaborative approach, and familiarity with large storm drain facilities distinguished it from the other firms considered.

If approved, FCG Consultants, Inc., will provide construction management, inspection, geotechnical testing, and public outreach services for the duration of the construction phase of the San Antonio Storm Drain Project.
82 46700.00100\33287662.1
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO AND
FCG CONSULTANTS, INC.

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and FCG Consultants, Inc., a California S Corporation (“Consultant”). City and Consultant sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “OnCall Project Management Services” dated October 18, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the compensation by One Million Nine Hundred Eighty Eight Thousand Two Hundred Fifty Dollars and no cents ($1,988,250) for a total-not-to-exceed compensation of Two Million Five Hundred Eighty Eight Thousand Two Hundred Fifty Dollars and no cents ($2,588,250).

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections

3.2.1 of the Agreement.

3. Terms.

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

3.1.2 Term The term of this Agreement shall be from June 4, 2024 to June 4, 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 one additional one-year term. Consultant shall complete the Services within the term of this 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
83 Agreement, and shall meet any other established schedule and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2.1 Compensation Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million Five Hundred Eighty Eight Thousand Two Hundred Fifty Dollars and no cents ($2,588,250). without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

Page 2 of 3 ends

BB&K 2020
46700.00100\33287662.1 84
46700.00100\33287662.1

Page 3 of 3 ends

BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO
AND FCG CONSULTANTS, INC.

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

CITY OF ONTARIO FCG CONSULTANTS, 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
85 FCG Consultants Inc. - DBE City of Ontario
Construction Management & Inspection Services
Cost Proposal - December 23, 2025
Classification Hours Hourly Rate Cost
Pre-construction Phase (80 Working Days)
Construction Manager 300 $ 240.77 $ 72,231.84
Construction Inspector 50 $ 151.95 $ 7,597.28
Office Engineer 100 $ 105.19 $ 10,519.39
Subtotal (FCG Only) 450 $ 90,348.51
Construction Phase (400 Working Days)
Construction Manager 2000 $ 240.77 $ 481,545.60
Construction Inspector 3200 $ 151.95 $ 486,225.92
Office Engineer 1000 $ 105.19 $ 105,193.90
Subtotal (FCG Only) 6,200 $ 1,072,965.42
Post-Construction Phase (40 Working Days)
Construction Manager 100 $ 240.77 $ 24,077.28
Construction Inspector 50 $ 151.95 $ 7,597.28
Office Engineer 50 $ 105.19 $ 5,259.70
Subtotal (FCG Only) 200 $ 36,934.26
Misc. Expenses Months Monthly Cost Total
Vehicles $ - $ -
Labtops $ - $ -
Cell Phones $ - $ -
Office Supplies $ - $ -
Field Office $ - $ -
Subtotal (FCG Only) $ 1,200,248.19
G3 - Materials Testing $ 573,193.00
Public Outreach Westbound Communications $ 214,808.00
$ 1,988,249.19
Limitations & Conditions: Percent of Construction 5.94% Construction Management duration is estimated at for 400 WD's total.

Inspectors will be fully equipped with vehicles, computers, and tools and equipment required to perform their tasks.

Overtime and Weekend work is not included. Overtime is to be charged at 1.5 the above rate.

Cost proposal is subject to pervailing wage rates, and prvailing wage rate change for inspectors.

Misceleanous expenses includes stationeries and other items needed for CM team.

All costs are subject to negotiations.

Total Cost (NOT TO EXCEED)
San Antonio Storm Drain Improvements Project
86 N.T.S.

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. FOR EMERGENCY ON-CALL BOARD UPS AND ABATEMENT

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize Change Order #3 to the construction agreement with SLS Property Solutions Inc. of Santa Ana, CA for emergency board ups and abatements, extending the term of the agreement by one additional year and increasing the total not-to-exceed amount to $700,000 for the term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within authorization limits.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: Proposed Change Order No. 3 increases the agreement by $150,000 for a revised total not-to-exceed of $700,000. If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed in the General Fund and Housing Authority Fund for emergency on-call board ups and abatements.

BACKGROUND & ANALYSIS: On June 21, 2022, the City Council approved a Construction Agreement with SLS Property Solutions, Inc. of Santa Ana, CA, to perform emergency board up services and abatements. Various City Departments utilize their services to board-up public and private buildings damaged by fire, burglary, vandalism, and other causes, and to abate nuisance conditions on vacant lots identified through the Weed Abatement Program.

Change Order No. 1 was approved on April 24, 2024, to address an increase in demand for both board-up services and vacant lot abatement by increasing the not-to-exceed amount of the Agreement from $100,000 to $150,000 for Fiscal Years 2023-24 and 2024-25 and increased the total not-to-exceed amount from $300,000 to $400,000. Change Order No. 2, approved on June 3, 2025, extended the term of the agreement through Fiscal Year 2025-26 and increased the total not-to-exceed amount from $400,000 to $550,000.

Proposed Change Order No. 3 extends the term of the agreement by one additional year, increases the total not-to-exceed amount from $550,000 to $700,000, and amends the agreement terms to include a cancellation fee for on-call services.
88 89
BB&K (2024) 1 CONSTRUCTION CHANGE ORDER
46700.00100\40935197.1
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

CHANGE ORDER
Project: EMERGENCY ON-CALL BOARD-UPS AND

ABATEMENTS
Contract Date: July 1, 2022
Change Order Number: 3
Change Order Date:

To: SLS Property Solutions, 875 Iron Horse Dr, Ste A-271, Park City, UT 84060 THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK.

NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF ONTARIO.

The Contract is changed as follows:

Modify Exhibit “G” to include line item 15 and 16:

Calls that cancel before arrival at location, Flat Rate $176.23 Calls that cancel after arrival, Billing will be actual time from Port to Port for the appropriate time, day, and rate (per hour) $176.23 to $282.57
Attached as Exhibit A
Contractor agrees to furnish all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.

NOT VALID UNTIL SIGNED BY OWNER
In consideration of the change(s) described above, the Contract Price is adjusted as follows:

The original Contract Price was $300,000
Net change by previously authorized Change Orders $250,000 The Contract Price prior to this Change Order was $550,000 The Contract Price will be changed by this Change Order in the amount of $150,000 The new Contract Price including this Change Order will be $700,000 90 BB&K (2024) 2 CONSTRUCTION CHANGE ORDER
46700.00100\40935197.1
In consideration of the change(s) describe above, the Contract Time is adjusted as follows:

The Contract Time will be: increased decreased unchanged by 1 Fiscal Year The Contract Time prior to this Change Order was 4 Fiscal Years The new Contract Time including this Change Order will be 5 Fiscal Years Attachments: Exhibit A
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitutes the entire compensation and/or adjustment thereto due to Contractor, including direct, indirect, consequential, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the Work covered by this Change Order. By signing this Change Order, Contractor agrees to accept the amount of the adjustment to the Contract Price, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the Work covered by this Change Order.

Accepted:

(Signature) Sarah L Strader, President Date
Approved:

(Signature) Rudy Zeledon, Executive Director Community
Development

Date
Approved:

(Signature) Scott Ochoa, City Manager Date

91 Department: City Manager's Office
Prepared By: Ria M Pavia
Department:

Prepared By: Ria M Pavia
Staff Member Presenting: Jordan Villwock,
Deputy City Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT: APPROVAL TO SUBMIT ESTABLISHMENT DOCUMENTS TO CREATE THE ONTARIO

COMMUNITY AND YOUTH FOUNDATION, A CALIFORNIA NONPROFIT PUBLIC

BENEFIT CORPORATION

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager and City Attorney, or their designees, to execute and file the Articles of Incorporation and Bylaws for the Ontario Community and Youth Foundation, a nonprofit public benefit corporation, and authorize the completion, execution, and filing of all documents necessary to establish the organization as a tax-exempt entity under State and federal law.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is no direct fiscal impact associated with the creation of the nonprofit corporation. The Foundation will operate independently and will seek donations, grants, gifts, and other charitable contributions. No General Fund allocation is required for its establishment.

BACKGROUND & ANALYSIS: The City of Ontario prioritizes strengthening communities that need additional support and expanding access to lifelong educational opportunities. Meaningful community advancement requires sustained investment across educational, civic, economic, and social dimensions. Establishing the Ontario Community and Youth Foundation creates a structured and transparent mechanism to support these priorities and enhance the City’s ability to invest in communities that may require resources beyond traditional public funding.

The proposed Foundation will be organized as a California nonprofit public benefit corporation and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. The specific purposes of this Corporation are to: (1) support and strengthen the well-being of communities, with a focus on children, youth, seniors, and families; (2) promote educational opportunities, youth development, and lifelong learning; (3) address unmet community 92 needs and gaps in services that impact quality of life; (4) support programs, initiatives, and partnerships that enhance civic infrastructure and community capacity; and (5) engage in any other charitable and educational activities permitted under Section 501(c)(3) of the Internal Revenue Code that are consistent with these purposes.

The City’s regular funding supports essential services and established programs. At the same time, there are meaningful opportunities to expand our impact through scholarships, youth development efforts, community service initiatives, and other activities that directly benefit residents but are not always feasible within traditional municipal funding structures. In addition, experience locally and in surrounding communities has shown that unforeseen or time sensitive circumstances can arise that require flexibility beyond normal budget cycles. Establishing the Foundation allows the City to thoughtfully support community and youth initiatives while also strengthening its readiness to respond responsibly when emerging needs occur.

Through this nonprofit structure, the Foundation will be able to accept tax deductible donations, pursue private and philanthropic grants that are not typically available directly to municipalities, and partner with businesses and community members who want to invest in Ontario’s future. It also creates a formal avenue to support extraordinary or emerging community needs when they arise.

The Foundation is not intended to replace or duplicate existing City programs. Rather, it will serve as a complementary funding mechanism designed to reinforce Council priorities and support communities requiring additional investment or partnership.

As outlined in the proposed Bylaws, the Foundation will be governed by a Board of Directors consisting of no fewer than five and no more than nine members. The Board will include the City Manager, or the City Manager’s designee, who will serve as Chair; the Executive Director of Finance, or a designee who is an employee of the City’s Financial Services Department, who will serve as Treasurer; and the Assistant City Clerk, or a designee who is an employee of the City Clerk’s Department, who will serve as Secretary. These three officers will jointly appoint at least two qualified City employees and at least two qualified community members to serve on the Board.

Community member directors will serve two-year terms and may serve up to three consecutive terms. Directors may not be “interested persons” as defined under State law and will serve without compensation. The Foundation will operate with appropriate transparency, financial reporting, and compliance requirements consistent with nonprofit and State law. All assets of the Foundation will be irrevocably dedicated to charitable purposes and may not be used to the benefit of any private individual.

