9. Trees shall be planted with a visible trunk flare and rootball that is 2 inches higher than the adjacent grade. No soil shall be placed on top of the rootball, and mulch shall be maintained 6 inches clear of the trunk. Trees with kinked or girdling roots shall be re jected before installation or replaced if planted.
10. Root barriers shall not be required for use in parkways or City maintained areas; however, if used, they shall be a maximum of one FT in depth and shall not encircle the tree rootball. Furthermore, if the tree trunk is within 5 FT of paved areas, root barriers, if used, shall run adjacent and parallel to the pavement.
11. Palm trees may be used as accents, with a minimum brown trunk height of 17 FT, and shall not count toward the minimum tree species mix requ ired pursuant to Table 6.05 -2 (Minimum Tree Species Mix) of this Division.
12. Trees shall be staked or guyed to prevent wind damage and allow healthy growth.
Ties shall be flexible, allowing some trunk movement while providing protection from damage.
13. Parking lot lighting and site utilities shall be designed to avoid conflict with required shade tree locations.
14. Solar collectors shall be designed and located to avoid conflict with tree canopy and future shading from the mature size of trees, as defined by the PRC Section 25980 through Section 25986 (The Solar Shade Act).
F. Tree Staking and Tying. Trees shall be staked and tied as follows:
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1. Fifteen gallon and 24 -inch box trees shall be double -staked perpendicular to the prevailing wind, or parallel to the street, as appropriate. Stakes shall be located to prevent branch damage and shall extend a minimum of 7 to 8 FT above grade and 3 to 4 FT below grade. Stakes shall be tied into the tree canopy for wind protection. Galvanized stakes are recommended for wind prone areas.
2. Box trees that are 36-inches or larger, shall be rootball guyed or anchored.
3. Flexible tree ties shall be used. Wire and hose, or metal rod -type braces shall not be used. Nursery stakes shall be removed at time of installation or loosened if they are to remain during the maintenance period and shall be removed by the end of maintenance period.
G. Shrubs. Within required landscape areas, as prescribed by Section 6.05.0 40 Required Landscape Areas) of this Division, shrubs shall be a minimum 5 -gallon container size and shall be spaced at a rate equal to three-fourths of the shrub's mature size. One-gallon containers may be used for perennials and groundcovers.
H. Groundcovers. Within required landscape areas, as prescribed by Section 6.05.0 40 Required Landscape Areas) of this Division, one-gallon containers shall be used fo r groundcover areas. Perennials or annual color shall be spaced at a maximum of 8 inches on center.
1. Turf. Turf grass is typically a high water use plant and is best reserved for recreation and active play areas. Low water groundcovers or native or warm se ason turf grasses may be used in traditional turf areas, such as parkways or front yards. Concrete mow strips shall be used to separate turf from landscape areas, excepting single -family residential development projects, which may utilize wood or fabricated benderboard materials.
2. Mulch. Mulch shall be applied and maintained in all non-turf areas and shall be at least 3 inches in depth in shrub areas and at least one-inch in depth in groundcover areas. Mulch shall be of an organic material, such as shredded or chipped bark, as it will supply nutrients to the soil and plants over time. Native plants shall have mulch applied that is appropriate for the type of landscape. Synthetic mulch materials shall not be used.
I. Screening and Buffering.
1. Landscaping may be used to aid in the screening and buffering of mechanical equipment, trash collection areas, and loading docks and outside storage areas from public view, and the screening and buffering of differing land uses. Walls and/or fences used for screening and buffering purposes should incorporate landscaping over at least 60 percent of its surface area, which will serve to both buffer uses and "soften" the appearance of masonry walls.
2. Utility boxes and vaults shall be located away from entry driveways, corner accent landscapes and other highly visible areas, and shall be screened with a variety of landscape materials.
J. Defining of On -Site Circulation. Landscaping shall be used to define circulation patterns for safety and ease of use.
1. Landscaping shall be used to direct on -site vehicular and pedestrian circulation routes by providing clear direction, barrier planting (such as hedges), and accent planting, to define site entrances and pedestrian pathways.
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2. Landscaping shall be designed to facilitate pedestrian ci rculation and access to buildings and shall be designed to buffer pedestrians from vehicular traffic, as well as to emphasize walkways.
3. Landscaping shall be designed to further pedestrian safety. Where provided, walkways shall have adequate width and be separated from parking lots, loading areas, and buildings (excepting building entries), with a landscape buffer. Furthermore, trees shall be planted along walkways to create shade and comfortable environments.
K. Grading Design and Stormwater Management.
1. Grading shall be designed to minimize soil erosion, water run -off or water waste, and increase on-site retention and infiltration. Grading shall ensure all irrigation and normal rainfall remains on-site and does not drain onto impermeable surfaces. Landscape areas shall be graded to be 1.5 inches below the grade of the adjacent finished surface.
2. Landscape plans shall include stormwater collection methods or d evices that direct water into depressed landscape areas, such as vegetated swales, detention basins or infiltration areas. These areas shall incorporate proper plant materials and irrigation for success in saturated soils, drought conditions and to withsta nd possible erosion from the hydraulic impacts of stormwater collection. Manufactured drywells, pervious pavement, or storage chambers may also be used for stormwater infiltration.
3. Stormwater collection in landscape areas shall be designed with a natural appearance, utilizing curvilinear forms, native plants, varying sizes of boulders or river rock, and maximum 3:1 slope.
4. On-site landscape areas for stormwater management may utilize vegetated swales but shall not exceed 40 percent of the landscaped area width.
5. Landscaped slopes 3:1 or greater shall incorporate rolled erosion control products and landscape appropriate for slopes. Slopes shall be irrigated by a system with a low precipitation rate of 0.75 inches per hour or less. Turf is not allowed on slop es greater than 4:1, or where the toe of the slope is adjacent to an impermeable hardscape.
6. Compaction during site grading shall not occur within landscape areas.
Compacted soils shall be repaired by deep tilling, or as directed by the soil analysis prescribed by Subsection D (Soil Testing) of this Section.
7. Vegetated swales, basins and sloped grades for stormwater management shall incorporate a level area adjacent to paved edges, at least 3 FT to 5 FT in width, to allow utilities, such as backflow devices , to be located on level ground, and to serve as a buffer from sloped edges for pedestrian safety purposes.
L. Decorative Water Features. Decorative water features shall be properly maintained to operate and function to meet the intent of the design. Further more, decorative water features shall incorporate recirculating water systems, and shall use recycled water, where available, excluding swimming pools and spas.
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6.05.050: Landscape Maintenance
A. Landscape Maintenance Required. Where a Landscape and Irrigation Documentation Plan is required pursuant to Subsection 6.05.015.B (Landscape and Irrigation Documentation Plans) of this Division, all installed landscaping shall be permanently maintained as prescribed by this Section.
1. Once installed, no landscaping shall be removed unless replaced with landscaping of a similar design, character, and coverage, at maturity.
2. Trees shall be monitored, staking inspected, and branches pruned, if necessary, pursuant to Section 6.05.020 (Tree Preservation Policy and Protection Measures) of this Division, to direct new growth, and to avoid conflict with vehicles, pedestrians, lighting, or buildings. Stakes and ties shall be removed upon establishment, typically 2 years after planting.
3. Once instal led, no landscaping shall be allowed to die -off. The replacement of dead or dying landscape materials shall occur in a timely manner, or immediately upon notification by the City, as prescribed by Division 6.10 (Property Appearance and Maintenance) of this Development Code.
4. Irrigation systems shall be maintained to prevent water waste. Broken or inefficient irrigation shall be repaired, replaced, or modified to prevent runoff from leaving the target landscape due to low head drainage, overspray, or other similar condition where water flows onto adjacent property, non-irrigated areas, walkways, roadways, parking lots or structures, unless the nonpermeable surfaces are designed and constructed to drain entirely to landscaping.
B. Landscape Maintenance Defined. On-going landscape maintenance shall consist of the following:
1. Regular watering;
2. Monitoring and treating for pests, disease, or injury;
3. Regular mowing, pruning, and the removal and replacement of dead or dying plants;
4. Regular fertilizing;
5. Clearing of debris and providing weed control;
6. Repair and/or timely replacement of irrigation systems, and components thereof;
7. Repair and/or timely replacement of integrated architectural features; and
8. Any other similar act(s) that promotes growth, health, beauty, and the life of plants, shrubs, trees, and/or groundcover/turf.
6.05.055: Landscape Design and Construction Guidelines
A. The City Council shall establish by resolution, Landscape Design and Construction Guidelines (Development Code Reference G), which are intended as a reference to assist design 699
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B. The Landscape Design and Construction Guidelines (Development Code Reference G) shall compliment the mandatory landscaping regulations contained in this Division, by providing examples of potential design solutions, and by providing interpretations of the various mandatory landscaping regulations contained in this Division.
C. The Landscape Design and Construction Guidelines (Development Code Reference G) authorized by this Section, shall be enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
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Ontario Development Code Page 6.06-1 (Rev. 12.01.2020)
Division 6.06—Street Naming and Street Address Numbering
Sections:
6.06.000: Purpose
6.06.005: Applicability
6.06.010: Assignment of Street Names and Street Address Numbers
6.06.015: Street-Naming
6.06.020: Street Address Numbering
6.06.000: Purpose
The purpose of this division is to establish policies for the naming of public and private streets and alleyways, and the address numbering of lots, parcels, dwelling units, places of businesses, and public buildings located along public and/or private streets within the City.
6.06.005: Applicability
A. The naming of any new public or private street or alleyway within the City and any request to change the previously established name of a public or private street or alley within the City shall be accomplished pursuant to the Street Naming Policy established by this division.
B. A street address number shall be assigned to a lot, parcel, dwelling unit, place of business and/or public building located along a public and/or private street within the City pursuant to the Street Address Numbering Policy established by this division.
6.06.010: Assignment of Street Names and Street Address Numbers
A. Assignment of Street Names. The Planning Director shall be responsible for the assignment of street names, and shall, upon recommendation of the Building Official, City Engineer, Fire Chief, and Police Chief, assign street names as established by Section 6.06.015 (Street Naming) of this Division.
B. Assignment of Street Addresses. The Building Official shall be responsible for the assignment of street addresses and shall assign street addresses as established by Section 6.06.020 (Street Address Numbering) of this Division.
6.06.015: Street Naming
A. Naming of Streets. Street names should be assigned based upon one of the following criteria:
1. Presidents of the United States;
2. States of the United States;
3. Cities of the United States;
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4. California counties;
5. Names of famous local, state, and national personalities who are deceased;
6. Names of culturally significant historic places and events;
7. Famous fictitious names;
8. Names of astrological constellations;
9. Colleges;
10. Colors;
11. Precious metals;
12. Rocks;
13. Trees, shrubs and flowers;
14. Fruits and nuts;
15. Armstrong registered roses; or
16. Others, as approved by the Planning Director.
B. Street Name Prefix. All street names shall be assigned a prefix based upon its direction and location in the City, as follows:
1. Each street that generally runs in a nort h-south direction, and is located north of Holt Boulevard, shall be assigned "North" as its street name prefix.
2. Each street that generally runs in a north -south direction, and is located south of Holt Boulevard, shall be assigned "South" as its street name prefix.
3. Each street that generally runs in an east -west direction, and is located east of Euclid Avenue, shall be assigned "East" as its street name prefix.
4. Each street that generally runs in an east -west direction, and is located west of Euclid Avenue, shall be assigned "West" as its street name prefix.
C. Street Name Suffix. All street names shall be assigned a suffix based upon its direction and design, as follows (excepting subregional thoroughfares, such as Holt and Mission Boulevards):
1. Each through street that generally runs in a north-south direction shall be assigned "Avenue" as its street name suffix.
2. Each through street that generally runs in an east -west direction shall be assigned "Street" as its street name suffix.
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3. Each portion of a through street that changes direction, and generally runs in a north-south direction, shall be assigned "Way," "Parkway," or "Trail," as its street name suffix.
4. Each portion of a through street that changes direction, and generally runs in an east-west direction, shall be assigned "Road," "Drive," or "Lane," as its street name suffix.
5. Each cul-de-sac in which the centerline generally points in a north -south direction at its termination point shall be assigned "Place" as its street name suffix.
6. Each cul-de-sac in which the centerline generally points in an east -west direction at its termination point shall be assigned "Court" as its street name suffix.
7. Each circling street shall be assigned "Circle" as its street name suffix.
8. Each looping street shall be assigned "Loop" as its street name suffix.
D. Naming of Private Streets and Drives. The name of a private street or drive shall be determined pursuant to Subsection A (Naming of Streets) of this Section. In addition, each private street (or a private drive, if deemed necessary or desirable by the Planning Director) shall be assigned a "Privado" or "Paseo" street name suffix to identify that the street is privately owned and maintained.
E. Naming of Alleys. Alleys shall only be named if all the following criteria are met:
1. The alley leads to a landlocked parcel with frontage only onto an all ey (no street frontage).
2. The structure(s) on the property are designated as a local historic landmark.
3. The naming will not adversely affect any other landlocked parcel.
6.06.020: Street Address Numbering
A. Assignment of Street Addresses. Street addresses shall be assigned based upon the following numbering system:
1. Euclid Avenue is hereby designated as the north -south street address -numbering axis and Holt Boulevard is hereby designated as the east -west street address-numbering axis. All streets that run in a general north -south direction shall be numbered from Holt Boulevard, consecutively, to the City limits. All streets that run in a general east -west direction shall be numbered from Euclid Avenue, consecutively, to corporate limits.
2. The numbering system shall begin at 100 and extend from each axis point.
Wherever possible, succeeding blocks shall be assigned addresses in intervals of 100. Block length shall be determined by the next street succeeding street intersection, or at 660 FT i ntervals when no street intersection exists, with one whole street number assigned for each 20 lineal FT of street frontage.
3. On north-south running streets, north of Holt Boulevard, odd address numbers shall be assigned to the west side of the street and even address numbers to the east side of the street. 704
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South of Holt Boulevard, odd address numbers shall be assigned to the east side of the street and even address numbers to the west side of the street.
4. On east-west running streets, east of Euclid Avenue, odd address numbers shall be assigned to the north side of the street and even address numbers to the south side of the street.
West of Euclid Avenue, odd address numbers shall be assigned to the south side of the street and even address numbers to the north side of the street.
5. A new street having the design of a circle or loop shall bear one given name along its entire length and shall have a street address numbering system as follows:
a. Where the entrance to the circle or loop is from an adjacent east -west running street, the address numbering shall conform to that used on the north -south streets;
b. Where the entrance to the circle or loop is from an adjacent north -south running street, the address numbering shall conform to that use on the east -west streets.
B. Posting of Street Address Numbers. The owner, occupant or person in charge of any house or building to which a number has been assigned shall be responsible for posting assigned street address numbers pursuant to the following specifications:
1. Principal buildings shall display the address number on the side where the front entrance is located. A principal building occupied by more than one business or dwelling unit shall display the assigned number at the front entrance of each tenant or dwellin g unit. In addition, commercial and industrial buildings shall display the assigned numbers at rear and side entrances facing a public alley or access drive.
2. A lot or development site having more than one building shall be assigned an address number in a manner determined by the Building Official. Commercial and industrial buildings shall display a directory at the main entrance to the site.
3. Street address numbers shall be posted so as to be conspicuously visible from the street or road fronting the property. The actual location and size of the numbers shall be approved by the Building Official, subject to the following guidelines:
a. Each individual digit stroke shall be a minimum of one inch wide;
b. Street address numerals located less than 50 FT from the s treet curb face shall be a minimum of 4 inches in height. Address numerals located from 50 to 100 FT from the street curb face shall be a minimum of 8 inches in height. Address numerals located more than 100 FT from the street curb face shall be a minimum of 12 inches in height; and
c. Street address numerals that are not visible from the street due to setback distance or would otherwise be obstructed may be posted on a freestanding structure having a maximum height of 3.5 FT and maximum area of 4 SF.
4. Street address numerals and the background to which they are affixed shall be of contrasting colors or shades and shall be of reflective material for nighttime visibility. Samples of the materials shall be submitted to and approved by the Building Official.
C. Street Address Number Required for Building Permit Issuance. No building permit shall be issued for any principal building until the owner or owner 's agent has obtained the official street 705
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address number of the premises from the Building Official. Final appro val for a certificate of occupancy of any principal building erected, repaired or expanded shall be withheld until permanent and proper street address numbers have been displayed pursuant to this division.
D. Posting of Rooftop Address Numbers. Street addresses, suite/unit numbers and letters shall be displayed on rooftops as follows:
1. Street address numbers shall be displayed on rooftops of all multiple unit residential, commercial and industrial buildings. The numbers shall face the street corresponding to the address. Numerals shall be 3 FT long by one FT wide and shall be painted in reflective white paint on a flat black painted background.
2. Any other buildings may display secondary street address numbers on rooftops in coordination with the Police Department. Numerals shall be 3 FT long by 5 inches wide and shall be painted in reflective white paint on a flat black painted background.
3. Roof top street address numbers should not be visible from the street.
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Ontario Development Code Page 6.07-1 (Rev. 05.02.2023)
Division 6.07—Reserved
**********Reserved for Future Use**********
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Ontario Development Code Page 6.08-1 (Rev. 12.01.2020)
Division 6.08—Development Projects and Subdivisions
Sections:
6.08.000: Purpose
6.08.005: Applicability
6.08.010: Maps
6.08.015: Subdivision and Development Project Design
6.08.020: Monuments
6.08.025: Reports
6.08.030: Park Dedication and In-Lieu Fee Regulations
6.08.035: Dedications and Improvements
6.08.040: Improvement Plans and Security
6.08.045: Common Interest Subdivisions
6.08.050: Conversion to a Residential Common Interest Project
6.08.055: Conversion to a Nonresidential Common Interest Project
6.08.060: Urban Lot Splits
6.08.000: Purpose
The purpose of this Division is to set forth rules and regulations for the subdivision and/or development of real property pursuant to the provisions of the Subdivision Map Act of the State of California (commencing with GC Section 66410) and the Ontario Municipal Code. Furthermore, it is the purpose of this D ivision to regulate and control all divisions of land that may be lawfully regulated by the City pursuant to the Subdivision Map Act. The provisions of this Division shall be interpreted to carry out this intent and purpose. In the event of a conflict between any mandatory provision of the Subdivision Map Act and a provision of this Division, the Subdivision Map Act shall control.
6.08.005: Applicability
A. Pursuant to the provisions of the Subdivision Map Act, and in addition to any other applicable regulations provided by State law, the regulations contained in this Division shall apply to all subdivisions or parts of subdivisions of land proposed within the corporate limits of the City, and to the preparation of subdivision maps and any other maps provide d for by the Subdivision Map Act. Prior to the subdivision and/or development of any land in the City, the subdivider and developer thereof shall conform to, and comply with, the requirements, rules, and regulations of this Division.
B. No land shall be subdivided and developed for any purpose that is not in conformity with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plan or planned unit development of the City. The type and intensity of land use shown in the Policy Plan, or applicable specific plan or planned unit development, shall determine the type of streets, roads, highways, utilities, and public services that shall be provided by the subdivider and/or the developer.
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6.08.010: Maps
The requirement or necessity for a tentative, final, or parcel map shall be governed by the provisions of this Section.
A. Tentative Tract Maps and Final Maps. A tentative tract map and final map shall be required for all subdivisions creating 5 or more lots, 5 or more condominium units, a community apartment project containing 5 or more lots, or for the conversion of a dwelling to a stock cooperative containing 5 or more dwelling units, except as provided by Section GC 66418.2 and Sect ion GC 66426.
B. Parcel Maps. A parcel map shall be required for all subdivisions creating 4 or fewer lots, or 4 or fewer condominium units, a community apartment project containing 4 or fewer lots, or for the conversion of a dwelling to a stock cooperative containing 4 or fewer dwelling units, or for those subdivisions described in Section GC 66426.