Establishing the Ontario Community and Youth Foundation provides the City with a responsible and transparent structure to leverage community partnerships and philanthropic support, protect public resources, and expand opportunity for residents while maintaining fiscal responsibility and alignment with Council priorities.
93 94
95 46700.10106\44608520.2
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BYLAWS
OF

ONTARIO COMMUNITY AND YOUTH FOUNDATION

A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION

ARTICLE I

ORGANIZATION

1.1 Name. The name of this corporation is ONTARIO COMMUNITY AND YOUTH FOUNDATION (“Corporation”).

1.2 Purpose. The Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The specific purposes of this Corporation are to: (1) support and strengthen the well-being of communities, with a focus on children, youth, seniors and families; (2) promote educational opportunities, youth development, and lifelong learning; (3) address unmet community needs and gaps in services that impact quality of life; (4) support programs, initiatives, and partnerships that enhance civic infrastructure and community capacity; and (5) engage in any other charitable and educational activities permitted under Section 501(c)(3) of the Internal Revenue Code that are consistent with these purposes.

1.3 Limitation on Corporate Activities. The Corporation is organized and operated exclusively for charitable purposes within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Code”). The Corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Code, or (b) by a corporation contributions to which are deductible under section 170(c)(2) of the Code.

1.4 Dedication of Assets. The property of this Corporation is irrevocably dedicated to charitable purposes, and no part of the net income or assets of this Corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the Corporation, none of the assets of the Corporation shall be distributable to any director, officer or member thereof or to the benefit of any private person and any assets remaining after payment or provision for payment, of all debts and liabilities of this Corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established and maintained its taxexempt status under Section 501(c)(3) of the Code, or to the City of Ontario, California, provided such assets are used for the purposes for which the Corporation was established.

1.5 Principal Office. The principal office for the transaction of the activities and affairs of this Corporation shall be located and maintained at 303 E. B Street, Ontario, California 91764.

The Board (as that term is defined in Section 3.2 of these Bylaws) is hereby granted full power and authority to change the location of the principal office of the Corporation from one location to another location in the City of Ontario or County of San Bernardino. Any such change shall be noted by the Secretary in these Bylaws, but shall not be considered an amendment of these Bylaws. 96 46700.10106\44608520.2
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The Corporation may also have offices at such other places, within or without San Bernardino County, as its business may require and as the Board may designate.

ARTICLE II

MEMBERS
The Corporation shall have no members as that term is defined by section 5056 of the California Corporations Code (“CCC”), and shall be governed solely by its Board in accordance with these Bylaws. Pursuant to section 5310(b) of the CCC, any action which would otherwise require approval by a majority of all members shall only require the approval of the Board. The Corporation may refer to persons or entities associated with it as “members” even though those persons or entities are not voting members, but no such reference shall constitute anyone a member within the meaning of section 5056 of the CCC.

ARTICLE III

BOARD OF DIRECTORS

3.1 General and Specific Powers. Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and subject to any limitations in the Articles of Incorporation or these Bylaws, the Corporation’s activities and affairs shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. Without limiting the generality of the foregoing, the Board shall have the power and authority to exercise this Corporation’s rights as member or shareholder of any other corporation, venture or entity in which this Corporation has an interest as a member, shareholder or otherwise.

In doing so, the Board may, by resolution authorize one (1) or more officers of this Corporation to represent this Corporation with respect to any matter to be acted upon by this Corporation as a member, shareholder or otherwise.

3.2 Directors.

3.2.1 Number. The authorized number of directors (“Directors”) of the board of directors (“Board”) of the Corporation shall be not less than five (5) or more than nine (9), the exact number to be fixed by resolution adopted by the Board, provided that any amendment which reduces the number of Directors shall not have the effect of terminating the unexpired term of any Director. The exact number of Directors initially authorized shall be seven (7) until changed within the limits specified herein by a duly adopted resolution of the Board.

3.2.2 Designated Directors. The Board shall be composed of the following:
(a) the City Manager of the City of Ontario, California (“City”), or the City Manager’s designee, during the tenure of the City Manager; (b) the Executive Director of Finance, or a designee who shall be an employee of the City’s Financial Services department, during the Executive Director of Finance 97 46700.10106\44608520.2
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or the designee’s term of employment, unless otherwise replaced by the Executive Director of Finance;
(c) the Assistant City Clerk, or a designee who shall be an employee of the City’s City Clerk department, during the Assistant City Clerk’s or designee’s term of employment, unless otherwise replaced by the Assistant City Clerk;
(d) at least two (2) qualified community members, who shall be appointed by a majority vote of the three (3) Directors identified in subsections (a) through (c) above; (e) at least two (2) qualified City employees, who shall be appointed by a majority vote of the three (3) Directors identified in subsections (a) through (c) above.

The number of community member Directors and City employee Directors under subsections (d) and (e) may be reduced to one (1) each if the overall number of Directors is reduced under Section

3.2.1. 3.3 Qualifications and Term of Office.

3.3.2 Qualifications. All Directors shall be natural persons who (a) have a demonstrated interest in the purposes of the Corporation; and (b) are generally available to manage and direct the affairs of the Corporation.

3.3.3 Term of Office. The term of each Director who is a community member and a qualified City employee shall be two (2) years. Each Director who is a community member shall be eligible to serve up to three (3) consecutive terms.

3.3.4 Vacancy During Term of Office. A vacancy occurring in the office of a Director appointed by the Directors identified in 3.2.2(a)–(c) may be filled by such Directors for the balance of the unexpired term and until a successor has been elected and qualified.

3.4 Interested Persons. None of the individuals serving on the Board may be “interested persons.”

3.4.1 As used in this Section 3.4, an “interested person” means:
(a) Any person compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a Director for his/her service as Director; and
(b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person.

3.4.2 Any violation of the provisions of this Section 3.4 shall not affect the validity or enforceability of any transaction entered into by the Corporation. 98 46700.10106\44608520.2
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3.5 Resignations of Directors. Except as provided in these Bylaws, any Director may resign by giving written notice to the Chair or the Secretary. The resignation shall be effective when the notice is given unless it specifies a later time for the resignation to become effective. If a Director’s resignation becomes effective at a later time, a successor may be appointed or elected to take office as of the date when the resignation becomes effective.

3.6 Removal of Directors. A Director who is a community member may be removed from office, with or without cause, by the vote of the majority of the Board.

3.7 Vacancies. A vacancy on the Board shall exist on the occurrence of the following:
(a) the death, disqualification, resignation, suspension, expulsion or termination of any Director; (b) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of any court, convicted of a felony or found by final order of judgment of any court to have breached a duty under Article 3 of Chapter 2 of Division 3 of the CCC; or (c) the increase in the authorized number of Directors.

3.7.1 Removal of a Director for one or more of the reasons listed in (b) above may be initiated by any member of the Board.

3.7.2 A vacancy on the Board shall be filled in the same manner of selection as that used to select the Director whose office is vacant for the balance of the unexpired term and until a successor has been elected and qualified.

3.7.3 No reduction in the authorized number of Directors shall have the effect of removing any Director prior to the expiration of the Director’s term of office.

3.8 Compensation of Directors. Directors shall receive no compensation for their services as Directors of the Corporation. However, they shall be entitled to receive such just and reasonable reimbursement of expenses as may be determined by the Board.

3.9 Inspection Rights of Directors. Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation during normal weekday business hours. If a Director wishes to be accompanied by an attorney during such inspection, then the inspection will be scheduled at a time when the Corporation’s attorney will be present.

3.10 Standard of Care. A Director shall perform the duties of a director, including duties as a member of any committee of the Board on which the Director may serve, in good faith, in a manner such Director believes to be in the best interest of the Corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. In performing the duties of a Director, a Director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared and presented by:
(a) One or more officers or employees of the Corporation whom the Director believes to be reliable and competent in the matters presented; 99 46700.10106\44608520.2
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(b) Counsel, independent accountants or other persons as to matters which the Director believes to be within such person’s professional or expert competence; or
(c) A committee of the Board upon which the Director does not serve, as to matters within its designated authority, which committee the Director believes to merit confidence, as long as, in any such case, the Director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted.

A person who performs the duties of a Director in accordance with the above shall have no liability based upon any failure or alleged failure to discharge that person’s obligations as a Director.

ARTICLE IV

MEETINGS OF THE BOARD

4.1 In General. To the extent possible, all meetings of the Governing Board shall be held in accordance with the requirements of the Ralph M. Brown Act as set forth in Section 54950 et seq. of the California Government Code (“Brown Act”) and all other requirements under the CCC.

4.2 Place of Meetings. Unless specified otherwise, meetings of the Board shall be held at the principal office of the Corporation.

4.3 Annual Meetings. The annual meeting of the Board (“Annual Meeting”) shall be held each year on a date and at a time designated by resolution of the Board. The Annual Meeting shall be held for the purpose of organization, election of officers, adoption of the budget, and the transaction of such other business as may properly be brought before the meeting.

4.4 Regular Meetings. Regular meetings of the Board shall be held on such date and time as the Board shall determine from time to time. The Board shall hold at least four (4) regular meeting each fiscal year.

4.5 Notice of Regular Meetings. Notice and agenda of all regular meetings of the Board shall be published at least 72 hours before the regular meeting, in accordance with the Brown Act.

Notice and agenda of all regular meetings shall be given to each Director by (a) personal delivery of written notice; (b) first-class mail, postage prepaid; (c) telephone, including a voice messaging system or other system or technology designed to record and communicate messages; (d) facsimile; (e) electronic mail; or (f) other electronic means. Notices sent by first-class mail shall be deposited in the United States mail at least four (4) business days before the time set for the meeting. Notices given by personal delivery, telephone or electronic transmission shall be delivered, telephoned or sent, respectively, at least two (2) business days before the time set for 100
46700.10106\44608520.2
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the meeting. The notice shall state the time of the meeting and the place, if the place is other than the Corporation’s principal office.

4.6 Special Meetings. Special meetings of the Board for any purpose or purposes may be called by the Chair, Secretary or any two Directors.

4.7 Notice of Special Meetings. Notice of the time and place of special meetings as well as all business to be transacted or discussed shall be published at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting. Notice shall be given to each Director by (a) personal delivery of written notice; (b) first-class mail, postage prepaid; (c) telephone, including a voice messaging system or other system or technology designed to record and communicate messages; (d) facsimile; (e) electronic mail; or (f) other electronic means. All such notices shall be given or sent to the Director’s address or telephone number as shown on the Corporation’s records. Notices sent by first-class mail shall be deposited in the United States mail at least four (4) days before the time set for the meeting. Notices given by personal delivery, telephone or electronic transmission shall be delivered, telephoned or sent, respectively, at least forty-eight (48) hours before the time set for the meeting. The notice shall state the time of the meeting and the place, if the place is other than the Corporation’s principal office.