C. Exceptions to the Preparation of a Tentative Tract Map, Final Map or Parcel Map. Exceptions to the preparation of a tentative tract map or final map, or a parcel map shall be pursuant to GC Section 66426 and 66428.
D. Exclusions from the Requirement for a Tentative Tract Map, Final Map or Parcel Map. The requirement for the filing of a subdivision map pursuant to this Section shall not be applicable in those instances identified in GC Section 66412, 66412.1, 66412.2, 66412.3, 66412.5, and any other mandatory exclusions to the applicability of the Subdivision Map Act, as provided by the Act.
E. Waiver of Parcel Maps. The City Engineer is authorized to waive a parcel map pursuant to the provisions of Section 4.03.045 (Subdivisions—Parcel Map Waiver) of this Development Code.
6.08.015: Subdivision and Development Project Design
A. Design and Improvement Requirements. Pursuant to GC Section 66473.5, a subdivision for which a tentative map or parcel map is required pursuant to Section 6.08.010 (Maps) of this Division, shall be consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, any applicable specific plan or planned unit development, and this Development Code. Unless otherwise specified, design requirements and improvement requirements may be modified or waived only by the City Council.
B. Lot Requirements. All residential, commercial, mixed use, and industrial lo ts shall have direct access to a public street, except where private street, common driveway or other access easement rights are specifically approved by the City. The access easement shall be reserved on a subdivision map or by separate instrument in perp etuity, for the benefit of the effected property(ies).
C. Street Rights-Of-Way and Design Requirements. The street layout of a proposed subdivision or development project shall be consistent with all street right -of-way designations contained in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, or an applicable specific plan, at the time of tentative map approval. For alignments not specifically shown in the Mobility element, the City Engineer shall approve alignments that are consistent with the Policy Plan component of The Ontario Plan, or any applicable specific plan, master plan, and City standard. All streets (public and private) shall be designed to meet public street requirements, 711
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unless otherwise approved by the Executive Director Development or both the City Engineer and Planning Director.
D. Utility Easements. Whenever overhead utilities are allowed in a proposed subdivision or development project by this Development Code, utility easements of sufficient width shall b e located along the rear or side lot lines. Whenever possible, such easements shall extend an equal distance into each of the 2 abutting lots. This requirement may be modified by the Approving Authority, if warranted by unusual circumstances in a particula r proposed subdivision.
Underground utility easements, whenever necessary and to the extent practicable, shall be adjoining and parallel to lot lines.
E. Drainage Easements. The design of a proposed subdivision or development project shall provide for the proper drainage of the proposed subdivision or development project, and all lots and improvements therein, based upon the runoff that can be anticipated from ultimate development of the watershed area where in the subdivision is located. Stormwater detention measures shall be provided when required by the City Engineer, to reduce any adverse effects of increased runoff from development on downstream properties.
F. Lighting and Maintenance Districts and Community Facilities Districts. The City may cause the annexation of an area within a subdivision or development project to be annexed into a Lighting and Maintenance District (LMD), Community Facilities District (CFD), or similar appropriate district, prior to the recordation of a final map or parcel map, or vesting map.
G. Energy Conservation. Pursuant to GC Section 66473.1, the design of a subdivision for which a tentative map is required pursuant to Section 6.08.010 (Maps) of this Division, or a development project, shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
H. Cable Television Systems. Pursuant to GC Section 66473.3, the Approving Authority may require the design of a subdivision for which a tentative map or parcel map is required pursuant to Section 6.08.010 (Maps) of this Division, to provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and Internet services, to each lot in the subdivision. This provision shall not apply to the conversion of existing dwelling units to a common interest project.
6.08.020: Monuments
A. Pursuant to GC Section 66495, at the time of survey of the final map or p arcel map, the engineer or surveyor shall set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey. The exterior boundary of the land being subdivided shall be adequately monumented or referenced prior to recordation of the final map or parcel map.
B. The subdivider shall submit to the City Engineer, in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline monuments. A minimum of 3 ties shall be shown for each ce nterline monument. All monuments set, and tie monuments set, shall be permanently marked or tagged with the registration or license number of the responsible engineer or surveyor.
C. Interior monuments need not be set at the time the map is recorded, provide d the engineer or surveyor certifies on the map that the monuments will be set prior to City Engineer acceptance of the improvements or within 2 years following the recordation of the final map, 712
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whichever is later, and the subdivider furnishes to the City, security guaranteeing the full payment of the cost of setting the monuments.
D. Pursuant to GC Section 66497, the engineer or surveyor shall notify the subdivider and the City Engineer when monuments have been set. If the subdivider does not present evidence to the City that the engineer or surveyor has been paid for the setting of the final monuments, and the engineer or surveyor notifies the City that payment has not been received from the subdivider for the setting of the final monuments, within 3 months following the date of notification, the City shall pay the amount due to the engineer or surveyor from the monument deposit.
E. In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the City Council may direct the City Engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may release his obligation to set the final monuments to the surveyor or engineer who replaced him, by letter to the City Engineer. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this Section and the provisions of GC Section 66498, and GC Section 66499 through 66472, inclusive.
6.08.025: Reports
A. Soils Report.
1. Prior to the approval of a final tract or parcel map, vesting map, or development plan, the City may require that the subdivider and/or developer submit a preliminary soils report.
If required, the report shall be prepared by a civil engineer who is regist ered by the State of California and shall be based upon adequate test borings or excavations in the subdivision.
2. A soils report shall be prepared by a qualified civil or geotechnical engineer, who is registered by the State of California. An investigation of each parcel in the subdivision shall be prepared if the preliminary soils report (if required) indicates the presence of any of the following problems:
a. Critically expansive soils or other soil problems that, if not corrected, would lead to structural defects;
b. Rocks or liquids containing deleterious chemicals that, if not corrected, could cause construction materials, such as concrete, steel, and ductile or cast iron, to corrode or deteriorate; or
c. The presence of methane gas and/or other toxic gases o r substances, which, if not corrected, could cause life endangerment.
3. The soil investigation shall recommend corrective action that is likely to prevent structural damage to each building proposed to be constructed in the area where the soil problem exists.
4. The City shall approve a soils report (if required) upon determination that the recommended corrective action is likely to prevent structural damage to each building to be constructed in the area where a soil problem exists. The subdivider may appeal the determination to the City Council pursuant to the procedures set forth in Division 2.04 (Appeals) of this 713
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Development Code. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
B. Geological Hazard Reports.
1. Prior to the approval of a final tract map or parcel map, vesting map or development plan, the City may require subdivider or de veloper submit a geological hazard report if the subdivision includes land within a geologic hazard area identified in the Policy Plan (General Plan) component of The Ontario Plan or by the California Department of Conservation, or if the Building Official determines that other geological conditions warrant the preparation of a report. The report shall be prepared by a civil engineer who is registered by the State of California and shall be based upon appropriate field observations.
2. If the geological hazar d report indicates the presence of a potential geological hazard to life, health, or property, a qualified civil or geotechnical engineer, who is registered by the State of California, shall prepare a geological mitigation plan that identifies corrective a ction for the potential hazard, which shall be filed with the City.
3. The City shall approve the mitigation plan if it is determined that the recommended corrective action is likely to mitigate the potential hazard. The subdivider may appeal the determination to the City Council, pursuant to the procedures set forth in Division 2.04 (Appeals) of this Development Code. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each build ing.
6.08.030: Park Dedication and In-Lieu Fee Regulations
A. Purpose. These park dedication and in -lieu fee regulations are enacted pursuant to the authority granted by GC Section 66477 and shall be interpreted consistent with the provisions thereof. The park and recreational facilities for which payment of impact fees and/or dedication of land are required by the terms of this Section shall be provided in accordance with the standards, specifications, and requirements of the Vision, Policy Plan (General P lan), and City Council Priorities components of The Ontario Plan, any applicable specific plan, and any other applicable resolution, policy, or standard of the City.
B. Applicability.
1. Effect on Other Laws . With respect to the requirement for the payment of impact fees or the dedication of land for park and recreational purposes by the subdivider or developer of a residential project, or the residential portion of a mixed -use project, pursuant to this Development Code, this Section shall supersede all other o rdinances or regulations of the City inconsistent herewith. The enactment of this Section shall not supersede any other provisions or authority adopted by ordinance of the City Council, unless expressly stated in this Section.
2. Exemptions. The provisions of this Section shall not apply to subdivisions containing less than 5 parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within 4 years, an impact fee may be required to be paid by the owner of each parcel as a condition to the issuance of such permit. In addition, the provisions of this Section shall n ot apply to nonresidential subdivisions; or to condominium or stock cooperative projects that consist of the subdivision of 714
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airspace in an existing apartment building that is more than 5 years old, when no new dwelling units are added.
C. Definitions. The following definitions shall govern the meaning of the words as used in this Section, unless from the context in which the word is used, a different meaning is clearly intended:
1. Fair Market Value . The value of land set forth in the City 's general and specifi c plans, which are earmarked to be acquired by the City upon which the City intends to locate park and recreational facilities to service residents of the subdivision. Fair market value shall be based upon an appraisal by a qualified appraiser selected by the City, which appraisal shall be updated from time to time by the City. The fair market value shall be determined as of the time the final map or parcel map is filed. With regard to any park and recreation improvements, or equipment provided by the subdi vider, the fair market value shall be the actual cost to acquire, construct, or install the improvement or equipment.
2. Park. A lot that is, or contiguous lots that are, owned, operated, and maintained by a public agency or private association, and which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working, or visiting in the City. Parks may be classified as community parks, including community centers, athletic facilities, large multi-user swimming pools, picnic areas, cultural centers, or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the imme diate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to, open space areas suitable for active or passive uses.
3. Park and Recreational Facilities . Any public improvements deemed necess ary by the City to develop, improve, or rehabilitate land and facilities for park and recreational purposes.
Such improvements may include, but not be limited to, grading; landscaped areas for active and passive recreational use, open space and sports fiel ds; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings , swimming pools; volleyball, basketball, tennis, racquetball, and other courts; vehicle driveways and parking areas, and any other facilities which may hereafter be authorized by state law or approved by the City.
4. Private Open Space . Privately owned land and facilities for park and recreation purposes provided within a subdivision, and perpetually maintained and operated by the future residents or owner of the subdivision.
D. Payment of Impact Fees or Park Dedication Required. As a condition of approval of a tentative tract or parcel map, final tract or parcel map, or development project for a residential subdivision or the residential portion of a mixed -use project, or for a building permit within a subdivision, the subdivider shall be required to pay an im pact fee, offer for dedication of park land in lieu thereof, or both, at the sole and exclusive option of the City, in the amount provided in this Section, for park and recreational purposes, unless the subdivider is exempted from this requirement by the e xpress provisions of this Section. The payment of an impact fee and/or offering for dedication of land shall be at the time and according to the standards and formula contained in this Section.
E. Standards for Determining Dedication/Maximum Requirement.
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1. General. If the park dedication is required under Subsection D (Payment of Impact Fees or Park Dedication Required), above, the park area required shall be determined pursuant to the standards provided in this Section.
2. Standard of Park Area to Population (P ark Area Standard Ratio) . it is found and determined that the public interest, convenience, health, safety, and welfare of the residents of the City require that 5.0 acres of property for every 1,000 persons residing within the City be devoted to local park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the City. The ratio of 0.005 shall hereafter be referred to as the "Park Area Standard Ratio."
3. Computation of Maximum Area of Public Parkland to be Dedicated.
a. The maximum amount of public park land required to be dedicated by a subdivision or development project shall be equal to the Total Number Of Dwelling Unit Types multiplied by the dwelling unit occupancy factor established pursuant to Subparagraph b, below, multiplied by 0.005 (the Park Area Standard Ratio of 5.0 acres per 1,000 population). The computation is represented as follows:
Area of Public Parkland to be Dedicated = (Total Number of Dwelling Unit Types) x (Dwelling Unit Occupancy Factor) x (0.005)
b. The Dwelling Unit Occupancy Factor for each housing type shall be established by resolution of the City Council, based upon the latest available census data.
c. The City Council, by resolution, may re quire a dedication of parkland less than the maximum amount set forth above if the City Council finds, and clearly establishes that a smaller dedication will adequately serve the public interest, convenience, health, safety, and welfare of the residents of the City.
4. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the applicable criteria specified in Section 6.08.035 (Dedications and Improvements) of this Division.
F. Standards for Determining Park Impact Fee/Maximum Fee.
1. When required by Subsection G (Determination of Dedication, Fees, or Combination) of this Section, the subdivider or developer shall pay to the City, a fee in lieu of making an offer of parkland dedication. For the purposes of impact fee calculation, 3.0 acres of property for every 1,000 persons residing within the City shall be determined to be devoted to local parkland and recreational purposes, thereby resulting in the ratio of 0.003 t o be hereafter referred to as the "Park Area Fee Standard Ratio."
2. The Park Impact Fee shall be equal to the total number of dwelling units multiplied by the Dwelling Unit Occupancy Factor established pursuant to Subparagraph E.3.b (Dwelling Unit Occupancy Factor) of this Section, multiplied by the Park Area Fee Standard Ratio, multiplied by the area of parkland to be dedicated under Paragraph E.3 (Computation of Maximum Area of Parkland to be Dedicated) of this Section, multiplied by the fair market value of the land to be developed by the City for parkland and recreational facilities. The computation is represented as follows:
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Park Impact Fee = (Total Number of Dwelling Units) x (Occupancy Factor) x (0.003) x (Fair Market Value of Land to be Developed)
G. Determination of Dedication, Fees, or Combination.
1. Impact Fee Generally Required . Where required by the City or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the City or other adopted resolution policy or standard of the City, the subdivider or developer shall pay an impact fee computed in accordance with Subsection F (Standards for Determining Impact Fees/Maximum Fee), above, to be used for park and recreational purp oses to serve the residents of the area being subdivided and other members of the public.
2. Dedication in Lieu of Impact Fee . Where a park or recreational facility has been designated in the Policy Plan (General Plan) component of The Ontario Plan of the Ci ty, or other adopted resolution policy or standard of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision and other members of the public, the City may require the subdivider to dedicate land for a park and provide recreational facilities thereon in lieu of payment of an impact fee as provided in this Section, if the City determines that dedication is desirable as provided in this Section. If the fair market value of the park and recreational facilities provided is less than that required hereunder, the difference shall be paid by the subdivider as an impact fee.
3. Combination of Land and Fees . The City may accept a combination of land, recreational facilities, and fees, with the respective amounts to be determined by the sole discretion of the City, so long as the aggregate fair market value of the land and recreational facilities, plus in-lieu fees, does not exceed the limits established in this Section.
4. Determination of Land or Fee . Whether the City requires payment of an impact fee, or requires land dedication in lieu thereof, or a combination of both, shall, in the City 's sole discretion, be determined by consideration of the following, and such determination shall be final and conclusive:
a. The provisions of the City's general plan, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the City;
b. Topography, geology, access and location of land in the subdivi sion available for dedication;
c. Size and shape of the subdivision and land available for dedication;
d. The feasibility of dedication;
e. Access and location of other park sites to subdivision; and
f. Need of other accessible park sites for development, improvem ent, and rehabilitation.
5. Impact Fees for Subdivisions of 50 Parcels or Less . If the subdivision contains 50 lots or less, only the payment of impact fees may be required, except that condominium, stock cooperative or community apartment projects may be re quired to dedicate land if they have more than 50 dwelling units.
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H. Subdivider Credits.
1. Public Parks. The subdivider shall receive a credit against the impact fee payment or park dedication requirement for the fair market value of any land dedicated and for the value of any park and recreation improvements provided by subdivider in conjunction with any public park. The value of such improvements shall be determined by City based upon Paragraph C.4 of this Section.
2. Private Park . In conjunction with any plan ned development, real estate development, stock cooperative, community apartment, or condominium, as defined by state law, if the subdivider provides private open space as defined in Subsection C (Definitions) of this Section, then the subdivider may receive a credit against the park dedication requirement of this Section, in an amount to be determined by the City Council or its designee, but such credit shall not exceed 33 percent of such impact fee payment or park dedication requirement. The actual amount of such credit shall be determined by the City Council or its designee, based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational us es.
3. Application of Credits . The credits provided by Paragraphs H.1 and H.2, above, shall be applied to reduce the subdivider 's obligation to dedicate and/or pay an impact fee as required under this Section, but only to the extent of such credit.
I. Disposition of Land or Fees.
1. The amount and location of land to be dedicated, or the impact fees to be paid, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with GC Section 66477, it is expressly acknowledged that the land to be dedicated or impact fees to be paid may be for both neighborhood and community parks. In addition, such impact fees may be used to improve or rehabilitate existing parks.
2. Impact fees paid by a subdivider pursuant to this Section may be spent to develop, improve, and rehabilitate community and neighborhood parks even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the parks and amount of the impact fees.
J. Time of Payment of Impact Fees or Land Dedication. All park impact fees shall be paid directly to the City Cashier at the time of issuance of a building permit for each lot within the subdivision. In the event of a dedication requirement, the subdivider shall make an irrevocable offer of dedication to the City at the time of recordation of the final map.
K. Schedule of Performance.
1. City's Schedule. The City shall prepare and maintain a schedule specifying how, when, and where land or impact fees, or both, which were dedicated to the City to develop park or recreational facilities will be used. Any impact fees collected pursuant to t his Section shall be committed within 5 years after the payment of such fees or the issuance of building permits on 50 percent of the lots created by the subdivision, whichever occurs later. If any fees are not so committed, they shall be distributed to subdivision owners in accordance with law.
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2. Subdivider's Schedule. In the event that a subdivider improves or develops parks for public or private ownership, they shall prepare a schedule specifying when, how, and where they will develop the park or recreati onal facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.
L. Procedure. Unless otherwise expressly provided in this Section, any decision or action required by City in this Section shall be made after the duly noticed public hearing, at the time of approval of the tentative tract map or parcel map by the Approving Authority. Such decision or action shall be made a condition of approval of the subdivision map and shall be final and conclusive in the absence of a timely filed appeal pursuant to Division 2.04 (Appeals).
6.08.035: Dedications and Improvements
A. General Requirements.
1. The public need, safety, and general welfare require that dedications, offers of dedication, and irrevocable offers of dedication of real property for various public uses be made to the City, or other public agency or district, as conditions precedent to the approval or conditional approval of tentative tract or parcel maps, final tract and parcel maps, development plans, reversions to acreage, lot line adjustments, and consolidations and combinations of lots, or any other action or event requiring evidence of official City approval.
2. Dedications may be required for streets, highways, alleys, public se rvice easements, courts, walkways, bicycle trails, equestrian trails, recreation trails, vehicular and pedestrian access rights, slopes, storm drains, watercourses, floodplains, sewers, water lines, water rights, public utilities, traffic signal facilities , transit facilities, environmental enhancement, landscaping, parks, recreation areas, and for all other public uses not specified, if found to be required to conform to, or implement the Policy Plan (General Plan) component of The Ontario Plan or any element thereof, or any applicable specific plan, planned unit development, master plan, and/or City standard. Dedications may also be required by the City on behalf of any other public agency or district.
B. Dedication Requirements.
1. Dedications for streets and highways shall be to the width as designated by the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan and City standards, or as designated by an approved specific plan. Deviations may be allowed for streets and highway width s not shown in the Mobility Element, or in any approved specific plan, based upon the land use, traffic volumes or other factors as determined by the City Engineer.
2. Dedications for other public easements shall be based upon the need for service, accessibility, topography, clearances available, and other circumstances and factors as determined by the City Engineer.