4.8 Waiver of Notice. Written notice may be dispensed with as to any Director who, at or prior to the time the meeting convenes, files with the Secretary a written waiver of notice, a written consent to the holding of the meeting, an approval of the minutes of the meeting, or who is actually present at the meeting when it convenes. All such waivers, consents and approvals shall be made a part of the minutes of the meeting.

4.9 Conduct of Meetings. Meetings of the Board shall be presided over by the Chair, or in his or her absence, by the Secretary.

4.10 Quorum. A majority of the authorized number of Directors then in office shall constitute a quorum for the transaction of any business except adjournment.

4.11 Required Vote of Directors.

4.11.1 In General. Every action taken or decision made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be an act of the Board, subject to the more stringent provisions contained in these Bylaws or provided of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to: (a) approval of contracts or transactions in which a Director has a direct or indirect material financial interest; (b) approval of certain transactions between corporations having common directorships; (c) creation of and appointments of committees of the Board, and (d) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for such meeting or such greater number as is required by the Articles of Incorporation, these Bylaws or by law. 101
46700.10106\44608520.2
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4.11.2 Greater Vote Required. Notwithstanding Section 4.11.1, the amendment, or repeal of these Bylaws or adoption of new bylaws, and the amendment or restatement of the Articles of Incorporation, requires the approval of two-thirds (2/3) of the authorized number of Directors.

4.12 Adjournment. A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given unless the original meeting is adjourned more than twenty-four (24) hours, in which case notice of any adjournment to another time and place shall be given, before the time of the adjourned meeting, to the Directors who were not present at the time of the adjournment.

ARTICLE V

COMMITTEES OF THE BOARD

5.1 Committees.

5.1.1 Generally. Except as limited by Section 5.2 of these Bylaws, the Board may by resolution adopted by a majority of the Directors then in office, designate one or more committees for any purposes and delegate to such committees any of the powers and authorities of the Board to the extent permitted by section 5212 of the CCC. All such committees shall consist of a number of Directors that will be determined by the Board as committees are established.

5.1.2 Committee Members. The chairperson and members of each special or advisory committee, except as otherwise provided by the Board or by these Bylaws, shall be appointed annually by the Board and may be removed by majority vote of the Directors then in office. Vacancies on any committee may be filled for the unexpired portion of the term in the same manner as provided in the case of original appointment.

5.1.3 Standing Committees.
(a) Budget, Finance, and Audit Committee. This committee shall be composed of at least two elected Directors and other person(s) who the Board determines to have expertise in these matters. This committee shall make reports and recommendations to the Board concerning: the establishment of investment policies for the Corporation; the investment of Corporation funds; the selection of financial institutions to serve as depositories for funds; the selection of financial advisors; the development of operating and other budget for the Corporation; and the oversight of accounting for the Corporation. The audit side of this committee will ensure compliance and review the control systems of the Corporation and supervise external financial reporting.
(b) Administrative Committee. This committee shall be composed of at least two elected Directors and other person(s) who the Board determines to have expertise in these matters. This committee shall organize the meetings of the Board, shall be responsible for 102
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the orientation of any retreats, and be responsible for any campaigns, marketing and branding for the Corporation.

5.1.4 Quorum; Meetings. Each committee shall meet as often as necessary to perform its duties, at such times and places as directed by its chairperson or by the Board. A majority of the members of a committee shall constitute a quorum of such committee and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. Each committee shall keep accurate minutes of its meetings, the chairperson designating a secretary of the committee for this purpose, and shall make periodic reports and recommendations to the Board.

5.1.5 Expenditures. Except as may otherwise be provided by the Board or by these Bylaws, any expenditure of corporate funds by a committee shall require prior approval of the Board.

5.2 Limitation on Delegation. In accordance with the CCC, the Board may not delegate any power of final action to any committee not composed entirely of Directors, and may not delegate to any committee the following powers:
(a) the filling of vacancies on the Board or on any committee which has the authority of the Board;
(b) the fixing of compensation of the Directors for serving on the Board or on any committee;
(c) the amendment or repeal of Bylaws or the adoption of new Bylaws; (d) the amendment or repeal of any resolution of the Board which by its express terms is not so amendable or repealable;
(e) the appointment of committees of the Board or the members thereof; (f) the expenditure of corporate funds to support a nominee for Director after there are more persons nominated for Director than can be elected; or (g) the approval of any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as special approval is provided for in section 5233(d)(3) of the CCC.

5.3 Advisory Committees. Advisory committees may be appointed from time to time by the Board. Advisory committees’ membership may consist of Directors only, both Directors and nondirectors, or nondirectors only. Advisory committees have no legal authority to act for the Corporation, shall serve only in an advisory capacity and shall report their findings and recommendations to the Board.

ARTICLE VI
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OFFICERS

6.1 Officers. The officers of this Corporation shall be a Chair, Secretary and Treasurer.

The Board may establish such other offices as it shall deem advisable. Additional officers so elected shall hold office for such period and shall have such powers and duties as the Board may authorize from time to time. Any number of offices may be held by the same person, except that neither the Secretary nor the Treasurer may serve concurrently as the Chair. No officer shall execute, acknowledge, or verify any instrument in more than one capacity, if such instrument is required to be executed, acknowledged or verified by two (2) or more officers.

6.1.1 Chair. The City Manager, or their designee, shall serve as the Chair. The Chair shall preside at all meetings of the Board and exercise and perform such other powers and duties as the Board may assign from time to time. The Chair may also be designated by the alternate titles of “President” or “Chief Executive Officer”.

6.1.2 Secretary. The Director employed as a City Clerk department staff member shall serve as Secretary. In the absence of the Chair, the Secretary shall preside at meetings of the Corporation. The Secretary shall keep or cause to be kept, at the Corporation’s principal office or such other place as the Board may direct, a book of minutes of all meetings, proceedings and actions of the Board, and of meetings of committees of the Board. The minutes of meetings shall include the time and place that the meeting was held; whether the meeting was annual, regular or special, and if special, how authorized; the notice given; and the names of persons present at Board and committee meetings. The Secretary shall keep or cause to be kept written waivers of notice of meetings; written consents to holding meetings, written approval of minutes of meetings; and unanimous written consents of action of the Board without a meeting. The Secretary shall keep or cause to be kept, at the principal office of the Corporation, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board that these Bylaws require to be given. The Secretary shall have such other powers and perform such other duties as the Board or these Bylaws may require.

6.1.3 Treasurer. The Director employed as a City Financial Services department staff member shall serve as the Treasurer. The Treasurer shall keep and maintain, or cause to be kept, and maintained adequate and correct books and accounts of the Corporation’s properties and transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses.

The Treasurer shall send, or cause to be given, to the Directors such financial statements and reports as are required to be given by law, by these Bylaws or by the Board. The books of account shall be open to inspection by any Director at all reasonable times. The Treasurer shall (i) deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as the Board may designate; (ii) disburse the Corporation’s funds upon a check or draft of the Corporation signed pursuant to the order of the Board; (iii) render to the Chair and the Board, when requested, an account of all transactions as Treasurer and of the financial condition of the Corporation; and (iv) have such other powers and perform such other duties as the Chair, Board or these Bylaws may require. The Treasurer may also be designated by the alternate title “Chief Financial Officer” if the Corporation does not obtain the services of an individual to serve as its chief financial officer. 104
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6.2 Election; Removal; and Term of Office.

6.2.1 Election. The officers of the Corporation shall be elected by the Board at its Annual Meeting.

6.2.2 Term of Office. Each officer shall hold office for one (1) year at the pleasure of the Board and until his or her successor shall be selected and qualified to serve.

6.2.3 Removal. Any officer may be removed from office at any time by the Board, with or without cause or prior notice.

6.2.4 Resignation. Any officer may resign at any time upon written notice to the Board, and such resignation is effective upon receipt of the written notice by the Board unless the notice prescribes a later effective date or unless the notice prescribes a condition to the effectiveness of the resignation.

6.2.5 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled for the unexpired term at any meeting of the Board.

ARTICLE VII

INDEMNIFICATION

7.1 Indemnification. The Corporation shall indemnify a Director, officer, or employee under the provisions of section 5238 of the CCC, or pursuant to any contract entered into with any employee who is not an officer or Director.

7.2 Advance of Expenses. Expenses incurred in defending any proceeding may be advanced by the Corporation as authorized in section 5238 of the CCC prior to the final disposition of such proceeding, upon receipt of an undertaking by or on behalf of the Director, officer or employee to repay such amount unless it shall be determined ultimately that the Director, officer or employee is entitled to be indemnified.

7.3 Insurance. The Corporation shall purchase and maintain insurance on behalf of any Director, officer or employee of the Corporation against any liability asserted against or incurred by the Director, officer or employee in such capacity or arising out of the Director’s, officer’s or employee’s status as such, whether or not the Corporation would have the power to indemnify the Director, officer or employee against such liability under the provisions of section 5238 of the CCC.

ARTICLE VIII

AMENDMENTS

8.1 Amendment of Articles. The amendment or restatement of the Articles of Incorporation of the Corporation is provided for by California state law and requires the approval 105
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of two-thirds (2/3) of the Directors of the Corporation, a majority of the City Council of the City, and the filing of a certificate of amendment with the Secretary of State.

8.2 Amendment of Bylaws. These Bylaws may be amended or repealed, or new bylaws may be adopted, only by approval of two-thirds (2/3) of the Directors of the Corporation, subject to the written consent of the City Council of the City. Any conflict between these Bylaws and the Articles of Incorporation shall be resolved in favor of the Articles of Incorporation.

ARTICLE IX

RECORDS

9.1 Minute Book. The Corporation shall keep or cause to be kept a minute book which shall contain:
(a) The record of all meetings of the Board including date, place, those attending and the proceedings thereof, a copy of the notice of the meeting and when and how given, written waivers of notice of meeting, written consents to holding meeting, written approvals of minutes of meeting, and unanimous written consents to action of the Board without a meeting, and similarly as to meetings of committees of the Board established pursuant to these Bylaws. (b) A copy of the Articles of Incorporation, and all amendments thereof, and a copy of all certificates filed with the Secretary of State; and (c) A copy of these Bylaws, and all amendments hereof, duly certified by the Secretary.

9.2 Financial Statements; Annual Report.

9.2.1 Financial Statements. Financial statements shall be prepared as soon as reasonably practicable after the close of the fiscal year, but not later than the fifteenth (15th) day of the fourth (4th) month after the close of said fiscal year. The financial statements shall contain in appropriate detail the following: (i) a balance sheet for the Corporation as of the end of the fiscal year; (ii) an income statement for the same period; and (iii) a statement of cashflows for that same period.

9.2.2 Annual Report to Directors. An annual report, including the financial statements prescribed by Section 9.2.1 of these Bylaws, shall be furnished annually to all Directors within 120 days after the end of the Corporation’s fiscal year and shall include any information required by Section 9.3 of these Bylaws. The financial statements included with the annual report shall be accompanied by a report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the Corporation that such statements were prepared without audit from the books and records of the Corporation. If the Board approves, the Corporation may send the report and any accompanying material sent pursuant to this Section 9.3 by electronic transmission.
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9.2.3 Exception. Notwithstanding Sections 9.2.1 and 9.2.2, the requirement of a financial statement and an annual report shall not apply if the Corporation receives less than $10,000 in gross revenues or receipts during the fiscal year, provided, however, that the information specified above for inclusion in an annual report must be furnished annually to all Directors who request it in writing.

9.3 Report of Transactions and Indemnifications. As part of the annual report to all Directors required by Section 9.2.2 of these Bylaws, or a separate document if no annual report is issued, the Corporation shall annually prepare and mail, deliver or send by electronic transmission to all Directors a statement of any transaction between the Corporation and one of its officers or Directors or of any indemnification paid to any officer or Director. The statement shall be mailed within 120 days after the close of the fiscal year. The statement required by this Section shall describe briefly:

9.3.1 Covered Transactions. Any covered transaction during the previous fiscal year involving more than Ten Thousand Dollars ($10,000), or which was one of a number of covered transactions in which the same “interested person” had a direct or indirect material financial interest, and which transactions in the aggregate involved more than Ten Thousand Dollars ($10,000). The names of the “interested persons” involved in such transactions, stating such person’s relationship to the Corporation, the nature of such person’s interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a transaction with a partnership of which such person is a partner, only the interest of the partnership need be stated.

9.3.2 Indemnifications. The statement shall describe briefly the amount and circumstances of any indemnifications or advances aggregating to more than Ten Thousand Dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation pursuant to section 5238 of the CCC.

For purposes of this Section 9.3, an “interested person” is (i) any Director or officer of the Corporation, or its parent or subsidiary; and (ii) any holder of more than 10 percent (10%) of the voting power of the Corporation, its parent or subsidiary.

9.4 Periodic Regulatory Filings.

9.4.1 Secretary of State. In accordance with section 6210 of the CCC, the Corporation shall file a statement of information, in the form required by the Secretary of State, every two years from the date of its incorporation. The statement must be filed no earlier than August 1 and no later than January 31 of the year in which the filing is required. In addition, the Corporation must also file a statement if at any time before the required biennial filing is due the information provided in the previously filed statement has changed.

9.4.2 Attorney General. Within thirty (30) days of first receiving property, the Corporation shall file with the Attorney General an initial registration form, setting forth such information and attaching documents prescribed in accordance with rules and regulations of the Attorney General. Thereafter, the Corporation shall renew its registration annually within four (4) months and fifteen (15) days after the end of the fiscal year. 107
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ARTICLE X

MISCELLANEOUS

10.1 Accounting Year. The accounting year of the Corporation shall end on the 30th day of June of each year.

10.2 Bonding. All Directors, officers or employees handling funds shall be properly bonded, if so required by the Board.

10.3 Self-Dealing. In the exercise of voting right by Directors, no Director shall vote on any issue, motion or resolution which directly or indirectly inures to his or her benefit financially, except that such Director may be counted in order to qualify a quorum and, except as the Board may otherwise direct, may participate in a discussion on such an issue, motion or resolution if he or she first discloses the nature of his or her interest subject to the applicable provisions of the CCC.

10.4 Gifts and Donations. The Board may accept on behalf of the Corporation any contributions, gifts, bequests or devises for the general purpose or for any special purpose of the Corporation not in violation of the Corporation’s Articles of Incorporation.

10.5 Contracts. Unless otherwise set forth in these Bylaws the Board may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances.

10.6 Checks; Drafts; etc. Except as otherwise set forth in these Bylaws, all checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation, shall be signed by such officer or officers, agent or agents, of the Corporation and in such manner as shall from time to time be determined by resolution of the Board.

10.7 Conflicts of Interest. The Corporation, through its Board, may promulgate from time to time a conflict of interest policy and other policies according to the current law then in effect to be adhered to by its officers and Directors.

10.8 Inspection of Articles and Bylaws. The Corporation shall keep at its principal executive office in California the original or a copy of its Articles of Incorporation endorsed and certified by the Secretary of State and its Bylaws certified by the Secretary, as amended or otherwise altered to date, which shall be open to inspection by Directors at all reasonable times during office hours.

10.9 Inspection by Public. In accordance with section 6104 of the Code, copies of the Corporation’s application for tax exemption and any papers submitted in support of such application shall be made available by the Corporation for inspection at the request of any individual during regular business hours at the Corporation’s principal place of business and at 108
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any regularly maintained regional or district office of the Corporation having three or more employees.

10.10 Interpretation and Construction. Any conflict between these Bylaws and the Articles of Incorporation shall be resolved in favor of the Articles of Incorporation. Unless the context requires otherwise, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws.

10.11 Dissolution. The Corporation shall not be voluntarily dissolved, except by approval of the Board. In the event of dissolution of the Corporation in any manner and for any cause, after the payment or adequate provision for the payment of all of its debts and liabilities, all of the remaining funds, assets and properties of the Corporation shall be paid or distributed as provided for in the Articles of Incorporation.

10.12 Rules of Order. The Modern Rules of Order shall be the parliamentary law of all proceedings of the Board and all committees. Notwithstanding the foregoing, failure to follow the Modern Rules of Order at any meeting shall not affect the validity of any corporate action otherwise in compliance with the CCC and this Corporation’s Articles of Incorporation, these Bylaws and applicable corporate resolutions.

10.13 Job Descriptions and Policies. Notwithstanding any other provision in these Bylaws to the contrary, the Board may, at its option, implement job descriptions and policies for Directors, committee members, officers and other employees. 109
46700.10106\44608520.2

CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify:

1. That I am the duly elected and acting Secretary of THE ONTARIO COMMUNITY AND YOUTH FOUNDATION, a California nonprofit public benefit corporation (“Corporation”); and

2. That the foregoing Bylaws, comprising thirteen (13) pages, constitute the Bylaws of said Corporation, as duly approved by the Board of Directors of said Corporation at a meeting duly held on ______________________.

IN WITNESS WHEREOF, I have hereunto subscribed my name this _______ day of _______________, ____________.
_____________________________
_____________________, Secretary
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Department: Police Department
Prepared By: Celeste Owens
Department:

Prepared By: Celeste Owens
Staff Member Presenting: Rudy Lopez, Chief of
Police
Approved By:

OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF

TRANSPORTATION AND THE CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute an Encampment Delegated Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans) to specific maintenance functions.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: The State of California shall reimburse the City of Ontario for the actual costs of maintenance services satisfactorily performed under the Agreement. Reimbursement shall not exceed $400,000 with a maximum reimbursement of $50,000 per quarter, unless otherwise approved in writing by California Department of Transportation (Caltrans). All reimbursable costs will be processed in accordance with Caltrans requirements. No additional impact to the City General Fund is anticipated.

BACKGROUND & ANALYSIS: The City of Ontario and the State of California, acting through the California Department of Transportation (Caltrans), entered into a Delegated Maintenance Agreement on March 17, 1994. The agreement allows the City to perform certain maintenance services within State highway right-of-way located within City limits, in accordance with Caltrans standards. Maintenance operations include the removal of encampments, litter, and debris.

Approval of the proposed agreement will allow the City of Ontario to continue providing these delegated maintenance services while receiving reimbursement from the State, ensuring continuity of services and ongoing compliance with Caltrans requirements. 111
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Department: Human Resources
Prepared By: Amanda Elias
Department:

Prepared By: Amanda Elias
Staff Member Presenting: Angela C. Lopez,
Executive Director Human Resources
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GEORGE HILLS COMPANY, INC. FOR THIRD-PARTY ADMINISTRATION SERVICES FOR

LIABILITY CLAIMS

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with George Hills Company, Inc. of Rocklin, California, for third-party administration services for liability claims, extend the term by two years, and increase compensation by $371,567, for a total not-to-exceed amount of $850,315.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The proposed Amendment No. 1 increases the Agreement amount by $371,567, for a revised total not-to-exceed amount of $850,315 five-year term. If approved, the additional appropriations will be included in the General Liability fund at a future quarterly budget update to the City Council for approval as needed.

BACKGROUND & ANALYSIS: The City of Ontario operates a self-insured liability claims program managed by George Hills Company, Inc. (George Hills), a third-party administrator. George Hills provides services that include monitoring all liability claims, establishing and adjusting financial reserves, coordinating litigation management, processing claim expense payments, processing subrogation claims, and ensuring compliance with applicable California statutes and liability laws.

On December 6, 2022, the City Council authorized a Professional Services Agreement with George Hills for a not-to-exceed amount of $478,748 for a three-year term, following a competitive Request for Proposal process conducted in July 2022.

Since the Agreement began on January 1, 2023, the City has experienced a sustained increase of more than 30 percent in liability claim volumes, driven by continued growth in City operations, 133
infrastructure, and public-facing services. This increase has required additional resources for claims administration and expanded coordination with City departments and legal counsel to maintain timely and effective claims handling.

Amendment No. 1 proposes an increase in total compensation to address increased service demands and associated workload and to extend the Agreement's term for an additional two-year period. Given that the prior Agreement expired on January 1, 2026, the new Agreement will be backdated to January 1, 2026, ensuring uninterrupted access to George Hills’ services.

City Staff recommends that the City Council approve Amendment No. 1 to ensure continuity of experienced claims administration services, support timely and compliant management of liability claims, and align the agreement structure with the City’s evolving operational risk management needs.
134
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. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
GEORGE HILLS COMPANY, INC.

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and George Hills Company, Inc., an S Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “ThirdParty Liability Claims Administration Services” dated January 1, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term and increase compensation by $371,567 for a new not-to-exceed amount of $850,315.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section

3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Sections 3.1.2 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:

3.1.2 “Term. The term of this agreement shall be from January 1, 2023, to December 31, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.”
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BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

3.2.1 “Compensation. Consultant shall receive compensation, including authorized reimbursement, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation amount shall be increased by three hundred seventy-one thousand five hundred sixty-seven dollars ($371,567), for a total amount not to exceed eight hundred fifty thousand three hundred fifteen dollars ($850,315) without the 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 “B” Compensation is hereby deleted in its entirety and replaced with Attachment “B” Compensation attached hereto and incorporated herein by reference.