C. Method of Dedication. Dedications shall be made to the City by the following prescribed methods:
1. Final Map, Parcel Map , or Development Project . All streets, highways, alleys, easements, and lots offered for dedication or to be dedicated shall be clearly indicated on the map or development plan. They shall be clearly described in the appropriate statement on the 719
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2. Separate Instrument . Where dedications are made a requirement of the final approval of a Lot Merger, Development Plan, Conditional Use Permit, building permit, or any other permit, and no final map or parcel map is required to be filed and recorded as a condition thereof, the required dedications shall be made by separate instrument in a form approved by the city attorney, which shall be signed, executed and acknowledged by all parties having record title interest in the property or rights being dedicated. Preparation, execution, and delivery of the fully executed instrument shall be made prior to the final approval by the City of the lot consolidation, lot combination, development plan, or permit being requested.
3. Fee Title. Fee title shall be granted by the subdivider when in the opinion of the City Engineer, in consultation with the City Attorney, it is necessary to carry out policies and requirements of t he Policy Plan (General Plan) component of The Ontario Plan, and any City ordinance, resolution or standard.
D. Acceptance of Dedications. Acceptance of dedications shall be in conformance with the following:
1. At the time of final map or parcel map acceptance and approval, the Approving Authority may accept or accept subject to improvement , any or all dedications or offers of dedication. The City Clerk shall certify the action by the Approving Authority on the map.
2. Until any dedication is accepted by the Cit y by execution of a Certificate of Acceptance recorded in the office of the County Recorder, the City shall not be responsible for, and shall not incur, any liability with respect to the offered property.
3. If any dedication is accepted, including but not limited to road or street, path, storm drain, sanitary sewer, water (potable or recycled), public utilities, and/or other public use easement, the acceptance shall be completed by the execution and recordation of a Certificate of Acceptance, recorded in the office of the County Recorder.
4. If any dedication is accepted subject to the completion and acceptance of public improvements, the City shall not be responsible for or incur any liability with respect to such dedication, unless and until the public impro vements are completed by the subdivider and accepted by the City as evidenced by a notice of completion issued by the City Engineer pursuant to Section 6.08.040.J.4 of this Division. The ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the public improvements are completed and accepted.
5. Offers of Dedication may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by the Streets and Highways Code (SHC), commencing with SHC Section 8300 or SHC Section 940, as applicable.
6. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the County Recorder, or a separate resolution of acceptance, approved by the City Council, is filed in such office.
E. Dedication of Land for Public Access. All vehicular and pedestrian access rights shall be dedicated to the City for those lots abutting any major, pri mary, secondary or collector street, flood control channel, park, or bike trail, except at designated locations. 720
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F. Dedication of Land for Public Schools. Pursuant to GC Section 66478, the City may reserve an elementary school site within a proposed subdivis ion for later purchase by the appropriate school district. Whenever there is consideration of an area for a public school site within a subdivision, the city shall notify the school district and the State Department of Education, in writing, of the propose d site. The notification shall include the identification of any existing or proposed airport runways within the distance specified in State Education Code Section 17215.
1. Standards. As a condition of approval of a tentative or vesting tentative map, and as allowed by state law, a subdivider who develops or completes the development of one or more subdivisions within the school districts serving said subdivision, shall dedicate to the school district such lands as the Approving Authority deems necessary, fo r the purpose of constructing elementary schools necessary to assure the residents of the subdivision adequate public school service.
2. Consistency with Policy Plan (General Plan). School sites offered for dedication shall conform to the policies in the Pol icy Plan (General Plan) component of The Ontario Plan and relevant specific plans, and the requirements of the school district.
3. Timing. The requirement of dedication shall be imposed at the time of approval of the tentative or vesting tentative map. If, w ithin 30 days following the requirement to dedicate is imposed by the City, the school districts do not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days following the filing of the final map on any portion of the subdivision.
4. Repayment of Costs. Upon accepting the dedication, the school district shall repay to the subdivider, or their successors, the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
a. The cost of any improvements to the dedicated lands since acquisition by the subdivider;
b. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and
c. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
5. Exception. These dedication requirements for public school lands shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.
G. Dedication for Streets. In order to meet the City 's transportation goals as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, any subdivider or developer of land shall dedicate, or make an irrevocable offer of dedication, of all land withi n the subdivision or the site that is needed for public streets and alley ways.
1. When Required . The dedication, or irrevocable offer of dedication, of land for streets and alley ways shall be a condition of approval of any tentative tract or parcel map, or vesting map submitted pursuant to Section 4.02.095 (Subdivisions —Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code, or the approval of any Development Plan 721
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a. Any accessory building that does not exceed 1,000 SF of GFA;
b. Any alteration, enlargement, or addition that does not exceed 50 percent of the area of an existing building, dwelling, or land use, not to exceed 2,000 SF of GFA;
c. The installation or construction of walls, fences, or signs;
d. Temporary land uses not exceeding 30 days duration; and
e. Unenclosed agricultural land uses legally established pursuant to Table
5.02-1 (Land Use Matrix) of this Development Code.
2. Rights-of-Way. Street dedications shall include the full right-of-way required for the functional classification of roadway as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, and applicable specific plans, and Section
6.08.015 (Subdivision Design) of this Division.
3. Street Design. Streets to be dedicated to the City, as well as any private streets, shall follow the design specifications in Subsection 6.08.015.C (Street Rights-of-Way) of this Division.
H. Dedication for P edestrian and Bicycle Paths . Whenever a subdivider or developer is required to dedicate roadways to the public, a dedication of land may be required to provide bikeways and pedestrian paths for the use and safety of the residents of the subdivision, or to provide bikeways and pedestrian paths as shown in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, any bicycle or pedestrian master plan adopted by the City, or an applicable specific plan.
I. Dedication for Local Transit Facilities. In order to provide adequate local transit facilities, whenever a subdivider or developer is required to dedicate roadways to the public, a dedication of land shall be required for local transit facilities, such as bus turnouts, benches, shelters, landing pads, and similar items, that directly benefit the subdivision, or the community as a whole, as required by the Planning Director and/or the City Engineer, and as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, or an applicable specific plan. To facilitate a logical phasing of transit facility improvements, the City may require the payment of a fee in lieu of the construction and installation of required improvements.
J. Improvement of Bridges, Signals, and Thoroughfares. Pursuant to GC Section 66484 and Section 4.02.025 (Development Plans) of this Development Code, the subdivider or developer shall pay traffic impact fees for the purpose of defraying the actual or estimated cost of constructing major thoroughfares, other citywide transportation improvements or bridges. The City Council shall establish procedures and standards for determining the appropriate fees.
1. Construction, modification, or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, development plan, or 722
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2. Where the development of a subdivision or other project will be phased over a period time, and, in the opinion of the City Engineer, the full effect of increased burden on the streets will not be realized immediately, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. In lieu of a cash deposit, the subdivider or developer may be permitted to post a bond or other surety to guarantee the installation of required traffic signals in a form satisfactory to the City Engineer and City Attorney. The exact amount, details and t iming of the deposit and future construction shall be subject to an agreement between the city and the subdivider or developer.
K. Groundwater Recharge Facilities. Pursuant to GC Section 66484.5, the subdivider shall pay fees for the purpose of constructing recharge facilities for the replenishment of the underground water supply in that area of benefit. The City Council shall establish procedures and standards for determining the appropriate fees.
L. Reservations for Other Public Uses. In addition to the dedic ations for specific public uses that this Section requires, the subdivider or developer shall reserve land within the subdivision for wells, fire stations, libraries, or other public uses, consistent with the Policy Plan (General Plan) component of The Ontario Plan and applicable specific plans, provided that:
1. Develop in an Orderly and Efficient Manner . The reserved area is of a size and shape that permits the balance of the property within which the reservation is located to develop in an orderly and efficient manner;
2. Feasibility of Development . The amount of land reserved will not make development of the remaining land held by the subdivider economically infeasible; and
3. Consistency with Policy Plan (General Plan). The reserved area shall conform to the Policy Plan (General Plan) component of The Ontario Plan and applicable specific plans, and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed pe riod. In such an event, the subdivider shall make those changes that are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.
M. Drainage Facilities and Grading. Drainage facilities shall be provided and installed as necessary to help protect the lots, parcels, buildings, and structures from flooding, and to minimize flooding of the public streets therein or abutting the property.
1. Facilities shall be designed to minimize the inundation of private properties from storm runoff emanating from a 100-year frequency storm.
2. Public streets shall be protected from flooding from runoffs of a 10 -year frequency storm pursuant to City standards or approved equivalent. Protection to higher levels may b e required by the City Engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns, and the requirements of the San Bernardino County Flood Control District.
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3. Hydrologic and hydraulic calculations and studi es for required facilities shall be subject to review and acceptance by the City Engineer and/or Building Official. All grading done in conjunction with the development of a tract or property shall be performed in conformance with the City's building code, the City grading standards, and good engineering practices.
4. On-site and off -site storm drain facilities, and site grading, shall be designed and constructed to prevent undue erosion of the site or off -site properties, and to prevent excessive deposits of mud, silt, or debris upon any public street or easement, or within any channel, storm drain facility, swale, or watercourse. The drainage facilities shall be designed in accordance with the City's drainage master plan, applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, and any applicable specific plan.
N. Sewage Facilities Improvements. Sewer mains, manholes, and appurtenances shall be constructed to serve each subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot therein. All such facilities shall be installed prior to the paving of the streets, alleys, or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades, and design pursuant to City standards, and applicable elements of the Policy Plan (General Plan) component of The Onta rio Plan, or any applicable specific plan.
O. Water Supply System Improvements. Water mains, service meters, cross connection control devices, valves, fire protection facilities, and all other appurtenances of the water system shall be provided to the applic able City master plan(s), and water lines, grades, and design shall be pursuant to City standards, and as required by applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, or any applicable specific plan.
P. Underground Utiliti es and Service Lines. Whenever any tentative tract or parcel map, development project, or map for the reversion of lots to acreage is filed, all electrical, telephone, cable television, and similar wires, cables, services, and appurtenances that provide direct service to the property being subdivided, divided, or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure, or development being added to or rebuilt, shall be underground as a condition precedent to the approval of the tentative tract or parcel map, by the City Council or City Engineer, as applicable.
Q. Development Impact Fees.
1. Prior to the issuance of a building permit for construction on any lot within any subdivision or developmen t project, the applicant for such permit shall pay all development impact fees established by resolution or ordinance of the City.
2. The City Council may authorize by resolution, the imposition of development impact fees that are less than the maximum fees, to encourage the development of undeveloped and underdeveloped properties within the "Old Model Colony" area of the City.
3. Where it is determined that the public interest would be served by such an agreement, the City Manager is hereby authorized to negot iate and execute agreements on behalf of the City, in order to provide credits to a project applicant against certain development impact fees, in exchange for the applicant's construction and dedication of public improvements on those reasonable terms and conditions as may be negotiated on a case-by-case basis, subject to approval by the City Council.
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4. The City Manager is further authorized to negotiate and execute agreements to defer, waive, or reduce any development impact fees imposed upon an applicant for a particular development project, based upon evidence presented by the Applicant, that:
a. The development project will provide a general benefit to the health, safety, morals, and welfare of the citizens of the City, and will not only be of special benefit to the project applicant;
b. Other properties to be benefitted by any development impact fee will not be unfairly burdened by the delay, reduction, or waiver of said development impact fee; or
c. Deferral, waiver, or reduction in development impact fees wil l result in a more fair funding arrangement, and in the case of waiver or reduction, the owner will receive insufficient or no benefit from the development impact fee imposed, and would, therefore, be required, if the fee(s) were imposed in full, to pay mo re than their fair share for the benefit received.
5. The required findings (Subparagraphs 4.a through c, above) and any resulting agreement(s) to defer, waive, or reduce any development impact fee(s) shall be subject to approval by the City Council.
R. Condemnation Proceedings. When any dedication, improvement or design is required by the City Engineer, and the subdivider or developer does not have full control of the land required in connection with the dedication, improvement or design, and condemnation proc eedings are necessary as determined by the City, the subdivider or developer shall pay all necessary and reasonable costs involved in the condemnation or acquisition including, but not limited to, appraisal and court costs.
6.08.040: Improvement Plans and Security
A. Design of Improvement Plans.
1. Following approval of a development project, tentative tract or parcel map, or vesting tentative map, and prior to the submission of any final map or parcel map, the subdivider or developer shall prepare and subm it complete sets of improvement plans and cost estimates for any improvement(s) required.
2. The acceptance of all required improvement plans by the City Engineer shall be a prerequisite to the approval of the final map or parcel map, and in the case of a de velopment project, shall be prerequisite to the issuance of any building permit.
3. All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required pursuant to this Division shall be provided at no expense to the City and shall be prepared pursuant to the requirements of this Section and as required by the City Engineer.
4. Construction plans for street, alley, drainage, sewer, and water improvements, traffic signals, and streetlights, and for any oth er required improvements, shall be drawn on standard City mylar film, in indelible ink, and shall be filed with the City Engineer for checking and review prior to their acceptance. All maps, sketches, descriptions, estimates, plans and other 725
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Ontario Development Code Page 6.08-17 (Rev. 12.01.2020) drawings and items required to fulfill the requirements of this Division shall also be provided in the form, content, number, and details as specified by the City Engineer.
5. The plans and profiles of all required and proposed public and private improvements in a subdivi sion or development plan shall be furnished to the City Engineer and shall be ready for acceptance before a final map of the subdivision or the development plan is presented to the Approving Authority for approval.
6. No construction work shall commence on any of the improvements shown on any construction or improvement plans required herein until the plans have been reviewed, approved, and signed by the City Engineer. After acceptance and signature by the City Engineer, all original drawings shall become the property of the City.
B. Application Requirements. The improvement plans shall be prepared by or under the direction of a registered civil engineer licensed by the state of California, and shall show the complete plans, profiles and details for all streets and appurtenances, storm drainage, water systems and fire hydrants, sewers, utilities, grading and all other improvements proposed or necessary, on-site and off-site. They shall meet all the requirements deemed necessary by the City Engineer.
C. Application Review Process.
1. Upon receipt of a complete set of improvement plans, the City Engineer shall cause the plans to be reviewed and return one set to the applicant or their engineer, with the required revisions, if any, marked thereon.
2. When the plans are found to be complete and satisfactory to the City Engineer, the applicant shall submit copies in the number and term deemed necessary by the City Engineer.
The copies shall be accompanied by any additional number of complete sets of copi es the applicant, their engineer, and contractors may require, to be noted as approved by the City Engineer.
D. Acceptance by City Engineer.
1. Upon finding that all required revisions have been made, all required fees have been paid, and the plans conform to all applicable City ordinances, standards, and conditions of approval imposed upon the tentative map or development plan, the City Engineer shall accept the improvement plans.
2. Pursuant to GC Section 66456.2, the City Engineer shall act within 60 days of receiving the preliminary improvement plans and calculations, except that at least 15 days shall be provided for processing any resubmitted improvement plan. The period of 60 days shall not include any days during which the improvement plans have been retur ned to the subdivider for corrections or have been subject to review by any party other than the City or a private entity contracted by the City.
3. The City Engineer 's acceptance of improvement plans shall not relieve the subdivider or developer of responsi bility for the design of the improvements and for any deficiencies in the improvements.
E. Permit Required. The subdivider or developer shall not commence work on any portion of improvements prior to the issuance of an encroachment permit and payment of appl icable 726
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(Rev. 12.01.2020) Page 6.08-18 Ontario Development Code permit and inspection fees. The City Engineering Department shall be notified in advance of commencement of any portion of the work.
F. Construction of Improvements.
1. All construction methods and materials for improvements shall conform to the approved improvement plans, the requirements of the applicable construction permit, and any other applicable City standards and requirements.
2. All construction of improvements is subject to inspection by the City Engineer. The subdivider and/or developer shall no tify the City Engineer before beginning the construction of any improvements. The City shall always have full access to the improvement work during its construction.
G. Completion of Improvements/Subdivision Improvement Agreement.
1. If any public improvement required with the approval of a subdivision will not be completed and accepted pursuant to Section 6.08.035 Dedications and Improvements) of this Division, prior to approval of the final map, the subdivider, at their expense, shall enter into a Subdivision Improvement Agreement as a condition precedent to approval of the final map, to complete the public improvements. Performance of the Subdivision Improvement Agreement shall be guaranteed by the security specified in Subsection I (Improvement Security) of this Section, and GC 66499 et seq.
2. A subdivision improvement agreement shall be prepared by the City Engineer in a form approved by the City Attorney, and shall provide for the following:
a. Construction of all improvements shall be as set forth in the approved plans and specifications;
b. The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer;
c. Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement;
d. If the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been grante d to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and their surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of said cost and expense until paid;
e. In the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, their successors or assignees will pay all costs involved, including reasonable attorney's fees, and that the same may be recovered as part of a lien against the real property; and
f. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting 727
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Ontario Development Code Page 6.08-19 (Rev. 12.01.2020) party to comply with the terms and provisions thereof or with the terms and provisions of this Development Code.
3. A subdivision improvement agreement shall be valid for a period s pecified in the agreement, but not to exceed 2 years from the effective date of the agreement.
a. The term of a subdivision improvement agreement may be extended at the discretion of the City Engineer.
b. A subdivision improvement agreement shall not only bind the present subdivider, but also all heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final or parcel map.
H. Inspection of Improvements.
1. The construction of improvements required pursuant to this Division shall be subject to inspection and testing by the City Engineer to ensure compliance with the standards and specifications specified and required by this Division. All work and improvements shall be found to conform to the standards and specifications as a condition of the City's acceptance and release of any improvement securities held therefor.
2. No construction shall commence or continue without arrangements first having been made with the City Engineer for inspection. The City Engineer and his authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any or all work and construction if it is found that the work is unauthorized, i s unsafe in any way to the workers or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with city standards, specifications, or city-approved construction plans.
Reasonable access to the const ruction and work shall be provided at all times so that full knowledge of the progress, workmanship, and character of the materials used in the work can be gained.
3. Upon completion of the required improvements, the subdivider or developer shall apply in writing to the City Engineer for preliminary final inspection. The City Engineer shall conduct a preliminary final inspection and prepare a deficiency list, noting all additional work to be performed and deficiencies in existing work to be corrected. The C ity Engineer shall provide a copy of the deficiency list to the subdivider or developer. If there are an excessive number of deficiencies or missing improvements, the City Engineer may choose to postpone the inspection.
4. After the subdivider or developer h as corrected all of the items on the deficiency list, the subdivider or developer shall apply to the City Engineer for final inspection. The City Engineer shall conduct a final inspection and verify that the items on the deficiency list have been corrected. Upon verification, and after receiving record drawings (improvement plans), the City Engineer shall accept the improvements and issue a notice of completion to the subdivider or developer.
5. The City Engineer's acceptance of improvements shall not relieve the subdivider or developer of responsibility for correcting any deficiency that subsequently is discovered.
I. Improvement Security. Performance of a subdivision improvement agreement required pursuant to Subsection G (Completion of Improvements/Subdivision Improvement Agreement) of this Section shall be guaranteed by the security specified herein and GC Section 66499 et seq. 728
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(Rev. 12.01.2020) Page 6.08-20 Ontario Development Code Any public improvement required with the approval of the Development Plan submitted pursuant to Section 4.02.025 (Development Plans) of this Development Code, at the discretion of the City Engineer, shall be guaranteed by the security specified herein.
1. Acceptable Forms of Required Improvement Security. Improvement securities shall be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final map or parcel map, parcel map waiver, lot line adjustment, lot merger or development project. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to approval and acceptance by the City Engineer and City Attorney:
a. Bonds by Authorized Corporate Sureties. One or more bonds by one or more duly authorized corporate sureties substantially in the form prescribed by th e Subdivision Map Act, and subject to approval and acceptance by the City Attorney and City Council;
b. Negotiable Bonds or a Letter of Credit. A deposit with the City of immediately negotiable bonds or a letter of credit; or
c. Cash and/or Negotiable Bonds of The Kind Approved for Securing Deposits of Public Moneys. A deposit with the City or a responsible escrow agent or trust company, at the option of the City, of cash and/or negotiable bonds of the kind approved for securing deposits of public moneys; or
d. Lien or Other Security Interests. Any other form of security, including a lien or other security interests in real property, which the City Engineer and the City Attorney may, in their discretion, allow; provided, they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity. Any written contract or document creating security interests shall be recorded in the Office of the County Recorder. From the time of recordation, a lien shall attach to the real property described therein, which shall have the priority of a judgment lien in the amounts specified.
2. Required Security Amounts.
a. Performance and Guarantee. The subdivider or developer shall provide an amount determined by the City Engineer, up to 100 percent of the total estimated cost of the improvement to be performed, including costs and fees incurred by the City. The estimated cost of improvement shall include a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction; and
b. Payment. The subdivider or developer shall provide an amount determined by the City Engineer , up to 100 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
3. Release of Improvement Security. Improvement security may be released upon the final completion and acceptance of the act or work by the City Engineer; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney 's fees incurred by the City in enforcing any improvement agreement. The subdivider or developer shall not be entitled to any reduction in security, e xcept pursuant to Paragraph 4 (Partial Release of Improvement Security), below, until all improvements have been completed to the satisfaction of, and have been accepted by, the City Engineer.
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4. Partial Release of Improvement Security. A partial release of performance security may be requested in writing from the Engineering Department. The portion of the performance security, in conjunction with the satisfactory completion of a part of the improvements as the work progresses, may be released upon the approval of the City Engineer, subject to the following:
a. No release shall be considered until at least 50 percent of the improvements are completed;
b. No release shall be considered for an amount less than 10 percent of the original total improvement security given for performance and guarantee;
c. An amount of up to 200 percent of the revised estimated construction cost for the remaining required improvements shall be required for the substitute security (or the remaining security);
d. The City Engineer is responsi ble for reviewing all applications and shall determine the amount of substitute security required in accordance with Subparagraph I.4.c, above; and
e. The original performance security may be released only upon receiving the proper substitute security, which has been determined acceptable by the City Attorney and the City Engineer.
J. Completion of Improvements.
1. Public improvements required as a condition of approval shall be completed pursuant to this Division unless they are deferred pursuant to Subsection K (Deferred Improvements) of this Section. The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council delegating fina l approval to the City Engineer of any agreement or acceptance of any completed public improvement.
2. Once begun, public improvements for a final tract or parcel map, or development plan when required, shall be constructed to completion without interruption . The subdivider or developer shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.
3. Notwithstanding any applicable agreement, the construction and maintenance of any public improvement is the responsibility of the subdivider or developer and shall remain so until such time that the City Council accepts the completed publi c improvements.
4. Upon acceptance of a public improvement, the City Engineer shall provide a notice of completion for that public improvement and shall release applicable securities for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider or developer to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public im provements within said dedication or easement, subject to the terms of any applicable agreement.
K. Deferred Improvements. The Approving Authority for a tentative map or parcel map shall be responsible for approving any request for the deferred construction of on -site and off -site 730
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6.08.045: Common Interest Subdivisions
A. Purpose. The purpose of this Section is to establish criteria for the establishment of common interest subdivisions. For the purposes of this Section, the term "common interest subdivision" means a community apartment, condominium, planned development, or stock cooperative.
B. Applicability. The herein prescribed regulations shall be implemented in conjunction with the establishment of any common interest subdivision in the City.
C. Common Interest Subdivisions are Exempt from Minimum Lot Area and Building Setback Requirements. Common interest subdivisions shall be exempt from the minimum lot area and building setback regulations applicable to individually numbered and/or lettered lots identified on a tract or parcel map, excepting one -lot subdivisions. For the purposes of a common interest subdivision, any minimum lot area requirement shall be applied to the overall area of the common interest subdivision. Furthermore, any minimum building setback requirement shall only be applied to the exterior boundary of the common interest subdivision.
D. Recordation of a Tract or Parcel Map is Required. The establishment of a common interest subdivision shall require the approval and recordation of a tract or parcel map pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) and Section 4.03.030 (Final Maps and Parcel Maps) of this Development Cod e, and all applicable requirements of this Division.
E. Recordation of Covenants, Conditions, and Restrictions (CC&Rs). Covenants, conditions, and restrictions, if required, shall be recorded concurrently with the final map or parcel map, required pursuant to Subsection D (Recordation of a Tract or Parcel Map is Required), above, in the office of the San Bernardino County Recorder.
1. The purpose of the covenants, conditions, and restrictions is to guarantee compatibility and coordination of all lots or units w ithin a common interest subdivision in terms of access, parking, landscaping, recreation facilities, open space, property and landscape maintenance, and architecture. Furthermore, the covenants, conditions, and restrictions shall establish a property owner (or homeowner) association for the purpose of maintaining common areas and facilities, enforcement of the covenants, conditions, and restrictions, regulation of operations and uses within the development, and ensuring continued architectural and landscaping compatibility within the development.
2. The covenants, conditions, and restrictions shall be subject to approval and acceptance by the Planning Director and City Engineer prior to recordation. Furthermore, the City may be required to be a non -voting memb er of the association and maintain the right of enforcement of the covenants, conditions, and restrictions.
3. The covenants, conditions, and restrictions shall include the establishment of a specific methodology or procedure for enforcement of its provision s by the City, if adequate maintenance of the development does not occur. Such procedures may include, but is not 731
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Ontario Development Code Page 6.08-23 (Rev. 12.01.2020) limited to, granting the City the right of access to correct maintenance issues and assess the property owner (or homeowner) association for all costs incurred by the City.
F. Recordation of a Condominium Plan. The establishment of a condominium shall require the approval of a Condominium Plan by the City and the recordation of said Condominium Plan in the office of the San Bernardino County Recorder, prior to the sale of the first dwelling unit.
6.08.050: Conversion to a Residential Common Interest Project
This Section shall apply to the conversion of any existing residential real property to a common interest project, including condominium, community apartments, stock cooperative project, or any other similar form of common ownership, except conversion projects for which a final or parcel map has been approved prior to the effective date of this Development Code, or where the conversion involved a limited equity housing cooperative as defined in HSC Section 33007.5. All provisions, conditions, and further definitions of condominium development, as included in the California Civil Code, shall apply to the divisions of real property as permitted herein.
A. Purpose. The purpose of this Section regulating conversions to a residential common interest project is as follows:
1. Establish criteria for the conversion of existing single -family and multiple -family rental housing to community apartments, condo miniums, planned developments, or stock cooperatives;
2. Ensure that converted housing achieves high quality appearance and safety, and is consistent with the goals and policies of The Ontario Plan;
3. Endeavor to maintain a reasonable balance of ownership and rental housing within the City, and a variety of housing choices of varying tenure, type, price, and location;
4. Ensure that the purchasers of community apartments, condominiums, planned developments, or stock cooperatives converted from existing rental ho using stock have been properly informed as to the physical condition of dwellings offered for purchase; and
5. Ensure compliance with all requirements of applicable development, building, fire codes, plumbing, and electrical codes, and other applicable State and local laws and regulations, in effect at the time of filing of the tentative subdivision maps for conversion.
B. Applicability. Any conversion to a residential common interest project, including a community apartment, residential condominium, residential planned development, or residential stock cooperative, shall be subject to all applicable provisions of the Subdivision Map Act (commencing with GC Section 66410), the requirements of this Section, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
C. Application Requirements. A residential common interest project conversion request shall consist of the following:
1. Subdivision Application. A subdivision application as required by Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code.
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2. Physical Elements Report . A report on the physical elements of all structures and facilities shall be submitted with the tentative or vesting tentative map. The rep ort shall include, but not is limited to, the following:
a. Architect's or Engineer's Report. A report by a licensed architect or engineer detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, ceiling, windows, recreational equipment, parking facilities, appliances, and fixtures. The report shall state, to the best knowledge or estimate of the applicant, the following:
(1) When the element was constructed or installed;
(2) The condition of each element;
(3) When the element was replaced;
(4) The approximate condition of each element;
(5) Any variation or non -compliance of the element from this Development Code and the Building Code in effect on the date the last building permit was issued for the subject structure;
(6) The approximate date upon which the application for conversion was filed and accepted by the city; and
(7) The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.
b. Pest Contro l Report . A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.
c. Soils and Geological Hazard Reports . Soils and geological hazard reports prepared pursuant to Section 6.08.025 (Reports) of this Division, regarding soil deposits, rock formations, faults, groundwater, landslides, and liquefaction within the vicinity of the project, and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.
d. Repairs and Improvements Report . A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.
e. Notice to Tenants. The subdivider shall supply proof of all written notices as required by the Subdivision Map Act for conversion projects, as listed in Subsection E (Notice to Tenants) of this Section.
f. Plans and Information. The subdivider shall provide plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the conversion, as identified on the applicable City application forms.
g. Proposed Declaration . The subdivider shall provide a proposed declaration, as required by CC Section 1353. The declaration shall include an agreement for the 733
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Ontario Development Code Page 6.08-25 (Rev. 12.01.2020) creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.
h. Development Plan Application Required . The developer shall s ubmit a Development Plan application for approval of the conversion pursuant to Section 4.02.030 (Development Plans) of this Development Code.
D. Procedures.
1. Notification and Hearing Requirements . A final subdivision map creating a community apartment, condominium, planned development, or stock cooperative from the conversion of rental housing units, unless the subdivider shows that the following notification procedures have been fulfilled:
a. Each of the tenants or prospective tenants of the proposed community apartment, condominium, planned development, or stock cooperative project has received or will receive each of the notices included in the Subdivision Map Act (commencing with GC Section 66410), including the following:
(1) Written notification pursuant to GC Section 66452.8 and GC Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map;
(2) Written notification a t least 10 days prior to the date of the public hearing at which the Approving Authority will review the Conditional Use Permit for the requested conversion in compliance with GC Section 65090 and GC Section 65091. Notice shall also be mailed to the owner of the subject property, as well as all property owners within 300 FT of the subject property, as shown on the last equalized tax assessor roll. In addition, a notice of public hearing shall be published at least once in a newspaper of general circulation at least 10 days prior to the hearing;
(3) Written notification pursuant to GC Section 66427.1(a) that each tenant shall receive a 10 -day notice that a final public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the report, and that the report will be available from the City, upon request;
(4) Written notification that the subdivider has received the public report from the Department of Real Estate. This noti ce shall be provided within 5 days after the date that the subdivider receives the public report from the Department of Real Estate;
(5) Written notification within 10 days following approval of a final map for the proposed conversion;
(6) Upon approval of a final map for the proposed conversion, written notification shall continually be delivered to all prospective tenants prior to execution of a rental agreement using the form in GC Section 66459(a). Failure to do so will not be grounds to deny the conversion, but will require the subdivider to pay each prospective tenant who was entitled to that notice, an amount as indicated in GC Section 66459(f);
(7) Written notification pursuant to GC Section 66452.11 shall be provided to all affected ten ants at least 180 days prior to termination of tenancy due to the conversion or proposed conversion, but not before the City has approved a tentative map for the conversion. The notice given pursuant to this subparagraph shall not alter or abridge the righ ts or 734
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(8) Notice of an exclusive right to contract for the purchase of a tenant's respective unit upon the same terms and conditions that the unit will be initially offered to the general public, or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in BPC Section 11018.2, and shall run for a period of not fewer than 90 days, unless the tenant gives prior written notice of their intention not to exercise the right. Notice shall be given using the form included in GC Section 66452.12(b).
b. If a rental agreement was negotiated in a language other than English, all required written notices regarding the conversion of residential real property into a community apartment, condominium, planned development, or stock coop erative project shall be issued in that language.
2. Division of Airspace Not Required . A map of a community apartment, condominium, planned development, or stock cooperative project need not show the buildings or the manner in which the buildings or the air space above the property shown on the map are to be divided. The City does not have the right to refuse approval, of a conversion project (tentative or final map, or parcel map), based upon the manner in which the airspace is divided or any of the provisions listed in GC Section 66472.
3. Limitation on the Number of Rental Housing Units Converted Within a Current Calendar Year. The conversion of rental housing units to a community apartment, condominium, planned development, or stock cooperative, shall not re sult in the conversion of more than 5 percent of the potentially convertible rental units in the City during any current calendar year.
E. Notice to Tenants.
1. Tenant Notifications . The developer shall notify current and potential tenants according to Paragra ph D.1 ( Notification and Hearing Requirements) of this Section and the Subdivision Map Act.
2. Tenant Rights.
a. Tenants Right to Purchase. As provided in GC Section 66427.1(b), any present tenant or tenants of any housing unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public.
The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report pursuant to BP C Section 11018.2, unless the tenant gives prior written notice of his intent not to exercise the right.
b. Vacation of Units. Each tenant that does not purchase a housing unit, and is not in default under the obligations of the rental agreement or lease und er which they occupy the unit, shall have no fewer than 180 days from the date of receipt of notification from the owner of their intent to convert, or from the filing date of the final map, whichever date is later, to find substitute housing and to reloca te. Tenants shall have the right to terminate leases at any time after receiving the notice.
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Ontario Development Code Page 6.08-27 (Rev. 12.01.2020) c. Increase in Rents. From the date of submittal of the tentative or vesting tentative map, until the sale of the unit, no tenant 's rent shall be increased more freq uently than once every 12 months, at a rate no greater than the Consumer Price Index, as compiled by the Federal Bureau of Labor Statistics. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map.
d. Notice to New Tenants. After submittal of the application to convert, any prospective tenant shall be notified in writing by the developer of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of Subparagraph E.2.c (Increase in Rents) of this Section.
e. Senior Citizens, the Handicapped, and the Disabled. The developer shall be required to retain ownership of units occupied at the time of filing of the tenta tive map by senior citizens (persons 62 years of age or older) or the handicapped (as defined by HSC Section 50072) or the disabled (as defined by 42USC423), for a period of one year from the date of approval by the Approving Authority.
F. Standards for Conversion.
1. Building and Physical Standards.
a. The community apartment, condominium, planned development, or stock cooperative conversion project, and all individual units and common areas contained therein, shall comply with all applicable existing and curren t development, building (including energy conservation and sound transmission), fire, and subdivision requirements, unless legally nonconforming.
b. The community apartment, condominium, planned development, or stock cooperative conversion project shall comp ly with all applicable provisions of Ontario Municipal Code Chapter 11 (Security Standards for Building).
c. The consumption of gas, electricity and water within each unit shall be separately metered so that the unit owner can be separately billed for each u nit. Each unit shall have its own panel, or access thereto, for all electrical circuits that serve the unit. The requirements of this subsection may be waived where the Approving Authority finds that full compliance with this provision would not be practicable and the developer submits an alternative plan approved by the Approving Authority.
d. The electrical, plumbing, mechanical, fire, and life safety systems of the structure shall be placed in a condition of good repair and maintenance.
e. The buildings and facilities shall be upgraded to meet the requirements of Ontario Municipal Code Title 5, Chapter 29 (Noise). The Approving Authority may require additional insulation or other upgrades to reduce noise to an acceptable level.
f. The developer shall dedicate land or easements for street widening, public access, or other public purposes in connection with the project, where determined necessary by the Approving Authority and in conformance with this Development Code.
g. All on -site and adjacent overhead utility se rvice lines and poles shall be converted to an underground system consistent with the requirements of this Development Code.
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(Rev. 12.01.2020) Page 6.08-28 Ontario Development Code h. All main buildings, structures, fences, patio enclosures, carports, irrigation systems, landscaped areas, accessory buildings, sidewalks, driveways and additional elements as required by the Approving Authority shall be refurbished and restored as necessary, to achieve a high quality appearance and safety.
i. If Development Impact Fees have not previously been paid for the affected residential units, the required fees shall be paid prior to the recordation of the final map, or as otherwise required by City ordinance.
j. The developer shall provide each purchaser with a copy of the below-listed items, prior to executing any purchase agreement or other contract to purchase a unit within the project and shall give the purchaser sufficient time to review the information. Copi es of the information shall also be made available at all times at the sales office and a notice indicating that the reports and documentation are available shall be posted on the project site, at locations approved by the Planning Director. In addition, copies of the required reports and documentation shall be provided to the Homeowners Association upon its formation.
(1) Reports and documentation required by Paragraph C.2 (Physical Elements Report) of this Section, in their final form as accepted by the City ; and
(2) A copy of the covenants, conditions, and restrictions, and a project maintenance plan.
k. Other conditions may be applied as deemed necessary by the Approving Authority to further the intent of this Section.
2. Securities and Penalties. All improvements and alterations required pursuant to this Section and all other applicable requirements of this Development Code, the Ontario Municipal Code, and the conditions of project approval, shall be made prior to the approval of the final map or parcel map, or upon approval of the Planning Director, City Engineer, and Building Official, and a deposit paid to the City pursuant to Division 2.06 (Performance Guarantees), to assure the completion of all required work prior to the closing of escrow on any unit within t he project. The deposit shall be accompanied by an agreement by the developer, and owner of the project if different from the developer, in a form to be approved by the city attorney, guaranteeing completion of the work.
G. Findings. The Approving Authority, prior to approving a tentative tract or parcel map, or a Conditional Use Permit, for the conversion of rental housing units to a common interest project, including a community apartment, residential condominium, residential planned development, or residential stock cooperative, shall find and clearly establish the following findings:
1. Not Detrimental. All provisions of this Section have been met and the project will not be detrimental to the health, safety, or welfare of the community;
2. Consistency with The Ontario Plan. The proposed conversion is consistent with the Vision, City Council Priorities, and Policy Plan (General Plan) components of The Ontario Plan;
3. Conformity with Title . The proposed conversion conforms to all applicable requirements of this Development Code; and
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Ontario Development Code Page 6.08-29 (Rev. 12.01.2020)
4. Housing Diversity. The proposed conversion of rental housing units to a community apartment, condominium, planned development, or stock cooperative, will not have an adverse effect on the diversity of housing types available in the City.
6.08.055: Conversion to a Nonresidential Common Interest Project
This Section shall apply to the conversion of any existing nonresidential real property to a common interest project, such as condominiums or any other similar form of common ownership, except conversion projects for which a final or parcel map has been approved prior to the effective date of this Development Code. All provisions, conditions, and further definitions of condominium development, as included in the California Civil Code, shall apply to the divisions of real property as permitted herein.
A. Purpose. The purpose of this Section is to provide a legal process for the conversion of existing nonresidential buildings to a common interest ownership, such as a condominium, so as to protect both the community and the purchasers of units within a common interest project. This Section provides regulations to ensure adequate and safe building design and maintenance for all industrial and commercial common interest conversions, in order to achieve this goal.
B. Applicability. Any conversion to a nonresidential common interest project shall be subject to all applicable provisions of the Subdivision Map Act (commencing with GC Section 66410), the requirements of this Section, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
C. Application Requirements. A request for the approval of a parcel map for a nonresidential common interest project conversion, shall be accompanied by the following items:
1. Subdivision Application. A subdivision application as required by Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code.
2. Physical Elements Report . A physical elements report shall be submitted for eac h structure and/or facility, as described in Paragraph C.2 (Physical Elements Report) of Section
6.08.045 (Conversion to a Residential Common Interest Project) of this Division.
3. Notice to Tenants. Proof of all written notices required by the Subdivision M ap Act for conversion projects, as listed in Subsection E (Notice to Tenants) of Section 6.08.045 (Conversion to a Residential Common Interest Project) of this Division.
4. Plans and Information . Provide plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the conversion, as identified on the applicable City application forms.
5. Proposed Declaration. Provide a copy of the declaration required by CC Section 1353. The declaration shall include an agre ement for the creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.
6. Development Plan Application Required . The developer shall s ubmit a Development Pl an application for approval of the conversion pursuant to Section 4.02.030 (Development Plans) of this Development Code.
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(Rev. 12.01.2020) Page 6.08-30 Ontario Development Code D. Procedures.
1. Acceptance of Reports. The final form of the reports and other documents required under Subsection C (Application Requirements) of this Section shall be as approved by the City.