Exhibit “C” Compensation is hereby attached in its entirety and replaced with Attachment “C” Compensation attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND GEORGE HILLS COMPANY, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO GEORGE HILLS COMPANY, 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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46700.00100\40935195.1
BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT "B"

SCHEDULE OF SERVICES
Consultant will invoice City on a monthly cycle using a standard format invoice. Consultant will inform City regarding any out-of-scope work, not listed below, being performed by the Consultant.

GENERAL ADMINISTRATIVE FEES: Pricing is based on the current average of 199 claims.

Should the claim volume change more than 10% in frequency in a year, George Hills will request reevaluation of pricing.

Year 1 Year 2 Year 3 Year 4 Year 5
Claims Administration/
Management Fee $139,000 $143,250 $154,800 $170,250 $183,015 Annual Admin Fee $10,000 $10,000 $10,000 $10,000 $10,000 CMS Fee (ExamWorks) $500 $500 $500 $500 $500
Startup Fee (Year 1 only) $7,500
Total $157,000 $153,750 $165,300 $180,750 $193,515
Grand Total $850,315

TIME AND EXPENSE FOR ADDITIONAL WORK
The above fee schedule for the services does not include “Allocated Expenses”, defined to mean customary and usual costs and expenses incurred and/or paid by the Consultant on the City’s behalf in connection with the investigation, adjustment, settlement, or defense of a claim. Such costs and expenses include, but are not limited to, professional photography, police reports, independent medical examinations, professional engineering services, laboratory services, bulk copy jobs, private investigators, legal costs and fees, and work performed by accountants.

Consultant shall charge the City for non-staff investigators or adjusters when, in the opinion of the Consultant, such assistance is necessary and reasonably related to the monetary exposure.

Allocated Expenses do not include the fees payable to the Consultant pursuant to the fee schedule in this, nor the salaries, wages, or benefits paid to the Consultant’s employees or office, and other overhead expenses associated with the performance of the services hereunder by the Consultant. The City agrees to pay for the cost of all reasonable and supportable Allocated Expenses incurred in connection with the services under this Agreement. Including adjuster travel expenses for mediations, settlement conferences, and trials, subject to prior approval.

Charges for non-file-related professional services performed at the specific request of the City will be billed on an as quoted basis.

Claims Supervisor: $131/hour *
Sr. Claims Adjuster: $115/hour*
Claims Adjuster: $108/hour *
Claims Processor: $89/hour *
*Prices are subject to annual escalation not to exceed 5%. 138
46700.00100\40935195.1
BB&K (2024) Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT Mileage traveled by Supervisor/Adjuster/Processor is reimbursed at the current IRS rate.

Annual CMS/Medicare Reporting Fee (paid to ExamWorks) - $500/year CMIS access fee (up to 5 users) Included
Custom reports, if they exceed three hours and are client-specific - $185/hour

ALLOCATED FILE EXPENSES
Catastrophic Pricing: Current hourly rate (clause only in place for catastrophic, dire circumstances, such as wildfire, flood, riot, as mutually agreed upon by the Consultant and the City).

Termination Fee: In the event of Agreement termination, George Hills’ procedures and cost for run‐off claims will be billed at the current hourly rate, no charge for historical loss summaries -------------------------------------------------------------------------------------------------------------------------------

ELECTRONIC FUNDS TRANSFER OR DIRECT DEPOSIT

1. The Consultant has determined that the most efficient and secure default form of payment for goods and/or services provided under Agreement with the City shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by both the Consultant and the City and agreed to in writing.

2. The Consultant will submit a direct deposit authorization request via to the City with banking and vendor information, and any other information that the City determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

3. At any time during the duration of the Agreement, the Consultant may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and the Consultant will explain why the payment method designated by the City is not feasible and an alternative is necessary. 139
46700.00100\40935195.1
BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT ATTACHEMENT "C"

COMPENSATION
The total compensation shall not exceed eight hundred fifty thousand three hundred fifteen dollars ($850,315) for the five-year term from January 1, 2023, to December 31, 2028. 140
Department: Police Department
Prepared By: Lizceth Zazueta
Staff Member Presenting: Rudy Lopez, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT: ADOPTION OF AN ORDINANCE ADDING CHAPTER 34 (FLAVORED TOBACCO; NITROUS OXIDE) TO TITLE 5 (PUBLIC WELFARE, MORALS AND CONDUCT) OF THE

ONTARIO MUNICIPAL CODE, PROHIBITING THE SALE OF FLAVORED TOBACCO

AND NITROUS OXIDE WITHIN THE CITY

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an Ordinance prohibiting the sale of flavored tobacco, oil burners, nitrous oxide, and certain kratom products within the City.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT: There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: In 2020, the California Legislature passed, and the Governor approved, Senate Bill 793, which enacted a statewide prohibition on the sale of flavored tobacco products to a person under 21 years of age. Despite that prohibition, the City has continued to see a rise in the use of flavored tobacco products. Moreover, the City has similarly seen an increase in the recreational use and abuse of nitrous oxide, an odorless, colorless chemical that can be inhaled and is often colloquially known as "laughing gas," "NOX," "galaxy gas," or "whippits". Nitrous oxide is legitimately used as a pain reliever and sedative for dental and medical procedures, as a performance enhancer for cars, and as a culinary ingredient. While it is unlawful to inhale nitrous oxide recreationally or provide nitrous oxide to another when a seller knows, or should know, that the buyer intends to inhale or ingest the substance recreationally, it is prevalent in smoke shops as sellers use a "Don't ask, don't tell" approach. The proposed Ordinance empowers law enforcement to address issues related to flavored tobacco products and nitrous oxide. The Ordinance goes further than the restrictions imposed by SB 793, prohibiting entirely the sale of flavored tobacco products within City limits. As part of that ban, the Ordinance would prohibit the sale or display of so-called "oil burners" which are a glass smoking pipe used to inhale vaporized oils or other concentrates. The Ordinance also imposes a similar ban on nitrous oxide, with exceptions for legitimate uses as permitted under State law. Kratom and 7-OH Products: Kratom is a tropical tree native to Southeast Asia. Kratom leaves contain psychoactive compounds, including mitragynine and 7-hydroxymitragynine, which can produce stimulant effects at low doses and sedative effects 141
at high doses. According to the Drug Enforcement Administration (DEA) and the National Institutes of Health (NIH), kratom use has been associated with a range of adverse health impacts, including psychotic symptoms, dependence, and numerous side effects such as nausea, vomiting, sweating, tachycardia, seizures, hallucinations, and hepatotoxicity. According to the DEA, the abuse of kratom has increased markedly in recent years. Although kratom is often marketed for relief of pain, anxiety, opioid withdrawal, and fatigue, there are no FDA-approved medical uses for the substance.

The FDA continues to monitor reports of adverse events, and current data suggest kratom's opioidlike properties may expose users to risks of addiction, abuse, and dependence. Kratom is not currently regulated at the federal level, nor is it prohibited statewide in California. The proposed Ordinance would prohibit the sale or distribution of kratom or 7-OH products: 1. To a person under the age of 21 2. with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids; and 3. with packaging that makes a kratom or 7-OH product attractive to children.

A number of California cities and counties have adopted similar ordinances prohibiting the sale and distribution of kratom and 7-OH, including: Orange County, Riverside County, Newport Beach, San Diego, and Oceanside. Violations of the Ordinance would be declared a nuisance, subject to the nuisance abatement process, and would be punishable as a misdemeanor under the City's Code.

Businesses engaged in the unlawful sale of flavored tobacco products, oil burners, nitrous oxide, or kratom products would be grounds for revocation of a business license. ENVIRONMENTAL IMPACT:

The proposed action is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) in that the proposed Ordinance is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 34 (FLAVORED TOBACCO; NITROUS OXIDE) TO TITLE 5 (PUBLIC WELFARE, MORALS AND CONDUCT) OF

THE ONTARIO MUNICIPAL CODE, PROHIBITING THE SALE OF

FLAVORED TOBACCO, NITROUS OXIDE, AND KRATOM PRODUCTS

WITHIN THE CITY, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA.

THE CITY COUNCIL OF THE CITY OF ONTARIO FINDS AND DECLARES:

WHEREAS, pursuant to the authority granted to the City of Ontario (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, under Federal and state law the City is authorized to regulate tobacco sales; and
WHEREAS, a primary mission of the City Council is to preserve public health and safety and failure of tobacco retailers to comply with all tobacco control laws, presents an imminent threat to the public health, safety, and welfare of the residents of the City of Ontario; and
WHEREAS, there are over 8 million tobacco-related deaths per year, according to the World Health Organization (WHO), making tobacco use one of the biggest worldwide public health threats;1 and
WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the Legislature’s declaration that “smoking is the single most important source of preventable disease and premature death in California”2; and WHEREAS, in 2020, the California Legislature passed, and the Governor Approved, Senate Bill 793 (“SB 793”), which enacts a statewide prohibition on the sale of flavored tobacco products to a person under 21 years of age, and permits local agencies to adopt and implement local ordinances that impose greater restrictions on the access to tobacco products; and
WHEREAS, nitrous oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes, including medical or dental procedures in a clinical setting, industrial purposes, and as a propellant for food products; and