The reports, in their accepted form, shall remain on file with the City for review by the public. The subdivider shall provide each purchaser with a copy of the reports in their final, accepted form.
2. Inspection. In conjunction with the filing of a nonresidential common interest project conversion request, the subdivider shall request that an inspection o f the premises be made by the Building Official and the City Engineer. The inspection shall include structures, common areas, site improvements, public improvements, and all other related facilities. A deficiency list shall be compiled during the inspection, which lists all necessary corrections required to conform to the requirements of this Section and all other applicable codes and ordinances.
3. Corrective Work . Upon completion of the inspection required pursuant to Paragraph D.2 (Inspection), above, a co py of the deficiency list shall be transmitted to the subdivider. All deficiencies shall be corrected to the satisfaction of the City prior to filing a final map or parcel map. When plans for corrective work are required, they shall be as approved by the appropriate city official, prior to the filing of the final map or parcel map.
4. Payment of Inspection Fees . The City shall charge the usual fees, if applicable, or an hourly fee for the inspection and processing according to an estimated actual hourly cost to the city. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied toward the inspection fee, with any refund or balance due to be resolved before the approval of the final map by the Approv ing Authority. Any unpaid balances shall be paid prior to recordation of the final map.
E. Standards for Conversion.
1. Building and Physical Standards.
a. Building Regulations. The project shall conform to the applicable standards of the City's Building Code that was in effect at the time the last building permit was issued for the affected structures.
b. Fire Prevention . Each unit shall be provided with a fire -warning system conforming to the City 's Building Code. All fire hydrants, fire alarm systems, portable f ire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.
c. Sound Transmission.
(1) Vibration Transmission. All permanent mechanical equipment, such as motors, compressors, pumps, compactors, or any item de termined by the Building Official to be a source of structural vibration or structural -borne noise shall be vibration -isolated with inertia blocks or bases, or vibration isolator springs, in a manner approved by the Building Official.
(2) Noise Standards. The structures shall conform to all interior and exterior sound transmission standards of CCR Title 24, the City 's Building Code, and the requirements of Ontario Municipal Code Chapter 29 (Noise). The Approving Authority may require additional insulation or other upgrades to reduce noise to an acceptable level.
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Ontario Development Code Page 6.08-31 (Rev. 12.01.2020) d. Utility Metering . Each unit shall be separately metered for gas, electricity and water, unless the covenants, conditions, and restrictions provide for the property owner association to take responsibility for these utilities.
e. Landscape Maintenance . All landscaping shall be restored, or new landscaping shall be installed, to achieve a high degree of appearance and quality pursuant to Division 6.05 (Landscaping) of this Development Code. Provi sions shall be made within the declaration required pursuant to Paragraph C.5 (Proposed Declaration) of this Section, for continuing maintenance of all landscaped areas. Existing landscaping is subject to review and approval by the Approving Authority. If new landscaping is proposed, the design of all landscaping is subject to review and approval by the City.
f. Off-Street Parking and Loading . Off-street parking and loading shall be provided pursuant to the requirements of Division 6.03 (Off -Street Parking an d Loading) this Development Code, for allowed commercial and industrial land uses, as applicable.
g. Refurbishing and Restoration of Improvements . Each main building, structure, fence, accessory building, sidewalk, driveway, landscaped area, utilities, and additional element as required by the department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the department.
h. Building Secur ity Standards . Each unit shall comply with all applicable provisions of Ontario Municipal Code Chapter 11 (Security Standards for Building).
i. Dedication of Land and Easements . The developer shall dedicate land or easements for street widening, public acces s, or other public purposes in connection with the project, where determined necessary by the Approving Authority, and in conformance with this Development Code.
j. Undergrounding of Overhead Utilities . All on -site and adjacent overhead utility service lines and poles shall be converted to an underground system consistent with the requirements of this Development Code.
k. Copies of Reports and Documentation to be Provided to New Property Owners. The developer shall provide each purchaser with a copy of the belo w-listed items, prior to executing any purchase agreement or other contract to purchase a unit within the project and shall give the purchaser sufficient time to review the information. In addition, copies of the required reports and documentation shall be provided to the Property Owner Association upon its formation.
(1) Reports and documentation required by Paragraph C.2 (Physical Elements Report) of this Section, in their final form as accepted by the City; and
(2) A copy of the covenants, conditions, and restrictions.
l. Additional Conditions . Additional conditions may be applied as deemed necessary by the Approving Authority to further the intent of this Section.
2. Securities and Penalties. All improvements and alterations required pursuant to this Section and all other applicable requirements of this Development Code, the Ontario Municipal Code, and the conditions of project approval, shall be made prior to the approval of the final 740
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(Rev. 12.01.2020) Page 6.08-32 Ontario Development Code map or parcel map, or upon approval of the Planning Director, City Engineer, and Building Official, and a deposit paid to the City pursuant to Division 2.06 (Performance Guarantees), to assure the completion of all required work prior to the closing of escrow on any unit within the project. The deposit shall be accompanied by an agree ment by the developer, and owner of the project if different from the developer, in a form to be approved by the city attorney, guaranteeing completion of the work.
F. Findings. The Approving Authority may not approve a request for a conversion to an industrial or commercial common interest project, unless it finds and clearly establishes that the proposed conversion conforms to the requirements of this Section, and is consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
6.08.060: Urban Lot Splits
A. Purpose. The purpose of this Section is to allow and appropriately regulate Urban Lot Splits pursuant to GC Section 66411.7.
B. Definition. For the purposes of this Section, the term "Urban Lot Split " shall mean the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.
C. Application.
1. Only individual property owners may apply for an Urban Lot Split. "Individual property owner" means a natural person holding fee title individually or jointly in the person 's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
2. An application for an Urban Lot Split shall be submitted on a City application form.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.
3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.
D. Approval.
1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.
2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded.
A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required docum ents have been recorded, such as the deed restriction and easements.
The tentative parcel map shall expire 3 months following approval.
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3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.
4. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys ' fees and costs associated with enforcing the requirements of this Development Code.
E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:
1. Subdivision Map Act Compliance.
a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., "SMA"), inc luding implementing requirements in this Development Code, except as otherwise expressly provided in this Section.
b. If an Urban Lot Split violates any part of the SMA, the City 's subdivision regulations, including this Section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the SMA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or finance the property.
(b) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor.
(d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an Urban Lot Split.
2. Zoning District. The lot to be split is in a single -family residential zoning district. For purposes of this Section, the term "single-family residential zoning district " shall mean the LDR -5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.
3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
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c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split.
b. The lot to be split is not adjace nt to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term "any person acting in concert with the owner " shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.
6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
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Ontario Development Code Page 6.08-35 (Rev. 12.01.2020) c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the v eracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
7. Lot Size.
a. The lot to be split shall be at least 2,400 SF.
b. Each lot created by an Urban Lot Split shall be at least 1,200 SF.
c. Each lot created by an Urban Lot Split shall be between 60 percent and 40 percent of the original lot area.
8. Easements.
a. The owner shall enter into an easement agreement with each public - service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement shall be shown on the parcel map.
c. Copies of the unrecorded e asement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to subpart D.2 above.
9. Lot Access.
a. Each lot created by an Urban Lot Split shall adjoin a public street right -of- way.
b. Each lot created by an Urban Lot Split shall have frontage on the public street right-of-way of at least 20 FT.
10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to State law and Section 5.03.403 (Two -Unit Projects) of this Development Code, or an ADU or JADU created pursuant to Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
b. Unit Size.
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(Rev. 12.01.2020) Page 6.08-36 Ontario Development Code (1) The total floor area of each primary dwelling that is developed on a lot resulting from an Urban Lot Split shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established prior to the Urban Lot Split and that is larger than 800 SF is limited to the lawful floor area at the time of the Urban Lot Split and shall not be expanded.
(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two -stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split.
d. Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each.
e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures . No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(b) Cannot Preclude Construction of Two 800 -SF Units and 4 -FT Side/Rear Setbacks . The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction o f up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and 745
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(b) Allow for vehicula r and fire -safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off -street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either:
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail transit service, or
(iii) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2) The site is located within one -block of a permanently established car-share vehicle pickup/drop-off location.
g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal prim ary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights.
(4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonr y block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
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(Rev. 12.01.2020) Page 6.08-38 Ontario Development Code h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division 6.02 (Walls, Fences, and Obstructions) of this Chapter.
i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
j. Nonconforming Conditions . An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected.
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.
(2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building and Safety. An Urban Lot Split is a change of use. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards.
11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right -of-way with a paved street with a width of at least 40 FT. The public street right -of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
(3) All enclosed structures on the site shall have fire sprinklers.
(4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
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Ontario Development Code Page 6.08-39 (Rev. 12.01.2020) (5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application.
The applicant shall pay the City 's costs for inspection. Failure to pay is grounds for denying the application.
12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.
(4) Separate conveyance of lots created by an Urban Lot Spli t is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days.
c. Owner Occupancy . The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant 's principal residence for a minimum o f 3 years after the Urban Lot Split is approved.
14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
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(Rev. 12.01.2020) Page 6.08-40 Ontario Development Code (1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction,
(3) The hours of construction,
(4) Contact inform ation for the project manager (for construction - related complaints), and
(5) Contact information for the Building & Safety Department.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before p ermits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of Urban Lot Split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot .
d. States that the property is formed by an Urban L ot Split and is, therefore, subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this Section, the City may deny an application for an Urban Lot Split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact " on either public health and safety or on the physical environment and for which there i s no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The term "specific adverse impact " has the same meaning as in GC Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete " and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
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Ontario Development Code Page 6.10-1 (Rev. 12.01.2020)
Division 6.10—Reserved
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Ontario Development Code Page 6.11-1 (Rev. 12.01.2020)
Division 6.11—Shopping Cart Retention and Storage
Sections:
6.11.000: Purpose
6.11.005: Applicability
6.11.010: Definitions
6.11.015: Exemption
6.11.020: Mandatory Shopping Cart Retention Plan
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
6.11.035: Notification for Retrieval of Abandoned Carts
6.11.040: Administrative Costs and Fines
6.11.045: Disposition of Carts after 30 Days
6.11.050: Unmarked Shopping Carts: Public Nuisance
6.11.055: Unmarked Shopping Carts: Destruction
6.11.060: Shopping Cart Collection and Storage Facilities
6.11.000: Purpose
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. The accumulation of wrecked, dismantled, and abandoned shopping carts on p ublic or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The purpose of this Division is to provide regulations pertaining to abandoned shopping carts, unmarked shopping carts, p rovide a requirement for a mandatory plan to prevent cart removal, and provide adequate facilities for on-site cart storage.
6.11.005: Applicability
Any business establishment in the City that provides shopping carts for use by their patrons shall develop and implement a Shopping Cart Retention Plan, which is intended to prevent customers from removing carts from their business premises and provide appropriate cart storage areas pursuant to this Division. The Shopping Cart Retention Plan shall be reviewe d and approved by the Planning Director pursuant to the procedures established for ministerial permits and decisions contained in Subsection 2.02.015.C (Ministerial Permits and Decisions) of this Development Code.
6.11.010: Definitions
As used in this Division, unless otherwise apparent from the context, the words, terms, and phrases listed below, shall have the following meaning:
A. Abandoned Cart. Any cart that has been removed without written permission of the owner, or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. This provision shall not apply to carts that are removed for the purpose of repair or maintenance.
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B. Cart. A basket that is mounted on wheels or sim ilar devise provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to, grocery store shopping carts.
C. Owner. Any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For the purposes of this Division, "owner" shall also include the owner's on-site or designated agent or retailer that provides the carts for use by its customers.
D. Premises. The entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.
E. Unmarked Cart. Any cart as defined by this Division that is not identified and marked pursuant to PC Section 22435.1.
6.11.015: Exemption
Any owner that agrees to enter into a contract with a City-designated retrieval service to provide for retrieval of abandoned carts, or, individually or as part of a consortium of businesses, enters into a retrieval contract with a retrieval service that is satisfactory to the City, shall be exempt from Section 6.11.025 (Prevention Plan Timeline and Approval Proces s), Section 6.11.030 (Penalties for Failing to Submit a Shopping Cart Retention Plan), and Section 6.11.035 (Notification for Retrieval of Abandoned Carts), below.
6.11.020: Mandatory Shopping Cart Retention Plan
Every business owner shall develop and i mplement a Shopping Cart Retention Plan for all businesses that utilize shopping carts for use by business patrons, to prevent customers from removing carts from the business premises. Every Shopping Cart Retention Plan shall include the following elements:
A. Required Signs on Carts. Every cart owned or provided by any business establishment in the City shall have a sign permanently affixed to it that contains all of the following information:
1. Identifies the owner of the cart or the name of the business establishment, or both;
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
3. Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail estab lishment, or the unauthorized possession of the cart, is a violation of State law; and
4. Lists a valid telephone number to contact to report the location of the abandoned cart or lists an address for returning the cart to the owner or business establishment .
B. Required Signs on Property. Signs shall be placed in pertinent places near door exits and near parking lot exists that notify customers that cart removal is prohibited and constitutes a violation of State and local law.
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Ontario Development Code Page 6.11-3 (Rev. 12.01.2020)
C. Physical Measures.
1. New developm ent, an increase of more than 10 percent in GFA, or the major alteration or remodel of any building occupied by, or proposed to be occupied by, retail commercial uses providing 10 or more shopping carts for use by business patrons, shall install and maintain in good working order, an electronic barrier system at the perimeter of the business site, which, when crossed by a shopping cart, will disable the cart, thereby preventing its removal from the site. Alternate cart retention methods that would achieve t he same outcome may be considered by the Planning Director.
2. New and existing businesses providing less than 10 shopping carts for use by patrons, may be required to implement specific physical measures to prevent shopping cart removal from the business premises. These measures may include one or more of the following:
a. Installation of disabling devices on all carts;
b. Posting of a security guard to deter and stop customers who attempt to remove carts from the premises;
c. A decorative bollard and chain system or decorative fencing installed around the business premises to prevent cart removal;
d. Security deposits required for the use of all carts; and/or
e. The rental or sale of carts that can be temporarily or permanently used for the transport of purchases.
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
The Shopping Cart Retention Plan shall be submitted for approval by the City within 60 days after adoption of this Division, and each time the plan is proposed to be amended. If a new Pl an is submitted, the proposed measures shall be implemented no later than 30 days after City approval is given. The prevention measures shall be continued until and unless the City indicates that measures need to be modified. Unless otherwise agreed, any m odifications to the Plan imposed by the City shall be implemented within 30 days after the City notifies the retailer of the needed modifications.
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
Any owner that fails to submit a Shopping Cart Retention Plan, implement the proposed Plan measures, or implement any required modifications to the Plan by the City within the periods specified in this Division, shall be subject to a $1,000 civil penalty, plus an additional penalty of $50 for each day of noncompliance.
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6.11.035: Notification for Retrieval of Abandoned Carts
Pursuant to BPC Section 22435.7, the City shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City within 24 hours of impoundment. The owner shall have 3 business days from the date that notification is give n to retrieve carts from the City.
6.11.040: Administrative Costs and Fines
Pursuant to BPC Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice from the City, shall pay the City 's adminis trative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this Division in excess of 3 times during a 6 -month period shall be subject to a $50 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period.
6.11.045: Disposition of Carts after 30 Days
Pursuant to State law, any cart not reclaimed from the City within 30 days after notification to the owner, shall be sold or otherwise disposed of by the City.
6.11.050: Unmarked Shopping Carts: Public Nuisance
Any unmarked shopping cart is hereby declared a public nuisance if:
A. It is left unattended on a public right-of-way or other public property;
B. It is left unattended on any private property at a location that will impede emergency services;
C. It is left unattended on the front or side setback of any private property without the owner's or occupant's permission; or
D. It is left on private property where it may be viewed from the public right -of-way or adjacent properties for more than 24 hours after the occupant, if any, and the owner of the property has received written notice which states that if the shopping cart is not removed from public view, it will be impounded by the City and may be sold or otherwise disposed of by the City.
6.11.055: Unmarked Shopping Carts: Destruction
Any carts found to be unmarked as defined by this Division, and has been impounded by the City, shall be destroyed without any further notice other than as specified in Subsection 6.11.050.D of this Division.
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Ontario Development Code Page 6.11-5 (Rev. 12.01.2020)
6.11.060: Shopping Cart Collection and Storage Facilities
Shopping cart storage facilities shall be provided for commercial -retail uses, including, but no t limited to, automotive parts and supplies, food and beverage stores, health and personal care stores, general merchandise stores, and other miscellaneous retail stores, for 3 separate and distinct purposes: [1] the overnight or long -term storage of shopp ing carts; [2] the distribution of shopping carts to patrons as they enter the business; and [3] stations for the collection and storage of shopping carts within off-street parking facilities.
A. The Overnight or Long-Term Storage of Shopping Carts.
1. Facilities for the overnight or long -term storage of shopping carts shall be located within the building of the business they serve, or outside, within screened areas. Outside overnight shopping cart storage areas shall be screened and secured by a minimum 3-FT high decorative masonry wall, with a decorative cap, in combination with landscaping. The wall shall be designed to be architecturally consistent with the design of the adjacent building(s).
2. The minimum size, design, and location of overnight shoppi ng cart storage areas shall be subject to Planning Director approval.
B. Stations for the Collection and Storage of Shopping Carts within Off-Street Parking Facilities (Shopping Cart Corrals). Shopping cart corrals shall be provided within off -street parking facilities and shall be distributed throughout parking lots for convenient access by business patrons.
1. At a minimum, shopping cart corrals shall be defined by a landscaped planter on at least two opposing perimeter sides, minimum 3 FT in width, bordered by a raised 6-inch concrete curb, which shall be planted and maintained with a hedgerow that will be allowed to grow to a minimum height of 3 FT for the purpose of screening shopping carts. The paving at the corral entrance shall be slightly raised to keep shopping carts confined within the corral. Within the required planter area, the construction of a 3 -FT high decorative masonry wall with a decorative cap is encouraged, to provide further screening. The use of pipe corrals shall not be permitted.
2. Shopping cart corrals shall be distributed throughout the off -street parking area.
The minimum number, dimensions, and locations of shopping cart corrals shall be determined by the Planning Director.
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Chapter 8.0:
Sign Regulations
Division 8.01—Sign Regulations
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Ontario Development Code Page 8.01-1 (Rev. 02.17.2026)
Division 8.01—Sign Regulations
Sections:
8.01.000: Purpose
8.01.005: Applicability
8.01.010: Exempt Signs
8.01.015: Prohibited Signs
8.01.020: Sign Standards
8.01.025: Design Guidelines
8.01.000: Purpose
A. The regulations set forth by this Division contain the primary tools for implementing the sign policies, standards, and regulations of the City pursuant t o the provisions of the State Outdoor Advertising Act (BPC Section 5200 et seq.), and other applicable state and local requirements, and prescribe standards for the type, placement, size, number, height, and illumination of signs in order to achieve the following purposes:
1. Maintain the attractiveness and orderliness of the City 's appearance by avoiding sign clutter;
2. Protect agricultural, residential, commercial, industrial, civic, open space and utilities, from the loss of visual prominence resulting from excessive signing on nearby sites;
3. Protect public and private investment in buildings and open spaces;
4. Protect residentially zoned areas lying adjacent to commercial and industrial areas from the negative effects of excessive signs;
5. Enable users of goods and services to identify establishments offering services to meet their needs;
6. Encourage sound signing practices as an aid to business and inform the public, but to prevent excessive and confusing sign displays;
7. Regulate the number, size, height, a nd location of signs according to standards consistent with the types of establishments in each zoning district;
8. Promote traffic safety through appropriate and reasonable controls on signs;
9. Promote the public health, safety, and welfare by regulating and controlling all matters relating to signs; and
10. Protect the health, safety, and welfare of City residents from hazards resulting from improper, excessive, distracting and otherwise unsafe signage.
B. It is the determination of the City Council that a sign is intended to serve primarily to identify the general nature of an establishment, or to direct attention to a product, activity, place, person, organization or enterprise. The City Council further determines that as identification devices, signs should not subject the citizenry to excessive competition for their visual attention, and as 762
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appropriate identification devices, signs should harmonize with the building or activity they serve, the neighborhood in which they are located, and other signs within the s urrounding area and in the same zoning district.
C. The installation of signs that improve the appearance of a building and neighborhood is encouraged. As such, The City Council hereby promotes the use of artistry and innovation in the design of signs is decidedly encouraged.
8.01.005: Applicability
A. No sign , including copy change or a temporary sign, shall be approved and a permit therefore issued, except in conformance with the requirements of Table 2.02 -1 (Review Matrix) and Section 4.03.020 (Sign Plans) of this Development Code, and the requirements of this Division.
B. No sign shall be erected, cons tructed, attached, affixed, or maintained on any property, except in conformity with the provisions of this Division, and expressly exempted by the provisions of Section 8.01.010 (Exempt Signs) of this Division.
C. It shall be illegal to use, occupy, or main tain property in violation of this Division. Any violation or failure to comply with the provisions of this Division shall render a person guilty of such violation, punishable in accordance with OMC Title 1, Chapter 2 (Penalty Provisions).
8.01.010: Exempt Signs
No sign, including copy change or a temporary sign, shall be placed, installed, constructed, displayed, or altered without a Sign Plan approved by the City pursuant to Section 4.03.020 (Sign Plans) of this Development Code, excepting the following:
A. Official Notices. Any sign, posting, notice or other indication used exclusively to display official notices, notices of any court or public office, or posted by a public officer in the performance of a public duty, or required by a public entity in ca rrying out its responsibility to protect the public health, safety or welfare, or otherwise required by law.
B. Street and Traffic Control Signs. Street name and traffic control signs, directional signs, informational signs of a public or semi-public nature, historical markers placed by a governmental or non -profit organization, and railroad crossing, danger, or other emergency warning signs, provided that no individual sign exceeds 4 SF in area.
C. Directional Signs. Signs guiding and directing traffic in park ing lots and facilities, provided that no individual signs exceed 4 SF in area and 4 FT in height.
D. Public Convenience Signs. Signs showing the location of public restrooms, telephones, other public conveniences, and underground utilities, provided no indi vidual sign exceeds 2 SF in area.
E. Business Hours, Emergency Phone Numbers, Honoring Credit Cards, and Association Membership Signs. Signs indicating business hours, emergency phone numbers, honoring credit cards, association memberships and similar types of sign, provided no individual sign exceeds one SF in area and the total area of all such signs does not exceed 4 SF.
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Ontario Development Code Page 8.01-3 (Rev. 02.17.2026)
F. Interior Sign s. Signs located entirely within a building, structure or complex of buildings, which are not visible from a public street or from other adjacent properties.
G. Menu Boards for Drive -In, Drive -Through, and Walk -Up Restaurants. Menu boards not exceeding 36 SF in area and 6 FT in height for drive-in, drive-through, and walk-up restaurants, not to exceed 2 menu boards per restaurant.
H. Building Plaques. The names of buildings and dates of erection and dedicatory, memorial or historical plaques not exceeding 4 SF in area, which are constructed of bronze or other nonflammable material.
I. Political Signs. Political campaign signs installed pursuant to Subsection 8.01.025.J (Political Signs) of this Division.
J. Posters and Bulletin Boards. Temporary posters on private p roperty, not exceeding 4 SF in area, which are located in windows or on bulletin boards, advertising benefit activities and events sponsored by local nonprofit organizations.
K. Holiday Lights and Displays. Holiday lights and displays that do not advertise a ny business establishment, product, or other commercial activity, limited to 30 days within any 60-day period.
L. Real Estate and Construction Signs. Temporary real estate and construction signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Home Occupation Signs. Signs attached to the exterior wall of a dwelling, at or near the building entrance, which identify a legally established home occupation conducted therein, not to exceed one sign per dwelling, maximum 18 inches square in size, and mounted at eye level, no higher than 6 FT above finished floor of the dwelling, measured at the top edge of the sign.
8.01.015: Prohibited Signs
The following signs and circumstances are expressly prohibited within the City, except as otherwise provided by this Division:
A. Any sign not specifically allowed by this Division; however, nothing in this Division shall be construed to prohibit any sign, notice, or advertisement required by Federal, State, or local laws.
B. Billboards, including vehicle-mounted billboards (roving or stationary), excepting [i] billboards established pursuant to a Billboard Relocation Agreement, implemented pursuant to Section 4.02.010 (Billboard Relocation Agreements) ; and [ii] billboards located within the ONT zoning district, established pursuant to the requirements of Table 8.01 -1 (Sign Regulations Matrix) of this Development Code.
C. Rotating, revolving, or otherwise moving signs designed to attract attention by visual means through the movement or semblance of mo vement of the whole or any part of the sign, including rotation, special lighting or wind actuated devices, and signs that flash, blink or reflect light by means of a glossy, polished, or mirrored surface, excepting barber poles, time and temperature signs , and electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
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D. Searchlights, open flames, or loudspeakers used to call attention to a product, service or property.
E. Signs that float in the air, such as s igns affixed to, or printed on, hot air balloons, helium balloons, or kites, inflated signs, and any other type of aerial sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
F. Banner signs, except as temporary promotional or special event signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
G. Signs that emit or amplify any sounds or noise.
H. Signs illuminated by lighting that changes in color or intensity of color, excepting electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
I. Signs that generate particulate matter, including but not limited to, bubbles, smoke, fog, confetti or ashes.
J. Swooper signs, except as temporary promotional or special event sign s allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
K. Signs placed on, affixed to, or erected on or over public rights -of-way, excepting street banners allowed pursuant to Subsection 8.01 .025.G (Street Banner Program and Street Banners) of this Division.
L. Signs that identify or advertise a product or service not available on the premises, excepting offsite real estate signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Signs erected on roofs, or that project above the eave, parapet line or roofline, or above a canopy of a building.
N. Internally illuminated signs with a directly exposed source of light.
O. Lit borders consisting of neon or LED fixtures, which are affixed around the interior or exterior perimeter of windows, excepting holiday and/or seasonal lights and displays allowed pursuant to Subsection 8.01.010.K of this Division.
P. Externally illuminated signs where the source of light is directly visible to p edestrians or vehicular traffic.
Q. Signs that emit or reflect light by means of direct fluorescence, phosphorescence, or "day- glow" colors.
R. Signs that obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles.
S. Signs that may obstruct the free use of any exit, entrance, window, vent, emergency access, fire lane, fire hydrant, or standpipe.
T. Signs that may interfere with, obstruct, confuse, or mislead pedestrian or vehicular traffic.
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Ontario Development Code Page 8.01-5 (Rev. 02.17.2026)
U. Any sign illumination that, in the opinion of the Zoning Administrator, exhibits undue glare.
V. Signs affixed to trucks, automobiles, trailers or any other vehicle that advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise, or rendering of services from such vehicles.
W. Parking of legitimate delivery, sales, or service vehicles in an off -site location, or on -site, within a parking lot adjacent to a public street for the purpose of advertising.
X. Any sandwich board, "A" frame sign, or other portable sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
Y. Signs affixed to, or painted on, a rock, tree, or any other natural feature.
Z. Changeable copy signs, exce pting electronic message displays allowed pursuant to Paragraph 8.01.020.C.3 (Electronic Message Displays) of this Division, and those changeable copy signs specifically allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
AA. Any sign having a dimension in excess of 1.5 FT in height and 1.5 FT in width, which identifies a home occupation.
BB. Any sign consisting of several sheets of paper connected together by perforations, tape, staples or any other means.
CC. Signage painted on the exterior walls or fascia of a building or structure.
DD. Supergraphics.
EE. Human signs, including human billboards, human directionals, and sign walkers , wavers and twirlers (holding or wearing a sign, or the act of spinning or dancing while holding or wearing a sign, or wearing a costume, in order to attract attention).
8.01.020: Sign Standards
A. General Regulations.
1. No sign shall be placed on private property, including vacant property, without written authorization from the owner or the occupant, and approval of plans by the City, pursuant to the provisions of Section 4.03.020 (Sign Plans) of this Development Code.
2. No sign shall be placed on public property or within the public right-of-way without written City approval. Signs placed on public property or in the public right-of-way without specific approval, shall be deemed illegal and shall be abated pursuant to the provisions of Section
3.02.015 (Illegal Signs) of this Development Code.
3. Creative and imaginative signage is strongly encouraged and is the s tandard by which Sign Plan applications will be judged, together with the specific architectural style of adjacent buildings.
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4. There are many acceptable sign treatments that may be used; however, a mixed media, three -dimensional approach, which incorporates a combination of fabrication and lighting techniques, is preferred.
5. Consider [i] the overall concept of the project a proposed sign will serve, [ii] the scale of the proposed sign, and [iii] the critical viewing angles and sight lines when de signing appropriate graphics and signs for site and storefront installations.
6. A sign shall be located on the same site as the use, activity, or structure it identifies, except as otherwise expressly permitted by this Division.
7. No sign shall resemble a tr affic safety or control device or, by intensity of illumination, location or design, impair the vision of, or create a hazard for, motorists on a public street or highway.
8. Lateral and columnar sign supports are to be designed to be architecturally integrated with the building to which it is attached, or so that required bracing, including but not limited to, angle irons, guy wires, cables or other appurtenances, shall not be exposed to public view.
9. All signs shall be constructed to conceal conduits and ra ceways, exposed wiring, and electrical appurtenances.
B. Sign Regulations.
1. Sign Regulation Matrix. Table 8.01-1 (Sign Regulation Matrix) of this Division, identifies the sign classification, type, number, location, area, height, length, allowed within each zoning district of the City, along with any applicable special regulations. The standards contained in the Sign Regulation Matrix are maximums, unless otherwise stated. The maximum standard established by Table 8.01 -1 (Sign Regulation Matrix) may be reduce d by the Approving Authority in cases when the Approving Authority can clearly establish by written decision that that implementation of the maximum standard would:
a. Adversely affect the public health, safety or welfare; or
b. Result in a sign design and/or placement inconsistent with the requirements of this Section; or
c. Be contrary to the aesthetic sensibilities of the neighborhood in which the sign is proposed.
2. Downtown Ontario Design Guidelines . The Downtown Ontario Design Guidelines, included as Reference "C" of this Development Code, establishes a set of architectural, graphic, and lighting design principles for the rehabilitation of properties within the City 's historic original downtown area (project area). Signs proposed within the project area shall be subject to the sign requirements contained within the Downtown Ontario Design Guidelines. The affected area is bordered by I Street on the north, Vine Street on the west, Sultana Avenue on the east, and railroad tracks on the south, and is defined in F igure 1.4 (Land Use Districts) of the Downtown Ontario Design Guidelines. The design guidelines also apply to those properties located across the street from, and directly abut, the project area.
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Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations A. ALL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Construction Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT No restriction. [1] Signs shall be nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
b. Off-Site Residential
Subdivision Signs
Number and location subject
to Planning Director
approval; however, a sign
shall not be located more
than 600 FT from any other
Off-Site Residential
Subdivision Sign location.
35 SF Sign: 7 FT (overall)
Business Panel Signs : 10
inches (each)
Panel: 5 FT (each) [1] The design, construction
materials, and color scheme
of Off -Site Residential
Subdivision Signs shall be
pursuant to an Off -Site
Residential Subdivision Sign
Program approved by the
Planning Director. No more
than 6 sign panels shall be
affixed to any one structure.
[2] Each sign panel may only
contain the name of the
residential subdivision and a
directional arrow.
[3] The placement of Off-Site
Residential Subdivision Signs
within the public right-of-way
shall be subject to approval
of an encroachment permit
by the City Engineer.
[4] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off -Site
Subdivision Signs is not
permitted.
[5] Signs shall not advertise
residential subdivisions
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Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations located outside of the city
limits.
[6] Individual directional
panels shall be allowed to
remain until such t ime that
the respective subdivision is
sold-out.
[7] It shall be unlawful for any
person to place or erect an
Off-Site Residential
Subdivision Sign, except in
conformity with the herein
stated provisions
[8] The City Council may by
resolution, authorize the
administration of an Off -Site
Residential Subdivision Sign
Program by one or more
organizations of its choosing.
c. Off-Site Business
Signs
Number and location subject
to Planning Commission
approval.
35 SF Sign: 7 FT (overall)
Business Panel Signs : 1 0
inches (each)
Business Panel Signs : 5 FT
(each)
[1] A maximum of 2 Off -Site
Business Signs may be
permitted for a business, or
group of businesses, when
the Planning Commission
can make each of the
following findings:
Five or more businesses
are affected by the same
special circumstances;
and
Special circumstances
exist which adversely
affect the businesses,
such as temporary
closure of a public street,
which provides main
access to the businesses.
[2] The design, construction
materials, and color scheme
of an Off -Site Business Sign
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Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations shall be subject to approval
by the Planning Commission.
[3] No more than 6 business
panel signs shall be affixed to
any one structure.
[4] The placement of Off-Site
Business Signs within the
public right -of-way shall be
subject to approval of an
encroachment permit by the
City Engineer.
[5] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off -Site
Business Signs is not
permitted.
[6] It shall be unlawful for any
person to place or erect an
Off-Site Business Sign, except
in conformity with the herein
stated provisions.
[7] An Off -Site Business Sign
shall be removed within 30
days following the special
circumstances that allowed
the sign, ceases to exist.
[8] No otherwise eligible
business shall be allowed an
Off-Site Business Sign until all
illegal signs associated with
such businesses are
removed.
d. Political Signs Refer to Paragraph
8.01.020.K (Political Signs) of
this Division for political sign
regulations.
e. Street Banners Pursuant to Subsection
8.01.020.G (Street Banners
No restriction. No restriction. No restriction. Comply with the requirements of Subsection
770
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(Rev. 08.04.2026) Page 8.01-10 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and Street Banner Programs)
of this Division.
8.01.020.G (Street Banners
and Street Banner Programs)
f. Large Public
Notification Signs
Refer to Division 2.03 (Public
Hearings), Paragraph
2.03.010.C.4 (Supplemental
Public Noticing Requirements
– Posting) for large public
notification sign regulations.
2. Permanent Signs
a. Address Signs One wall sign and rooftop
sign per building or divided
tenant space.
Street addresses shall be
posted pursuant to
Subsections 6.06.020.B
(Posting of Street Address
Numbers) and D (Posting of
Rooftop Address Numbers) of
this Development Code.
b. Directional Signs Pole, monument, or wall sign. 4 SF per sign face. Pole or monument signs shall not exceed 4 FT in height.
Signs shall be for the purpose
of serving the public safety or
convenience (e.g., signs
such as "parking," "entrance,"
"exit" and the like). The sign
may include the name/logo
of the business it serves.
c. Directory Signs Monument or wall sign. The
number and location shall be
at the discretion of the
Planning Director.
6 SF per sign face. 6 FT Directory signs should include a plot plan showing all
private drives and roads,
building locations with unit
numbers and addresses, and
fire hydrant locations. The
directory should also include
a reference point on the plot
plan indicating the location
of the directory and a north
arrow.
d. Government Flags
and Emblems
No restrictions. No restriction. No restriction. No restriction. Includes flags or emblems of the United States of America,
the State of California, the
County of San Bernardino
and the City of Ontario.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations e. Wall Murals Murals shall be original, non -
commercial works of art;
uniquely designed for the
specific location it is
proposed. Ideally, murals
should depict the historic
character of the community
or reflect Ontario 's
environmental setting.
There is no maximum allowed
sign area; however, murals
must complement the scale
and architectural features of
the building on which they
are located.
No restriction. No restriction. [1] Murals are intended to enhance the quality of the
area in which it is located,
and the community as a
whole. They should not serve
to direct attention to a
specific business, product, or
service.
[2] Wall murals may be
approved by the Planning
Commission, upon
consideration of the
following:
Compatibility of the
design with the
immediate environment
of the site;
Appropriateness of the
design and size to the
function of the site;
Compatibility of the
design and location
within a unified theme;
and
Appropriateness of the
design as a public work of
art. The design may
portray, but not be limited
to, a cultural, historical, or
scenic subject.
B. RESIDENTIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs
(signs identifying properties
and dwellings for resale)
One freestanding sign per
lot, which identifies a
property as "For Sale, " "For
Lease" or "For Rent."
8 SF per sign face.
4 SF per sign face.
5 FT
3 FT
[1] Only nonilluminated signs
shall be allowed.
[2] A sign identifying a
property for sale/lease/rent
shall be removed within 5
772
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations One on-site freestanding sign
per event, which identifies an
"Open House."
Four off -site freestanding
directional signs, which
identifies the location of an
"Open House" event.
4 SF per sign face.
3 FT
days following the close of
escrow.
[3] Open House" signs shall be
allowed as follows:
Signs may be placed
between the hour s of
8:00 AM and 8:00 PM, on
Friday, Saturday, Sunday,
and legal holidays;
Off-site directional signs
shall be located no
farther than 0.5-mile from
the Open House
location;
Signs shall not be placed
on the public sidewalk;
and
No flags, balloons,
pennants, or other sign
riders or decorations shall
be used.
b. Subdivision Sales
Offices and Model Home
Gran Openings < 5 acres
One freestanding or wall sign
per subdivision.
32 SF per sign face. 12 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 30 days following the
sale of the last unit in the
complex.
[3] No flags, balloons, or
pennants shall be used.
c. Subdivision Sales
Offices and Model Home
Grand Openings > 5 acres
One freestanding or wall
signs per street frontage of a
subdivision, not to exceed a
total of 3 signs.
32 FT per sign face. 12 FT
2. Permanent Signs
a. Single-Family Signs
Subdivision Signs One monument sign or wall
sign per subdivision, located
at the subdivision entry or at
major intersecting boundary
streets.
12 SF per sign face. 4 FT (freestanding) [1] Only nonilluminated signs shall be allowed.
[2] The Planning Director may
implement measures to
ensure sign maintenance,
such as the establishment of
a homeowners association
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and the recordation of
appropriate CC&Rs with the
San Bernardino County
Recorder's office, or other
suitable measures.
Home
Occupation Signs
One wall sign per dwelling,
located at or near the
building entrance.
2.25 SF 1.5 FT 1.5 FT Home occupation signs shall
be mounted at eye level, no
higher than 6 FT above
finished floor of the dwelling,
measured at the top edge of
the sign.
b. Multiple-Family
Signs
Complex Signs One monument sign or wall
sign per street frontage.
24 SF per sign face. 6 FT (freestanding) [1] Signs shall be nonilluminated.
[2] Wall signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
[3] Monument signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
Site Directory
Signs
One monument or wall site
directory sign per vehicle
entry.
12 SF per sign face. 6 FT (freestanding)
c. Institutional User
Signs (e.g., day care
facilities, religious assembly,
schools, etc.)
Wall Signs: One sign per street
frontage, not to exceed 2
signs per building.
Monument Signs: One sign
per street frontage.
Wall Signs: 24 SF per building
elevation.
Monument Signs: 24 SF per
sign face.
Wall Signs : 2 FT maximum
alphanumeric character
height.
Monument Signs: 6 FT
Wall Sig ns: Not to exceed
80% of the elevation width
upon which the sign is
located.
Wall Signs: Signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
Monument Signs: Signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
C. COMMERCIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT [1] Signs shall be
nonilluminated.
774
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(Rev. 08.04.2026) Page 8.01-14 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area, excepting within the
area covered by the
Downtown Ontario Design
Guidelines ( see Reference
"C" of this Development
Code for applicable
standards).
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
< 8.000 SF of
tenant GFA
One wall-mounted banner
per tenant.