1 https://iris.who.int/bitstream/handle/10665/372043/9789240077164-eng.pdf?sequence=1 (pg. xxiv) 2 California Health and Safety Code section 104350(a)(1). 143
WHEREAS, nitrous oxide is also subject to recreational misuse and abuse, in part because it is easy to purchase from retail vendors and is relatively inexpensive; and WHEREAS, the recreational misuse and abuse of nitrous oxide can cause permanent vitamin deficiencies in the blood, and can cause long-term neurological effects, including paralysis and death; and
WHEREAS, possession of nitrous oxide with the intent to breathe, inhale, or ingest for the purpose of causing intoxication is a misdemeanor pursuant to California Penal Code section 381(b); and
WHEREAS, selling, furnishing, administering, distributing, or giving away nitrous oxide, or offering to do so, to a person under 18 years of age is a misdemeanor offense under California Penal Code section 381(c); and
WHEREAS, despite state regulation of the sale and use of nitrous oxide, sellers who know or should know that their customers purchasing nitrous oxide intend to breathe, inhale, or ingest the substance, continue to sell nitrous oxide using a "don't ask, don't tell" approach. Often, the amounts of nitrous oxide being sold are too small for legitimate medical, industrial, or culinary use. Nitrous oxide is also sold in colorful canisters with names such as " Galaxy Gas," which come in a variety of flavors; and WHEREAS, kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are often consumed in powdered or extract form for their stimulant and sedative effects; and
WHEREAS, the active compounds in kratom include mitragynine and 7- hydroxymitragynine (“7-OH”). While mitragynine is present in higher concentrations, 7- OH is more potent and is largely responsible for the stronger pain-relieving, sedative, and euphoric effects; and
WHEREAS, 7-OH is believed to be more potent than morphine in terms of pain relief. Research has shown that it binds to opioid receptors in the brain with greater affinity than morphine,3 making it significantly more powerful in relieving pain. This greater potency raises significant concerns about its safety profile, especially regarding the potential for addiction, overdose, and adverse physical and psychological effects, including nausea, vomiting, and potential psychosis.4 These risks are compounded when products contain higher concentrations of 7-OH; and
WHEREAS, scientific research and health advisories have raised concerns over the safety of kratom products, particularly those with higher concentrations of 7-OH, which may increase the potential for abuse, addiction, and harm; and

3 U.S. Food & Drug Administration, Consumer Updates, “Products Containing 7-OH Can Cause Serious Harm” (July 29, 2025) https://www.fda.gov/consumers/consumer-updates/products-containing-7-oh-can-cause-seriousharm. 4 America’s Poison Centers, News & Alerts, “Health Advisory: Serious Illnesses Associated with 7-OH Use“ (Aug. 12, 2025) https://poisoncenters.org/news-alerts/13531044. 144
WHEREAS, a number of local governments across California and the United States have taken efforts to regulate or ban kratom products, particularly those with higher concentrations of 7-OH, in order to protect public health and safety; and WHEREAS, the City desires to regulate the sale of flavored tobacco, nitrous oxide, and kratom products in order to preserve and protect public health and to dissuade sellers of these products; and
WHEREAS, prior to adoption, the City gave public notice of a City Council public hearing to consider this Ordinance as required by law; and WHEREAS, the City Council conducted a hearing on March 3, 2026, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and are hereby incorporated herein by this reference.

SECTION 2. The Ontario Municipal Code is hereby amended to add a new Chapter 34 (“Flavored Tobacco; Nitrous Oxide; Kratom Products”) to Title 5 (“Public Welfare, Morals and Conduct”) to state, in full, as follows:

CHAPTER 34: FLAVORED TOBACCO; NITROUS OXIDE; KRATOM

PRODUCTS
Sec. 5-34.01. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “7-OH product” means a product containing 7-hydroxymitragynine. (b) “Attractive to children” means any of the following:

1. Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:
i. Cartoons, toys, or robots.
ii. Any real or fictional humans.
iii. Fictional animals or creatures.
iv. Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
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2. Likeness to images, characters, or phrases that are popularly used to advertise to children.

3. Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.

4. The terms “candy” or “candies” or variants in spelling such as “kandy” or “kandee.”

5. Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.

6. Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.

7. Anything else that is attractive to children in light of all relevant facts and circumstances.
(c) “Characterizing Flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
(d) “Flavored Tobacco Product” means any tobacco product that imparts a Characterizing Flavor.
(e) “Kratom leaf” means the leaf of the kratom plant, also known as mitragyna speciosa, any form.
(f) “Kratom leaf extract” means the material obtained by extraction of kratom leaves by any means.
(g) “Kratom product” means a product consisting of kratom leaf, kratom leaf extract, or both.
(h) “Labeling” means written, printed, or graphic matter upon any Tobacco Product or Nitrous Oxide Device or any of its packaging, or accompanying such Tobacco Product or Nitrous Oxide Device.
(i) “Nitrous Oxide” means the colorless nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as "laughing gas," "NOX," "galaxy gas," "whippits," amongst others.
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(j) “Nitrous Oxide Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide.
(k) “Oil Burner” means a glass smoking device that allows users to inhale vaporized oils or other concentrates.
(l) “Package” or “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
(m) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(n) “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. (o) “Tobacco Product” means:

1. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

2. any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

3. Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco product” includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(p) “Tobacco Product Flavor Enhancer” means a product designed, manufactured, produced, marketed, or sold to provide a characterizing flavor when added to a tobacco product.
(q) “Tobacco Retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. 147
(r) “Total kratom alkaloids” means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.

Sec. 5-34.02. Sale of flavored tobacco products prohibited. (a) It shall be a violation of this Chapter for any person to sell or offer for sale, to display for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product or tobacco product flavor enhancer.
(b) There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.
(c) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor;

2. Used text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or

3. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

Sec. 5-34.03. Sale of oil burners prohibited.
(a) It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to sell or offer for sale, to display for sale, or to possess with intent to sell or offer for sale, any oil burners or colored glass oil burner pipes.

Sec. 5-34.04. Sale or distribution of Nitrous Oxide prohibited. (a) Except as otherwise authorized by law or allowed under this Chapter, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person Nitrous Oxide, a Nitrous Oxide Device, or any device that contains any quantity of Nitrous Oxide. (b) This Section does not prohibit the sale, attempt to sell, offer for sale, permit to be sold, display for sale, distribution, or any other manner of providing Nitrous Oxide, or a Nitrous Oxide Device, in the following circumstances:
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1. If the nitrous oxide is contained in a food product for use as a propellant.

2. If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection (d) of Section 5.34.05. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the Nitrous Oxide or Nitrous Oxide Device in violation of subsection (a) above.

3. If the Nitrous Oxide or Nitrous Oxide Device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.

4. If the Nitrous Oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

5. If the Nitrous Oxide or Nitrous Oxide Device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by sections 4030, 4036, and 4037 of the California Business & Professions Code, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.

6. Any other circumstances exempted under law.

Sec. 5-34.05. Prohibition on sale and distribution of kratom and 7-OH products. (a) Except as otherwise authorized by law, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person a kratom product or 7-OH product to any person under 21 years of age.
(b) Except as otherwise authorized by law, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person a kratom product or 7-OH product with a level of 7-OH that is greater than 2 percent of the total kratom alkaloids in the product. (c) Except as otherwise authorized by law, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person a kratom product or 7-OH product that is attractive to children.
(d) No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.
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Sec. 5-34.06. Violations and penalties.
(a) The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(b) Any person violating any provision of this Chapter shall be guilty of a misdemeanor, as defined by subsection (c) of Section 1-2.01 of this Code, for each day such violation continues.
(c) In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the city attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (d) Any person violating the provisions of this Chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for each day the violation continues. (e) A violation of this Chapter shall additionally be grounds for a revocation of a business license, if applicable, pursuant to Section 3-1.131 of this Code. (f) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter. (g) Violations of this Chapter are hereby declared to be public nuisances.

SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 5. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) in that the Ordinance is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment.

Additionally, the proposed action is not a "project" under State CEQA Guidelines Section 15378(b)(5), which excludes the "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" as the Ordinance is not anticipated to result in a direct or indirect physical change in the environment.
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SECTION 6. Publication. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 17th day of March 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
151

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3329 was duly introduced at a regular meeting of the City Council of the City of Ontario held March 3, 2026, and adopted at the regular meeting held March 17, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3329 duly passed and adopted by the Ontario City Council at their regular meeting held March 17, 2029 and that Summaries of the Ordinance were published on March 10, 2026 and March 24, 2026, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
152
Department: Accounting / Accounts Payable
Prepared By: Laurence Gong
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Approved By:

ACCOUNTING COMPLIANCE SERVICES

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or designee to execute a three year professional services agreement with the accounting firm CliftonLarsonAllen LLP of Irvine, California for $447,740 to perform annual auditing and accounting compliance services for the City of Ontario, the Ontario Housing Authority, and the Successor Agency of the former Redevelopment Agency; and authorize extension of the agreement for up to two additional years subject to City Council approved budgets. If the City chooses to extend the contract for the additional fiscal years, the total compensation shall not exceed $768,480.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The recommended agreement with CliftonLarsonAllen LLP of Irvine, California is for an amount not-to-exceed $447,740 for the first three-year term with the option to extend the Agreement for two additional one-year terms. Total compensation shall not exceed $768,480. The Fiscal Year 2026-27 Budget will include appropriations for this financial audit and accounting compliance agreement as part of the annual budget adoption process.

BACKGROUND & ANALYSIS: In October 2025, the City solicited proposals for professional financial audit and accounting compliance services from qualified certified public accountants to audit the City's financial statements for fiscal years ending June 30, 2026, 2027, and 2028, with options to renew for fiscal years ending June 30, 2029, and 2030. Below are the firms that submitted proposals:

Vendor Location
CliftonLarsonAllen, LLP Irvine, CA
LSL, LLP Irvine, CA
153
Badawi & Associates Emeryville, CA
The Pun Group, LLP Santa Ana, CA
Vasquez & Company, LLP Glendale, CA
The firms were evaluated based on criteria that include understanding the service and purpose, responsiveness to the request for proposal, including approach and methodology, appropriate level of detail in the proposal, relevance of add/delete to the scope of work, familiarity with problems associated with the audit service, proposed fee relative to the services to be provided, technical competence specific to the qualifications of the team, experience of key personnel with similar audits, depth of technical expertise, provisions for technical and quality review, familiarity with the City's structure and business, and past performance. Past performance includes an assessment of the technical quality of prior projects, their demonstrated ability to meet schedules, and cost control, as well as performance on City or other public agency projects. Evaluation also considers the organization and schedule, confirming that the audit firm is independent and licensed to practice in California, with no known conflicts of interest regarding any other work the firm has performed for the City of Ontario. Additional criteria include the commitment of key personnel, the firm's financial capability and resources, and the flexibility to adapt to changes in the scope, schedule, and costs of services.

Staff recommends awarding the contract to CliftonLarsonAllen (CLA) for financial audit and accounting compliance services based on the following:

Firm Experience – CLA is a leading provider of government audit experience and consulting services in California. They serve more than 130 California municipalities and special purpose governments, including more than 40 California cities. As Such, they understand the complexities within California governments, grant funding, and the specific federal and state compliance requirements of that funding;
City Clients – CLA provides audit services for 40 similar cities.

Staff Qualifications – All of their partners and management staff are Certified Public Accountants.