50 SF per sign face. 3 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year. Periods
may be used consecutively.
[3] Holiday Retail Sales .
Holiday Retail Sales
> 8,000 SF of
tenant GFA
One wall-mounted banner
per tenant.
75 SF per sign face. 5 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
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Ontario Development Code Page 8.01-15 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
[5] Amusement and/or
Sporting Events . Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 per iods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
776
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(Rev. 08.04.2026) Page 8.01-16 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Retail: Businesses
Occupying > 100,000 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
200 SF per building elevation. Primary Signs : 6 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
Retail: Businesses
Occupying 50,000 SF to
99,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
175 SF per building elevation. Primary Signs : 5 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 20,000 SF to
49,999 SF
One primary wall sign per
building e levation, not to
exceed 3 signs, plus 2
descriptor signs.
150 SF per building elevation. Primary Signs : 4 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 1.5 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 8,000 SF to
19,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
100 SF per building elevation. Primary Signs : 3 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 12 inches for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying < 8,000 SF
One wall sign per building
elevation, not to exceed 3
signs.
50 SF per building elevation. Alphanumeric Characters : 2 FT.
Logos/Icons: 4 FT.
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Ontario Development Code Page 8.01-17 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations Office: Multiple-
Story Building Identification
One wall sign per building
elevation, not to exceed 2
signs.
100 SF per building elevation. 3 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Signage shall be limited to
identification of the building,
and not individual tenants.
Office: Multiple
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs.
50 SF per building elevation. 2 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] A maximum of 2 tenant
identification signs shall be
permitted regardless of the
number of tenants
contained within the
building.
Office: Single
Story Building—Tenant
Identification
One wall sign per building
elevation, n ot to exceed 2
signs. Alternately, for multiple
tenant buildings, one
nameplate may be provided
for each tenant (2
nameplates may be
provided for end/corner-unit
tenants).
Wall Signs: 50 SF.
Nameplates: 15 SF.
Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Nameplates: 1.5 FT for
nameplates and 12 -inches
for alphanumeric characters
and graphic logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Nameplates shall not be
illuminated.
b. Monument Signs
Commercial
Center Identification Signs
One monument sign for
each 500 FT (lineal) of street
frontage, with a minimum
300 FT spacing between
signs.
50 SF per sign face. 7 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Building
Identification Signs (not a
part of a center or complex)
One monument sign per
street frontage.
36 SF per sign face. 6 FT
c. Directional Signs
(On-Site)
Freestanding directional
signs (on -site only) shall be
permitted as determined
appropriate by the Planning
Director.
4 SF per sign face 4 FT The design of directional
signs shall be consistent with
the architectural design of
the buildings they serve.
778
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(Rev. 08.04.2026) Page 8.01-18 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations d. Freeway Signs [1] One sign per parcel
having a minimum of 600 FT
of freeway frontage and is
developed as a single entity.
[2] Two signs per parcel
having a minimum of 1,800 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
[3] Three signs per parcel
having a minimum of 3,000 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
150 SF per sign face. 35 FT maximum above the
finished grade of the
adjacent freeway; however,
when a visual impairment
exists, then max height shall
be determined by a height
analysis at the Planning
Director’s discretion.
No sign face shall exceed 25
FT in any direction.
[1] Comply with Paragraph
8.01.020.C.2 (Freeway Si gns)
of this Division.
[2] No advertising display
shall contain flashing,
intermittent, or moving lights,
other than that part
necessary to give public
service information,
including, but not limited to,
the time, date, temperature,
weather, or similar
information, or an Electronic
Message Display that
complies with Paragraph
8.01.020.C.3 (Electronic
Message Displays) of this
Division.
D. MIXED-USE ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection F (Standards for Specialty Signs) of this Table) All Signs Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table; and rely upon the sign standards for commercial land uses established by Subsection C (Commercial Zoning Districts) of this Table
E. INDUSTRIAL ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT. [1] Signs shall be
nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
779
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Ontario Development Code Page 8.01-19 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
One wall-mounted banner
per tenant.
One-half the area allowed
for permanent tenant
identification signage, not to
exceed 50 SF.
Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporar y
signage for maximum 3
periods of 30 days duration
per calendar year . Periods
may be used consecutively.
[3] Holiday Retail Sales .
Holiday Retail Sales
established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
780
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(Rev. 08.04.2026) Page 8.01-20 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events "
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Businesses
Occupying > 250,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
250 SF per wall sign Wall Signs : 6 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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Ontario Development Code Page 8.01-21 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations lot, not to exceed 2 signs per
tenant.
Businesses
Occupying 249,999 SF to
100,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
200 SF per wall sign Wall Signs : 5 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 99,999 SF to
50,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
150 SF per wall sign Wall Signs : 4 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 49,999 SF to
20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
100 SF per wall sign Wall Signs : 3 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying < 20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
50 SF per wall sign Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation wi dth upon which
the sign is located.
[b] Monument Signs
Industrial Park,
Center or Complex
Identification Sign
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Single or Multiple-
Tenant Building Identification
Signs—Not a Part of a Park,
Center or Complex
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
F. SPECIAL USE ZONING DISTRICTS (excepting those "Specialty Signs" listed in Subsection F (Standards for Specialty Signs) of this Table) 782
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations
1. Agriculture Residential Uses: Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
Retail Commercial and Office Uses: Rely upon the sign standards for retail commercial and office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
Industrial Uses: Rely upon the sign standards for single -family residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
2. Civic Rely upon the sign standards for office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
3. Mobile Home Park One monument sign per
street frontage.
24 SF per sign face. 6 FT [1] Non-illuminated or
indirect illumination only.
[2] Signs shall not be located
within a required setback
area.
4. Ontario International
Airport
a. Temporary Signs
Real Estate Signs One freestanding or wall
sign per parcel.
24 SF per sign face. 7 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
Window Signs
and Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building that are
located within 3 FT of a
storefront wi ndow and are
visible from the building
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations exterior shall be deemed a
window sign.
On-Site Signs and
Banners
One wall-mounted sign or
banner per business.
50 SF per sign face.
b. Permanent Signs
Wall Signs As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Monument Sign As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Wayfinding and
Directional Signs
As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Billboards Three LED signs and three
static message signs.
LED Signs : 675 SF per sign
face.
Static Signs : 250 SF per sign
face.
Total Sign Area : The
combined area of all
billboard signs shall not
exceed 2,500 SF.
LED Signs: 35 FT
Static Signs: 35 FT
LED Signs: 48 FT
Static Signs: 11 FT
All billboard signs shall be
located in close proximity to
the terminals and/or rental
car area of the airport.
5. Open Space—
Cemetery
As determined appropriate by the Planning Director.
6. Open Space—
Recreation
As determined appropriate by the Planning Director.
7. Rail Corridor As determined appropriate by the Planning Director.
8. Utilities Corridor As determined appropriate by the Planning Director.
G. STANDARDS FOR SPECIALTY SIGNS (Note: The below-listed standards are for the placement of permanent signs. Refer to the general zoning district standards contained in this table for the standards for temporary sign standards)
1. Fuel Sales (Service
Stations) Signs
a. Wall Signs One primary wall sign per
building elevation, not to
exceed 3 signs.
50 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Not to exceed 80% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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(Rev. 08.04.2026) Page 8.01-24 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations b. Fuel Island Canopy
Sign
One fuel island canopy sign
per elevation, not to exceed
2 signs.
16 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic logos/icons
may be installed in place of
alphanumeric characters.
4 FT graphic logos/icons in
place of alphanumeric
characters.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
c. Fuel Pump
Identification
One logo/icon identification
sign per fuel pump face, not
to exceed 2 signs per pump.
2.25 SF 1.5 FT graphic logo/icon
d. Monument Signs One monument fuel pricing
sign per street frontage.
[1] 25 SF per sign face.
[2] 50 SF per sign face, when
combined with business
identification signage.
7 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
2. Drive-Thru Restaurant
Signs
a. Wall Signs One wall sign per building
elevation, not to exceed 3
signs.
25 SF per sign face. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
b. Menu Boards One pre -order board and
one order board per
business.
36 SF per sign face. 6 FT (freestanding)
c. Monument Signs One monument sign per
business.
50 SF per sign face. 6 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-25 (Rev. 02.17.2026) C. Freestanding Signs. The following requirements apply generally to the design and placement of freestanding signs, including monument signs and freeway signs, and the use of electronic message or text display:
1. Monument Signs. Any freestanding sign that identifies: [i] a residential subdivision; [ii] a multiple-family or mixed-use development project; [iii] an individual building on an individual lot containing one or more nonresidential uses; or [iv] a center or complex consisting of 2 or more buildings containing one or more nonresidential uses per bui lding, shall be designed as a monument sign, which complies with the following:
a. Table 8.01-1 (Sign Regulation Matrix) of this Division establishes the number, location, area, height, and additional regulations applicable to monument signs.
b. The minimum letter height shall be 8 inches.
c. Monument signs for centers/complexes shall be limited to the display of the name of the center/complex and the identification of a maximum of 7 tenants within the center/complex.
d. Monument signs shall have a maximum of 2 sign faces.
e. Monument signs may be oriented toward arterial, collector and/or local streets, or private drives, and shall not be oriented toward freeways.
f. No monument sign shall be located within a public right-of-way and must be wholly located behind the right-of-way line (street property line) for its full height. Furthermore, such signs shall be located a minimum of 10 FT behind the adjacent curb face (public and private streets).
g. A monument sign shall be located a min imum of 30 FT from a monument sign on an adjacent lot, and a minimum of 5 FT from an interior property line or driveway that intersects a public street.
h. Monument signs shall contain an address (or range of addresses) identifying the property on which the sign is located. Address numbers shall be a minimum of 6 inches in height and shall be clearly visible from the adjacent public street. The area of the address numerals shall not be calculated against the allowed sign area.
i. Unless otherwise specifically p rohibited by Table 8.01 -1 (Sign Regulation Matrix) of this Division, a monument sign may be internally or externally illuminated , provided that the illumination is not harsh or overly bright. Signs shall consist of individual letters/characters affixed to an opaque, matte finished background. The sign background shall not be internally illuminated; only letters/characters shall be internally illuminated.
2. Freeway Signs. Freeway signs may be allowed on lots with property lines that are common with the right -of-way of Interstate 10, Interstate 15, or State Route 60 freeways, which have at least 600 linear FT of freeway frontage, and are subject to the following:
a. Table 8.01 -1 (Sign Regulation Matrix), above, establishes the number, location, area, height, and additional regulations applicable to freeway signs.
786
Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-26 Ontario Development Code b. The maximum vertical or horizontal dimension of any freeway sign display surface is 25 FT.
c. A freeway sign shall be placed a minimum of 600 FT from any other freeway sign on the same property or on an ad jacent property and shall be placed no further than 40 FT from the freeway right-of-way.
d. Freeway signs shall consist of no more than 2 faces unless alternative configurations are approved by the Planning Commission.
e. No tentative tract or parcel map, or l ot merger shall be granted, which would result in the consolidation of multiple lots into a single lot with freeway signs in excess of the maximum number, location, area, and/or spacing of signs prescribed by this Section.
f. A freeway sign shall be placed no closer than 10 FT to an interior property line, drive aisle, or private drive.
g. A digital freeway sign with electronic display shall be permitted on public and/or private property subject to City Manager review and approval of the following:
(1) Approval of the digital freeway sign shall be subject to the approval of a Digital Sign and Billboard Removal Agreement between the City and the property owner;
(2) A minimum of 2 existing, legal nonconforming billboards shall be removed, both of which must be currently located within the City;
(3) The area is developed with a legally established permitted land use;
(4) The proposed sign would not create a traffic or safety problem with regard to on-site access, circulation, or visibility;
(5) The proposed sign would not interf ere with on -site parking or landscaping required by City ordinance or permit;
(6) The property has at least 600 linear FT of freeway frontage;
(7) The proposed sign will display both public and private information;
(8) The overall design of the sign, including massing, proportion, and scale shall be subject to review and approval of a Sign Permit, and
(9) For projects of regional significance as determined by the City Manager, the relocation of billboards may be waived and recommended for review by the City Manager to the City Council.
3. Electronic Message Center. An Electronic Message Center may be incorporated into a freeway sign for a public or private school; public facility or service; convention centers, arenas and othe r similar places of assembly; and auto malls and shall be subject to review and approval by the Planning Commission. An Electronic Message Center shall comply with the following requirements:
787
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-27 (Rev. 02.17.2026) a. The Electronic Message Center display shall not include any mes sage or pictorial that is in motion or appears to be in motion;
b. The Electronic Message Center display shall not change the intensity of illumination;
c. The Electronic Message Center display shall not change the message or pictorial more than once every 4 seconds;
d. No Electronic Message Center shall be placed within 1,000 FT of another Electronic Message Display located on the same side of the freeway; and
e. An Electronic Message Center shall only advertise the business conducted, services rendered, or goods produced or sold upon the property on which the display is placed.
4. Electronic Text Display . An Electronic Text Display may be incorporated into a monument sign to facilitate a fuel pricing sign required pursuant to BPC Sections 13530 through 13540, or fo r the purpose of providing messages and information related to public or private schools, government facilities, facilities for religious assembly, theaters, convention centers, arenas, and other similar places of assembly. An Electronic Text Display shall comply with the following requirements:
a. An Electronic Text Display shall not include any pictorial display;
b. An Electronic Text Display shall not change the intensity of illumination;
c. An Electronic Text Display shall not change the message more than once every 4 seconds;
d. No Electronic Text Display shall be placed within 600 feet of another Electronic Text Display located on the same side of the street, excepting fuel pricing signs provided pursuant to BPC Sections 13530 through 13540; and
e. An Electronic Text Display shall only advertise the business name, and events and services conducted on the property upon which the Electronic Text Display is installed.
D. Building Wall and Fascia Signs.
1. Wall and/or fascia signs shall consist of individual channel letters placed flat against the exterior wall or parapet of a building, or suspended from the building eaves or overhang, or from the ceiling of a covered walkway, and having an overall depth of no more than 12 inches .
A suspended sign shall have a clear space of at least 8 FT between the bottom of the sign and the surface of any walkway that may pass under the sign.
2. Acceptable wall and/or fascia sign designs include one or more of the following elements:
a. Halo lit channel letters;
b. Standard channel letters;
c. Front and halo lit channel letters;
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(Rev. 02.17.2026) Page 8.01-28 Ontario Development Code
d. Pin mounted sandblasted, textured, and/or burnished metal -leaf faced letters;
e. Signs mounted to hard canopies, eyebrows, or other projecting architectural elements, such as s creens, grids or mesh, or etched, polished, patina or abraded materials; and/or
f. Mixed media signs (utilizing the designs described in Subparagraphs D.1.2.a through e, above), incorporating imagery and icons /logos. Although simple rectangular cabinet signs are generally not allowed, mixed media signs may be composed of several elements, one of which may be a sculptured cabinet; however, the cabinet sign shall not exceed 25 percent of the total sign area of each sign.
3. Wall and/or fascia signs may be located on an exterior building elevation that :
[i] fronts/faces a public street, or [ii] faces an interior side or rear of a site , and contains a public entrance, pursuant to the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix), of this Section.
4. The characters that comprise a sign shall not occupy more than 75 percent of the length of the building wall or fascia upon which it is placed.
5. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physicall y impractical or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver from this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
6. Electrical raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed.
7. Signs shall be placed flat against the wall and sh all not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a projection greater than 12 inches may be desirable t o allow the creation of an especially creative and unique sign design.
8. Signs shall not be placed to obstruct any portion of a window or cover architectural elements, such as cornices, transom windows, vertical piers and columns, and similar elements.
E. Address Signs Required. The City finds that it is in the interest of public safety that all street addresses be clearly visible. Unless otherwise authorized in writing by the Police and Fire Departments, all permanent structures within the City shall displ ay street address numerals of a size, color, and location, which are clearly visible from a public right -of-way. Address signs shall not count toward the maximum sign area allowed by this Division.
F. Sign Programs.
1. A Sign Program may be allowed pursuant to Section 4.02.075 (Sign Programs) of this Development Code, for the purpose of:
a. Providing coordinated signing within a development project; 789
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Ontario Development Code Page 8.01-29 (Rev. 02.17.2026)
b. Utilizing common design elements; and
c. Integrating the design of signs with the context of the building and landscape design, to form a unified architectural statement.
2. A Sign Program may allow certain deviations from the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix) of this Division, limited to: [i] a 30 percent increase in maximum sign area, [ii] an increase in the maximum number of signs allowed, [iii] the use of decorative exposed neon , and [vi] any other modifications deemed appropriate for the building(s) and site context, as determined by the Planning Director . In approving such deviation(s), the following findings must be clearly established:
a. The Sign Program’s contribution to the overall design quality of the site and the surrounding area will be superior to the quality that would otherwise result under regulations normally applicable to the site;
b. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other;
c. Approval of the Sign Program will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity; and
d. Any deviations from the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix) of this Development Code are fully consistent with the purposes of this Development Code and any applicable specific plan or planned unit development.
3. A Sign Program may allow the use of complex-shaped (i.e., Polyhedron) sculptured cabinets if dimensional elements are also incorporated, such as burnished metal-leaf faced letters that are pin mounted from the cabinet face, or decorative exposed neon.
G. Street Banners and Street Banner Programs.
1. Street Banners.
a. No street banner, flag, pennant, or street decoration shall be placed or installed over and/or above any street or other public thoroughfare, without first obtaining City Manager approval, and the issuance of an encroachment permit by the City Engineer.
b. No person, either as principal, agent, or otherwise, shall hang or suspend any street banner above any street or other public thoroughfare, or cause the same be done, unless a Street Banner Program has approved pursuant to the requirements of Paragraph G.2 (Street Banner Programs) of this Section.
c. A street banner, flag, pennant, or street decoration shall be safely suspended not less than 17 FT above a public street, upon approval of the City Engineer and Building Official.
d. A street banner, flag, pennant, or street decoration shall not contain the name or designation of any individual, firm, or corporation as an advertisement for private gain.
790
Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-30 Ontario Development Code e. A street banne r, flag, pennant, or street decoration shall not remain in place longer than 30 days from the date permission is granted by the City Manager pursuant to Subparagraph G.1.a of this Section.
f. The Building Official shall, upon receipt of the required application, issue a permit for the erection and maintenance of a street banner, flag, pennant, or street decoration, according to [i] the terms of the City Manager's approval, [ii] the encroachment permit issued by the City Engineer, and [iii] the Street Banner Program described in Paragraph G.2 (Street Banner Programs), below (if required).
2. Street Banner Programs . A Street Banner Program shall be subject to review and approval by the Zoning Administrator, and must adhere to the following guidelines:
a. Application. The street banner program application shall contain the following minimum information:
(1) Street Banner Design—A fully dimensioned plan that clearly depicts the street banner design, materials, colors, and letter style;
(2) Street Banner Elevations—A fully dimensioned elevation drawing(s) depicting streetlight poles with each proposed banner type attached;
(3) Street Banner Location —A site plan drawn to scale, which depicts the specific location of each proposed street banner and the affected streetlight poles; and
(4) Equipment—All hardware and bracketry necessary for mounting the proposed street banner(s) to the affected streetlight poles, which shall meet or exceed City specifications.
b. Private Business Recognition. Private sponsorship of street banners shall only be permitted in association with an approved street banner program, with identification of the sponsor regulated as follows:
(1) Placement—The street banner sponsor may be identified on each street banner by lettering no greater than 6 inches in heig ht, which runs the width of the banner, and covering no more than 10 percent of the banner area;
(2) Font—A uniform font type, style, size, and color shall be used for banner sponsor names within a given banner program; and
(3) Graphics—There shall be no private logos or trademark graphics allowed.
c. Maintenance. At a minimum, street banners shall be removed for cleaning annually, and shall be removed for repair or replacement when worn, torn, or faded. The City may require that street banners be alternated season ally (3 to 4 times per year). Furthermore, Street banners shall be removed for repair or replacement when worn, torn, or faded.