CLA is aligned with the City's vision in leveraging and adopting the use of AI CLA also supports the City of Ontario with an office within the city limits 154
BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of March 17, 2026, 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 CliftonLarsonAllen (CLA), a Limited Liability Partnership, with its principal place of business at 2875 Michelle Drive, Suite 300, Irvine ("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 professional auditing and accounting compliance services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Professional Auditing Services and Accounting Compliance project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional audit consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from March 17, 2026 to June 30, 2029, 155
BB&K (2024) 2 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
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.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred forty thousand nine hundred ninety dollars ($140,990) for Fiscal Year 2026-27; one hundred forty-five thousand two hundred ten dollars ($145,210) for Fiscal Year 2027-28; one hundred forty-nine five hundred forty dollars ($149,540) for Fiscal Year 2028-29 without written approval of the City Council or City Manager, as applicable. If the contract is extended by the City for the additional fiscal years, the annual compensation shall not exceed one hundred fifty-four thousand fifty dollars ($154,050) for Fiscal Year 2029-30 and one hundred fifty-eight thousand six hundred ninty dollars ($158,690) for Fiscal Year 2030-31. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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 156
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error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

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

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

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

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Daphnie Munoz, Principal; Joe Ludin, Principal; Rob Perl, Director; and Antonio Moran, Manager.

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

3.3.6 Consultant's Representative. Consultant hereby designates Daphnie Munoz, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

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

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

3.3.9 Period of Performance.

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

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

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible 158
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for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

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

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

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

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 159
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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. [***CITY RISK MANAGEMENT TO REVIEW PRIOR TO EACH USE***]

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

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

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

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

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

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 161
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 162
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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 appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

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

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and 163
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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. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's 164
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obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

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

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

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

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

Consultant: CliftonLarsonAllen LLP
2875 Michelle Drive, Suite 300
Irvine, CA 92606
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ATTN: Daphnie Munoz, CPA, Principal
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Aleli Burgos, Deputy Finance Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

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

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

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms 166
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of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

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

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

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

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
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3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

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 168
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in full force and effect.

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

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

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

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

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CLIFTONLARSONALLEN LLP
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 CLIFTONLARSONALLEN LLP
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
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EXHIBIT "A"

SCOPE OF SERVICES
I. BACKGROUND AND INTRODUCTION
The City of Ontario is requesting proposals from qualified auditing firms of certified public accountants to audit the City financial statements for the fiscal years ending June 30, 2026, 2027 and 2028, with options to renew for fiscal years ending June 30, 2029 and 2030, at the City’s sole discretion. At any time, the contract may be canceled if the City determines the audit services to be unsatisfactory. These audits are to be performed in accordance with the provisions contained in this Request for Proposals (RFP).

The City is a general law city in the State of California. The City’s population is at 184,404 and the City’s current area covers approximately 50 square miles. The City operates under a councilmanager form of government. Policy-making and legislative authority are vested in a governing council consisting of the mayor and four other members. In December 2022 the City Council took action to introduce an Ordinance approving four district maps for four Council members and with Ordinance No. 3224 added a new article 3 to title 2 of volume 1 of the Ontario Municipal Code to change the City’s electoral system from at-large to by-district elections with the exception of the Mayor who will continue to be elected at-large. Each council member serves a four-year term. To serve and promote the welfare of its residents, the City intends to procure professional auditing services. Additional information on the City’s general information and financials can be found on the City’s website: https://www.ontarioca.gov.

The City has 30 governmental funds (consisting of a total of 77 funds), 4 enterprise funds (consisting of a total of 7 funds), 7 internal service funds (consisting of a total of 10 funds), and 14 fiduciary funds. The City’s Adopted Operating Budget, including transfers, for Fiscal Year 2025-26 is $1,651,712,442 (this includes $447,232,923 in the General Fund and $1,204,479,519 in the other funds that include Special Revenue, Capital Projects, Enterprise Operations, and Internal Services). The City currently has 5 major funds: General Fund, Ontario Housing Fund, Capital Projects Fund, Impact Fee Funds, and Ontario Industrial Development Fund. The Adopted Operating Budget for Fiscal Year 2025-26 for the Ontario Housing Authority is $2,033,466. The total overall budget is $1,653,745,908.

II. SCOPE OF SERVICES
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1. The Consultant shall conduct an examination of the City’s financial statements for compliance with generally accepted accounting principles, as established by the Governmental Accounting Standards Board (GASB), each such fiscal year. The audits will be conducted in accordance with generally accepted auditing standards as established by the American Institute of Certified Public Accountants (AICPA), and shall include such other auditing procedures as the Consultant considered necessary in the circumstances. It is understood by all parties that such audit procedures are not primarily designed and cannot be relied upon to disclose defalcations or other irregularities. Reliance for the prevention or detection of fraud, defalcations or other irregularities should be placed principally upon an adequate internal accounting system with appropriate and functioning internal controls.

It is the responsibility of management of each entity to establish and maintain such an internal control system, however, the Consultant will report on internal control weakness as discussed in Section 8 of this scope.

2. Under the requirements of the Federal Government’s program covering a single audit for all federal grant funds, the compliance and financial audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller of the United States; and the audit requirements of the Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance).

3. The Consultant shall include all funds of the City of Ontario, the Successor Agency of the former Ontario Redevelopment Agency, the Ontario Housing Authority, the Housing Successor, the Ontario Redevelopment Financing Authority, the Ontario Public Financing Authority, and the Ontario Industrial Development Authority.

4. The Consultant shall submit a report of their examination of the entities financial statements for each such fiscal year, which shall include such component unit, general purpose and supplementary financial statements, notes to the financial statements and an opinion to the fairness of their presentation in conformity with generally accepted accounting principles, applicable to the various funds or state the reasons for any exceptions to said principles.

5. Prepare the City’s Annual Comprehensive Financial Report (ACFR) in full compliance with the governmental accounting standards including GASB 34. The Consultant will render their audit on the basic financial statements to include both Government-wide Financial Statements and Fund Financial Statements. The Consultant will also apply limited audit procedures to the Management’s Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City.

The Consultant shall ensure the financial statements comply with GASB pronouncements and meet the requirements of the Government Finance Officers Association Certificate of Achievement for Financial Excellence in Financial Reporting program. 172
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6. Prepare the component financial statements for West End Communications Authority (WECA), West End Fire and Emergency Response Commission (WEFERC), Air Quality Management District (AQMD) and Housing Successor in full compliance with governmental accounting standards.

7. The Consultant shall perform agreed-upon auditing procedures pertaining to the City’s GANN Limit (Appropriations Limit) and render a letter annually to the City regarding compliance.

8. The Consultant shall issue a separate “management letter” that includes recommendations for improvements in internal control and accounting procedures, reporting of apparent noncompliance with laws, rules, and regulations and any other material matter coming to the attention of the Consultant during the conduct of the audit examination.

9. The Consultant shall prepare and submit the Annual State Controller’s Report for the City of Ontario and all Special Districts which includes West End Communications Authority, West End Fire and Emergency Response Commission, Ontario Redevelopment Financing Authority (ORFA) and Ontario Public Finance Authority (OPFA).

10.The Consultant shall also perform compliance audit of the City’s Housing Successor Fund in accordance with SB 341 and AB 471, express opinion as to whether the Housing Successor Fund are in compliance with the Low and Moderate Income portion of the “Guidelines for Compliance Audits of California Redevelopment Agencies” as amended by SB 341 and AB 471 for the Housing Successor.

11.The Consultant shall provide general consultation as required, during the year, on financial accounting and reporting matters.

12.The Consultant shall respond to the reasonable inquiries of the City and successor auditors to review working papers relating to matters of accounting significance.

13.The Consultant will provide additional Accounting Compliance Services, as desired by the city. This includes but is not limited to training City personnel, evaluating and reviewing the City’s capital asset ledger, reviewing and assisting in GASB 68, GASB 75, GASB 87, GASB 96, and GASB 101. Assistance in any new GASB pronouncements in the future as well. 173
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EXHIBIT "B"

SCHEDULE OF SERVICES & COMPENSATION
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Department: Public Works
Prepared By: Daniel P Beers
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: 12
SUBJECT: A GOODS AND SERVICES AGREEMENT WITH RANCHO PACIFIC ELECTRIC CONSTRUCTION, INC., FOR THE ELECTRICAL SWITCH GEAR AT THE ONTARIO

PROFESSIONAL BASEBALL STADIUM FLIGHT TOWER RESTAURANT PROJECT

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The recommended Goods and Services Agreement with Rancho Pacific Electric Construction, Inc., of Rancho Cucamonga, California, is in the amount of $408,900, plus a 10% contingency of $40,890, for a total not-to-exceed contract amount of $449,790. The Fiscal Year 2025-26 Adopted Budget included appropriations in the Capital Projects Fund for the Flight Tower Restaurant at ONT Field.

BACKGROUND & ANALYSIS: On April 2, 2026, ONT Field will open as the home of the Los Angeles Dodgers Single-A affiliate, the Ontario Tower Buzzers. As part of the stadium’s continued development, the City is planning a three-story restaurant featuring a “control tower” themed design that will enhance the overall visitor experience at the facility. On December 16, 2025, the City Council approved a Design Services Agreement with HMC Architects to prepare the design for the 176
Flight Tower Restaurant. The restaurant is anticipated to open on Opening Day of the 2027 Tower Buzzers season.

On March 5, 2026, one bid was received for Bid No. 1979 - D&C25-004 Flight Tower Restaurant – Electrical Gear. The bid result is below:

VENDOR LOCATION AMOUNT
Rancho Pacific Electric, Inc. Rancho Cucamonga, CA $408,900 Rancho Pacific Electric Construction, Inc., of Rancho Cucamonga, California, submitted the lowest responsible and responsive bid with a base bid amount of $408,900. Based on the bid, credentials, pricing and favorable reference checks, Staff recommends awarding a Goods and Services Agreement to Rancho Pacific Electric Construction, Inc. 177
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CITY OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into 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 Rancho Pacific Electric Construction, a CORPORATION, with its principal place of business at 9063 Santa Anita Ave., Rancho Cucamonga, CA 91730 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.

B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.

TERMS

1. SCOPE OF SERVICES.

1.1 General Scope of Services. Vendor 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 electrical switch gear for the D&C25-004 Flight Tower Restaurant project services (“Services”) which 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.

1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and PAUL S. LEON
MAYOR

ALAN WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

2. TERM.

2.1 The term of this Agreement shall be from March 18, 2026, to December 1, 2026, unless earlier terminated as provided herein. Vendor shall provide all Goods and 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 work.

3. FEES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Eight Thousand and Nine Hundred Dollars ($408,900) without written approval of City’s 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.

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

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

3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor 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 Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.5 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. Vendor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Vendor 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 Vendor is not entitled: (1) Vendor shall immediately notify the City and the financial institution; (2) Vendor shall not withdraw any of the funds which were erroneously deposited or to which Vendor is not entitled; and (3) Vendor authorizes both the City and financial institution to 179
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take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Vendor is not entitled.

4. RESPONSIBILITIES OF VENDOR.

4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor 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.

4.2 Schedule of Services.

4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.

4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming 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 Vendor 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 Agreement.

4.2.3 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 Vendor to any additional compensation. 180
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Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

4.5 Coordination of Services. Vendor 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.

4.6 Standard of Care; Performance of Employees. Vendor 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.

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, 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, Vendor 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 Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re-employed to perform any of the Services provided under this Agreement.

4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants 181
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that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 Reserved.

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

4.10 Laws and Regulations; Employee/Labor Certifications. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor. Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections. 182
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4.10.2 Employment Eligibility; Subcontractors, and Consultants. To the same extent and under the same conditions as Vendor, Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

4.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4.10.1 or 4.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

4.10.4 Labor Certification. By its signature hereunder, Vendor 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 Workers’ 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.

4.10.5 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Vendor 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.

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

4.10.7 Water Quality.

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 183
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4.10.7.2 Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s noncompliance with the laws, regulations and policies described in this Section, unless such noncompliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

4.10.7.3 Training. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.

5. PROJECT MANAGEMENT

5.1 City’s Representative. The City hereby designates Daniel Beers, Design and Construction Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

5.2 Vendor’s Representative. Vendor hereby designates Doug Munsey, Chief Estimator, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement.

The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

6. INSURANCE.

6.1 Time for Compliance. Vendor 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, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

6.2 Minimum Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
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6.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

6.2.2 Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

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.

6.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.

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

6.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

6.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Vendor, including materials, parts or 185
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equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.

6.3.2 Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section

6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.2.

6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.

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

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

Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against 186
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the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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

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

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

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

7. INDEMNIFICATION.

7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall 187
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not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

7.2 Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

8. CALIFORNIA LABOR CODE

8.1 Prevailing Wages. Vendor 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. 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, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor 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 Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It 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 Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

8.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations. Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

8.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of Services, including any delay, shall be Vendor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered 188
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Vendor caused delay and shall not be compensable by the City. Vendor 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 Vendor or any subcontractor.

9. SAFETY.

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

10. ACCOUNTING RECORDS.

Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor 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. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

11. TERMINATION OF AGREEMENT.

11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods, Vendor will be liable for and will pay the difference to City. Vendor 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.

11.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of the Services under this Agreement. Vendor shall be required to provide such document and other information within fifteen (15) days of the request.
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11.3 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, goods and services similar to those terminated.

12. GENERAL PROVISIONS.

12.1 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:

Vendor:

Rancho Pacific Electric Construction, Inc.
9063 Santa Anita Avenue
Rancho Cucamonga, CA 91730
Attn: Doug Munsey, Chief Estimator
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Daniel Beers, Design and Construction Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

12.2 Subcontracting. Vendor shall not subcontract any portion of the work 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.

12.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Vendor 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 Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

12.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement. 190
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12.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

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

12.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, 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.

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

12.10 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.

12.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section

12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

12.12 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.

12.13 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or 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.
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(BB&K 2024) - 15 - Goods and Services Agreement

12.14 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.

12.15 Authority to Enter Agreement. Vendor 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.

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

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

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND RANCHO PACIFIC ELECTRIC CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO Rancho Pacific Electric Construction, 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:

Assistant City Clerk
193
46700.00100\40935206.1
(BB&K 2024) Exhibit A-1 Goods and Services Agreement
EXHIBIT “A”

SCOPE OF SERVICES
194
46700.00100\40935206.1
(BB&K 2024) Exhibit B-1 Goods and Services Agreement
EXHIBIT “B”

SCHEDULE OF SERVICES
MARCH 18, 2026, TO DECEMBER 1, 2026
195
EXHIBIT “C”

COMPENSATION
NTE $408,900
Exhibit C-1
196
Department: Economic Development
Prepared By: Charity Hernandez
Department:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT: A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ONTARIO AND IKEA PROPERTY INC.

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve a Purchase and Sale Agreement (On file in the Records Management Department) for the property located at 2350-2630 East Inland Empire Boulevard in the City of Ontario and authorize the City Manager to execute all other documents required for implementation of the Agreement.

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 acquisition cost of the real property is $46,939,000. If approved, additional appropriations will be included in the Capital Projects Fund at the next quarterly update to City Council as needed.

BACKGROUND & ANALYSIS:

In July of 2025, the City Council authorized the City Manager to negotiate a Purchase and Sale Agreement (“PSA”) with IKEA Property Inc. for the acquisition of 25.06 acres of superior real estate located at 2350-2630 East Inland Empire Boulevard, adjacent to Interstate 10 between Archibald Avenue and Vineyard Avenue, for a purchase price of up to $46,939,000.

Over the past several months, City staff prepared a Specific Plan Amendment to the Meredith International Centre Specific Plan and an Addendum to the Specific Plan’s Environmental Impact Report. The Specific Plan Amendment establishes a new mixed-use overlay designation on the 25- acre site. This new designation will help facilitate the future development of high-quality apartments along with retail and commercial uses that will serve as a local and regional draw for the City. The Specific Plan Amendment and EIR Addendum were presented to the Planning Commission on November 25, 2025 and was recommended for approval to the City Council. The item will be brought to the City Council at a future meeting for consideration. 197
This 25-acre property is one of the last remaining large undeveloped parcels in this area of the City.

Over recent years, the Ontario City Council and the private market have made considerable investment in strategic development corridors adjacent to and nearby this site. New hotels, apartments, mixed-use development and entertainment – such as the development near the Toyota Arena – are among the public and private investments that have brought with it new tax revenue, jobs and entertainment options.

Acquisition and development of this highly desired property will ensure that the City can continue to build upon this positive momentum, control its own destiny with regard to the future development of the site, and usher in development that would support the City long-term economic development goals. These goals include creating temporary and full-time jobs, eliminating a vacant site that could create nuisance conditions, facilitating an increase in property taxes and sales tax revenue once developed, and strengthening the City’s land use and social structure, all of which accrue to the common benefit of the City and its residents. As a result, staff recommends effectuation of the terms of the PSA.
198
Department: Financial Services
Prepared By: Pablo De Lara
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-009) BETWEEN THE CITY OF ONTARIO AND WEST HAVEN 27, LLC.

CITY OF ONTARIO
Agenda Report
March 17, 2026
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance Approving a Development Agreement (File No. PDA21-009) between the City of Ontario and West Haven 27, LLC.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: There is no direct fiscal impact associated with this action. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support this Ontario Ranch project. In addition, the City will receive development impact, compliance processing, licensing, and permitting fees.

BACKGROUND & ANALYSIS: The Ontario Ranch financial commitments required for construction of properties within a Specific Plan are substantial. Therefore, to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, West Haven 27, LLC (collectively the "Applicant" or "Owner"), has requested that the City enter into negotiations to create a Development Agreement (Agreement).

The Agreement proposes to include 27.77 acres of land within Planning Area 1 of the West Haven Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Applicant a vested right to develop Tentative Tract Map 20696 (the Map), located at the southwest corner of Riverside Drive and Haven Avenue, provided that the Owner complies with the terms and conditions of the 199
Specific Plan and related Environmental Impact Report (EIR).

The Map (see attached Exhibit B) proposes to subdivide 27.77 acres of land into seven numbered lots and eight lettered lots, for condominium purposes.

The term of the Agreement is for ten years, with a five-year option to renew. The main points of the Agreement address funding for all new City expenses created by the project, which includes Development Impact Fees (DIF) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and fiber), and the creation of a Community Facilities District (CFD) for the services and maintenance of public facilities.

In considering the Agreement at their meeting on February 24, 2026, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission unanimously approved and adopted Resolution No. PC26-013, recommending City Council approval of the Agreement.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were previously reviewed in conjunction with Addendum to West Haven Environmental Impact Report (State Clearinghouse No. 200471095), certified by the Ontario City Council on January 16, 2007. This Application introduces no new significant environmental impacts.
200
Exhibit A: WEST HAVEN SPECIFIC PLAN LAND USE MAP
201
Exhibit B: TENTATIVE TRACT MAP NO. 20696
202
Case Planner: Pablo De Lara – Project Manager Hearing Body Date Decision Action Planning Director
Approval:

DAB N/A N/A N/A
PC 2/24/2026 Recommend
Submittal Date: 2/9/2026 CC 4/7/2026 Final
FILE NO: PDA21-009
SUBJECT: A public hearing to consider a Development Agreement between the City of Ontario and West Haven 27, LLC to establish the terms and conditions associated with Tentative Tract Map 20696 (File No. PMTT24-003), located at the southwest corner of Riverside Drive and Haven Avenue, within Planning Area 1 of the West Haven Specific Plan. (APN: 0218-151-48) submitted by West Haven 27, LLC. City Council action is required.

PROPERTY OWNER: West Haven 27, LLC.

RECOMMENDED ACTION: That the Planning Commission consider and recommend City Council adopt an Ordinance approving the Development Agreement (File No. PDA21- 009) between the City of Ontario and West Haven 27, LLC, pursuant to the facts and reasons contained in the staff report and attached Resolution.

BACKGROUND: On January 16, 2007, the City Council certified the West Haven Specific Plan Environmental Impact Report (State Clearinghouse No. 200471095). The related West Haven Specific Plan (File No. PSP03-006) was approved by City Council on July 17, 2007. The Specific Plan established the land use designations, development standards, and design guidelines for approximately 202 acres of land, which included the potential development of 753 residential dwelling units and 87,000 square feet of commercial/office land uses.

On August 1, 2023, the City Council approved an Amendment to the West Haven Specific Plan (File No. PSPA21-004) and Addendum to the West Haven Specific Plan Environmental Impact Report. The Amendment included changes to Planning Areas 1 and 3. The changes included increasing the number of allowed residential units, allowing higher density developments, and allowing for Detached and Attached Homes.

On May 1, 2024, the Applicant submitted Tentative Tract Map No. 20696 (File No. PMTT24- 003), to subdivide 27.77-acres of land into 7 numbered lots and 8 lettered lots on property located at the southwest corner of Riverside Drive and Haven Avenue, within Planning Area 1 of the West Haven Specific Plan.

The Ontario Ranch financial commitments required for construction of properties within a specific plan are substantial. Therefore, to adequately forecast these costs and gain 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

STAFF REPORT
February 24, 2026
Approval
203
Planning Commission Staff Report
File No: PDA21-009
February 24, 2026

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Ontario City CouncilMarch 17, 2026

Ontario City Council
March 17, 2026