H. Awnings and Canopies, and Outside Umbrellas.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-31 (Rev. 02.17.2026)
1. As a design feature of any building, structure, or business establishment, all awnings and canopies, and outside umbrellas, shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed, erected, or installed.
2. Awnings and canopies that contain advertising shall be counted tow ard the total allowable signing for the business that it serves.
3. Umbrellas shall not contain advertising.
4. The use of backlit awnings and/or canopies shall be prohibited.
I. Accent Lighting.
1. As a design feature of any building, structure, or business establishment, all accent lighting shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed or installed. Accent lighting should be limited to confined areas, such as building entries, architectural features, or used to reinforce specific architectural elements, such as tower and cornice elements.
2. Accent lighting elements and luminaires placed directly on a building façade shall be shielded. Lighting elements and luminaires placed directly on a building façade so as to be directly exposed to public view, is prohibited.
J. Construction, Installation and Maintenance.
1. Construction. The construction and installation of signs shall be enforced and administered by the Building Official. All signs and a dvertising structures shall be designed and constructed to withstand wind loads, dead loads, and lateral forces as required by the City 's Building Code and the provisions of this Division.
2. Identification. Every sign or other advertising structure hereafter erected in the City shall have an identifying number, name of erector, installation year and, if illuminated, the voltage plainly placed on the exterior surface of the sign body, in a location where the information is readily visible after erection and installation.
3. Illumination.
a. General Requirements.
(1) Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
(2) Awnings with back-lighting are prohibited.
(3) Light sources (luminaires) used for externally illuminated signs shall not be visible within 100 FT of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00PM and 6:00AM, unless they identify an establishment open for business during those hours.
792
Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-32 Ontario Development Code (4) Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightn ess of luminous or backlit signs shall not exceed 250 footlamberts (fl).
b. Internally Illuminated Signs. The illumination level of a sign shall be reduced if it is determined to be excessive as a result of City evaluation. Illumination shall be considered excessive if the illumination level:
(1) Is substantially greater than the illumination level of other nearby signs;
(2) Interferes with the visibility of other signs, or with the perception of objects or buildings in the vicinity of the sign;
(3) Directs glare toward streets or motorists;
(4) Adversely impacts nearby residents or residential neighborhoods; and/or
(5) Reduces the nighttime readability of the sign.
c. Externally Illuminated Signs. The light source for externally illuminated signs shall be arranged and shi elded to substantially confine all direct light rays to the sign face, and away from streets and adjacent properties.
4. Maintenance. All signs, together with their supports and appurtenances, shall be kept neatly painted and posted. The Zoning Administrator, Building Official, or Code Enforcement Director may order the removal of any sign that is not maintained in accordance with the provisions of this Division.
K. Political Signs.
1. Purpose.
a. The purpose of these political sign regulations is to identify the compatibility between the utilization of political signs, the protection of the right to privacy of individuals, and the quiet and undisturbed enjoyment of property.
b. It is recognized that there have been abuses in the placement of political signs within the City, including: [i] trespassing upon private property; [ii] placement of political signs without permission from the property owner; [iii] placement of political s igns in such a fashion as to make it difficult to remove them; [iv] littering caused by dislodged political signs; [v] sight distance hazards to traffic due to sign size and location; [vi] distracting appearance; [vii] aesthetically displeasing impact; [viii] unnecessary proliferation; and [ix] other reasons, all of which are determined to be contrary to the best interests of the community, and in opposition to the public health, safety and welfare.
c. The reasonable regulation of political signs will obviate many of the objections that have been raised to the unregulated placement of such signs.
793
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-33 (Rev. 02.17.2026) d. It is recognized that to the extent that placement of political signs is not contrary to the purposes stated herein, it is in the best interests of the City and its inhabitants to allow political expression, and, for that reason, it is but to avoid the total prohibition of such signs.
e. It is believed that responsibility for the placement of political signs should lie with the candidate for public office, the proponent s and opponents of ballot measures, and the various political committees connected therewith. It is recognized that political signs are printed by, or at the direction of, those listed herein, and that the ultimate responsibility for the distribution of such signs and their placement lies with them.
2. Definition. The term "political sign, " as used herein, means a ny election or nonelection sign, advertising structure, or display, which communicate any message or idea identifying, supporting, opposing, promoti ng, or conveying a position upon, or relating to, any political cause or issue, or candidate for public office, or proposition or issue connected with any local, special, state, or national election.
3. Political Sign Registration . Pursuant to BPC Section 54 05.3, any candidate (or their designee) or the proponents of a ballot measure who seek to utilize political signs, shall first file a Statement of Responsibility with the Code Enforcement Department, on a City registration form.
The registrant shall be responsible for removing the temporary political sign and may be required to reimburse the City for any cost incurred for temporary political sign removal.
4. Permitted Signs . Political signs, as herein defined, shall be permitted within any zoning district subject to compliance with all of the rules and regulations set forth in Paragraph K.5 (Regulations) herein.
5. Regulations.
a. No provision in this Development Code shall be so construed as to prohibit the placing of temporary political signs.
b. No political sign shall be installed or displayed sooner than 45 days preceding the election for which the sign is intended.
c. No political sign shall exceed 16 SF in total area, except that a double - faced sign, not exceeding 16 SF on each side, shall be permitted.
d. No political sign shall exceed an overall height of 8 FT, except if such sign shall be within an enclosed building or structure.
e. No candidate for public office, proponent or opponent of ballot measures, and/or any political committees connected therewith, shall post more than one political sign per lot or parcel.
f. No political sign shall be lighted either directly or indirectly.
g. No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property.
h. No political sign shall be placed or affixed to a tree, fence, post, utility pole, or any structure, by glue, nails, or screws.
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Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-34 Ontario Development Code i. No political sign shall be posted on any public property or in the public right- of-way.
j. No political sign shall be placed within the right-of-way of any highway, or with 660 FT of the edge of, and visible from, the right-of-way of a landscaped freeway.
k. No political signs shall be posted in violation of any other provisions of this Development Code.
l. All political signs shall be rem oved within 10 days following the date of the election for which the sign was intended.
6. Removal of Illegally Placed Political Signs . The Building Official or Community Improvement Manager may cause the removal of any sign placed contrary to any provision of the Political Sign provisions contained herein (commencing with Subsection K (Political Signs) of this Section).
8.01.025: Design Guidelines
A. Introduction.
1. The following design guidelines are intended as a reference to assist the designer in understanding the city 's goals and objectives for high quality sign design, construction, and placement throughout the city. These guidelines are intended to complement the mandatory standards contained in Section 8.01.02 0 (Sign Standards) of this Division , by providing good examples of potential design solutions and by providing design interpretations of the various mandatory requirements.
2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the city's review of a sign program or sign plan to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the designer. Nonetheless, unless there is a compelling reason, these design guidelines shall be observed.
B. General Guidelines.
1. Use a Brief Message. The fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks clean er and is more attractive. A sign should only include the name and/or nature of the business, and in addition to the name, may contain a maximum of three words describing the business or service provided.
2. Avoid Overly Intricate Fonts . Signs utilizing very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively.
3. Avoid Faddish and Peculiar Fonts . Signs utilizing faddish or peculiar fonts may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business.
4. Sign Colors and Materials. The colors and materials of a sign should be selected so that they contribute to sign legibility and design integrity. Even the most carefully thought out sign 795
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-35 (Rev. 02.17.2026) may be unattractive and a poor communicator because of poor color selection. Dayglow, fluorescent, and overly bright or loud colors should not be used.
5. Provide Contrast Between Background and Letters/Symbols . Use significant contrast between the sign 's letter/symbol color and its background color. If there is little contrast in the hue (shade or tint) and intensity (brightness) between the background and letter/symbol colors, it will be difficult to read.
6. Avoid Too Many Different Colors . The use of too many different colors will overwhelm the basic function of communication. The colors compete with sign content for the viewer's attention. The limited use of accent colors can increase legibility, while large areas of competing colors tend to confuse and annoy.
7. Sign Placement. Generally, building wall and fascia signs should be located within the middle 75 percent of the building frontage, measured from tenant line to tenant line for multiple tenant buildings, and measured across the full width of the buil ding elevation for single tenant buildings. The Zoning Administrator shall have the authority to modify this requirement where it can be shown that:
a. The directed placement would severely limit proper sign placement; or
b. The directed placement would be con trary to the sign placement approved by a Development Plan.
8. Proportion, Scale and Rhythm of Sign Placement . Signs should be placed consistent with the proportions and scale of building elements within a building 's facade:
a. A particular sign may fit well on a large, plain wall area, but would overpower the finer scale and proportion of the lower storefront.
b. Signs can be used to establish facade rhythm, scale, and proportion where such elements are weak in the building design. On buildings having a monolithic or plain facade, signs can be used to establish or continue appropriate design rhythm, proportion, and scale.
c. The proportion of letter area to sign background area should be carefully considered. If the letters take up too much of the background area, they may be harder to read — large letters are not necessarily more legible than smaller ones.
d. Generally, the characters that comprise a sign should not occupy more than 70 percent of the area of a sign's background.
9. Pedestrian Signs . Signs oriented to pedestrians should be smaller in scale. The pedestrian -oriented sign is usually read from a distance of 15 to 20 feet, whereas the vehicle - oriented sign is designed to be viewed from a much greater distance. The closer the sign's viewing distance, the smaller the sign needs to be.
10. Freestanding Signs . Freestanding signs should incorporate the materials and architectural features used in the building(s) they serve.
C. Building Wall and Fascia Signs.
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(Rev. 02.17.2026) Page 8.01-36 Ontario Development Code
1. Building wall and fascia signs should be compatible with the predominant visual elements of the building. Commercial centers and offices, industrial parks, business parks, and other similar facilities, are required to be part of a sign program in accordance with the provisions of Section 4.02.080 (Sign Programs) of this Development Code.
2. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs should be complementary to one another in the following ways:
a. Type of construction materials (sign copy, supports, etc.);
b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base);
d. Configuration of sign area; and
e. Proportion of sign copy area to background.
3. Lighted signs, whether internally or externally illuminated, are permitted; provided, they are not harsh or overly bright. Can -type box signs with translucent backlit panels should not be used.
4. Signs with backl it or internally illuminated individual channel letters are strongly encouraged.
D. Freestanding Signs.
1. Freestanding signs are intended to provide identification for single-tenant buildings, multiple-tenant buildings, commercial offices and centers, and business and industrial parks. Signs for single-tenant buildings should include the street address of the business.
2. Signs for multiple -tenant buildings, commercial offices and centers, and business and industrial parks should display the range of business ad dresses for that development. The business address shall not be included in the sign area calculation.
3. Lighted signs, whether internally or externally illuminated, are permitted, provided they are not harsh or overly bright. Signs should consist of indivi dual affixed to an opaque, matte finished background. The use of backlit (halo lighting) letters is strongly encouraged.
4. Freestanding signs should be placed perpendicular to approaching vehicular traffic.
5. Freestanding signs should be placed in landscaped planters of sufficient area, shape and design that will provide a compatible setting and ground definition to the signs.
6. Monument signs should be provided with a base, which measures from 12 to 18 inches in height, to accommodate the growth of landscaping around the sign base, without interrupting view of the sign face.
797
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Rene Guerrero, Andrea Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:
AWARD OF 20 CONSTRUCTION CONTRACTS FOR THE CONSTRUCTION OF THE
FLIGHT TOWER RESTAURANT AT ONT FIELD
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council take the following actions:
A
.
Authorize the City Manager, or his designee, to execute 20 Construction Contracts to provide the various construction services listed below for Bid No. 2004 - D&C25-004 – Flight Tower Restaurant located at ONT Field in the amount of $19,874,338 and authorize a combined contingency of $2,981,151 to include the five contractors from Bid No. 1979 and Bid No. 1985, for a total not-to-exceed contract amount of $22,855,489:
a
.
06 – Concrete: Site – Bogh Construction, LLC: $774,374
b
.
07 - Masonry – Haxton Masonry, Inc.: $560,000
c
.
08 – Metal Stud Framing, Insulation, Drywall & Plaster – Brady West, Inc.: $1,390,987 d
.
09 – Finish Carpentry & Casework – K & Z Cabinet Company, Inc.: $718,140 e
.
10 – Sheet Metal & Cladding – Exclusive Metal, Inc.: $1,020,000 f
.
11 – Roofing & Waterproofing – Commercial & Industrial Roofing Company, Inc.:
$484,000
g
.
12 - Door, Frames, Hardware – Star Hardware, Inc.: $199,400 h
.
13- Aluminum & Glazing – Golden Glass, Inc.: $1,274,420 i
.
14 – Ceramic Tiling – Continental Marble & Tile Company: $531,037 j
.
15 - Acoustical Ceiling & Treatment – Southcoast Acoustical Interiors, Inc.: $487,755 k
.
17 - Painting & Wall Covering – D & M Painting, Inc.: $185,700 l
.
18 - Signage – TFN Architectural Signage, Inc. dba Third Floor North Company: $318,014 m
.
19 – Food Service – Kamran and Company, LLC: $1,467,090 n
.
20 – Fire Sprinkler – Serenity Fire Protection: $179,870 o
.
21 – Plumbing: Building – Rivera Equipment dba Valley Industrial Mechanical: $910,000 p
.
22 - HVAC: Wet & Dry – Simco Mechanical: $1,479,531
q
.
23 – Electrical & Low Voltage – Rancho Pacific Electric Construction, Inc.: $4,739,100 r
.
24 – Landscape & Irrigation – American Landscape, Inc.: $149,000 s
.
25 – Ornamental Fencing – Econo Fence, Inc.: $205,950
t
.
26 – General Package – Bogh Construction, LLC: $2,799,970; and B
.
Reject the bid protest from Continental Plumbing, Inc for D&C25-004 – Flight Tower 798
Restaurant – BC21 – Plumbing as without merit; and
C
.
Reject the bid from Elegant Construction Company as non-responsive on Bid No. 2004 – D&C25-004 – Flight Tower Restaurant – BC25 - Ornamental Fencing and award the bid to the next lowest responsible bidder; and
D
.
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Operate in a Businesslike Manner
FISCAL IMPACT:
The Fiscal Year 2026-27 Adopted Budget includes appropriations in the Capital Projects Fund for the Flight Tower Restaurant located at ONT Field. The proposed contract award to the 20 contractors for the construction of the D&C25-004 Flight Tower Restaurant is in the amount of $19,874,338 plus a combined contingency of $2,981,151 for a total not-to-exceed contract amount of $22,855,489.
BACKGROUND & ANALYSIS:
On December 16, 2025, the City Council approved an amendment to the Design Services Agreement with HMC Architects to design the Flight Tower Restaurant located at ONT Field.
On March 17, 2026, the City Council approved a Construction Contract from Bid No. 1979 with Rancho Pacific Electric Construction, Inc. for the Electrical Switch Gear for the Flight Tower Restaurant project. On May 5, 2026, the City Council approved four Construction Contracts from Bid No. 1985 to begin construction of the Flight Tower Restaurant. The four contracts include KCB Towers, Inc. for Structural Steel, Pacific Southwest Structures, Inc. for Concrete, Continental Plumbing, Inc. for Site Utilities, and Rancho Pacific Electric Construction, Inc. for Electrical.
On July 16, 2026, 74 bids were received for Bid No. 2004 - D&C25-004 – Flight Tower Restaurant.
Below is a list of the lowest responsible/responsive bids received:
Bid Package No.
Bidder
Location
Amount
06 – Concrete: Site
Bogh Construction, LLC
Beaumont, CA
$774,374
07 - Masonry
Haxton Masonry, Inc.
Yuma, AZ
$560,000
08 – Metal Stud
Framing, Insulation,
Drywall & Plaster
Brady West, Inc.
Irvine, CA
$1,390,987
09 – Finish Carpentry &
Casework
K & Z Cabinet Company, Inc.
Ontario, CA
$718,140
10 – Sheet Metal
Exclusive Metal, Inc.
Riverside, CA
$1,020,000
799
11 – Roofing &
Waterproofing
Commercial & Industrial
Roofing Company, Inc.
Spring Valley, CA
$484,000
12 - Door, Frames,
Hardware
Star Hardware, Inc.
Ontario, CA
$199,400
13- Aluminum & Glazing
Golden Glass, Inc.
Fullerton, CA
$1,274,420
14 – Ceramic Tiling
Continental Marble & Tile
Company
Corona, CA
$531,037
15 - Acoustical Ceiling &
Treatment
Southcoast Acoustical
Interiors, Inc.
Fontana, CA
$487,755
17 - Painting & Wall
Covering
D & M Painting, Inc.
Orange, CA
$185,700
18 - Signage
TFN Architectural Signage,
Inc. dba Third Floor North
Company
Placentia, CA
$318,014
19 – Food Service
Kamran and Company, LLC
Santa Barbara, CA
$1,467,090
20 – Fire Sprinkler
Serenity Fire Protection
Brea, CA
$179,870
21 - Plumbing
Rivera Equipment dba Valley
Industrial Mechanical
Oak Hills, CA
$910,000
22 - HVAC
Simco Mechanical
Alta Dena, CA
$1,479,531
23 - Electrical & Low
Voltage
Rancho Pacific Electric
Construction, Inc.
Rancho Cucamonga, CA
$4,739,100
24 - Landscape &
Irrigation
American Landscape, Inc.
Canoga Park, CA
$149,000
25 - Ornamental
Fencing
Econo Fence, Inc.
Riverside, CA
$205,950
26 - General Package
Bogh Construction, LLC
Beaumont, CA
$2,799,970
Tilden-Coil Constructors, Inc., the City’s construction management partner for the Flight Tower Restaurant Project, and City Staff reviewed each bid and each company’s qualifications and responsiveness to the bid requirements. Based on the credentials, pricing, and reference checks, Staff recommends awarding Construction Contract D&C25-004 Flight Tower Restaurant to all of the above-mentioned companies.
Rivera Equipment dba Valley Industrial Mechanical was the apparent low bidder for Bid package BC21- Plumbing. On July 23, 2026, the City received a protest letter from Continental Plumbing, Inc., stating that Plumbing Rivera Equipment dba Valley Industrial Mechanical did not submit a correct bid bond and Continental Plumbing, Inc., the second lowest bidder should be awarded the contract.
The City sent Continental Plumbing, Inc., a letter on July 29, 2026, stating that Plumbing Rivera Equipment dba Valley Industrial Mechanical is the lowest responsive and responsible bidder.
Continental Plumbing, Inc.’s protest is without merit and Plumbing Rivera Equipment dba Valley Industrial Mechanical remains the lowest responsible and responsive bidder.
Elegant Construction, Inc.'s, bid for package BC25 – Ornamental Fencing, was deemed non- responsive because it was not secured by a bid bond which is required by the project manual and is 800
therefore substantively deficient. Staff recommends that Elegant Construction, Inc.’s bid be deemed non-responsive and to award the contract to the next lowest bidder.
Construction of the Flight Tower Restaurant is anticipated to be completed by March 2027.
801
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Bogh Construction, LLC sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Concrete: Site
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Seventy – Four Thousand Three Hundred Seventy – Four Dollars ( $774,374). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
802
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 803
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
804
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Bogh Construction, LLC
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
805
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Haxton Masonry, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant - Masonry
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred Sixty Thousand Dollars ($560,000).
Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
806
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 807
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
808
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Haxton Masonry, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
809
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Brady West, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Metal Stud Framing, Insulation, Drywall & Plaster Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Three Hundred Ninety Thousand and Nine Hundred Eighty – Seven Dollars ($1,390,987). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
810
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 811
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
812
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Brady West, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
813
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and K & Z Cabinet Co., Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Finish Carpentry & Casework
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Eighteen Thousand and One Hundred Forty Dollars ( $718,140). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
814
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Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 815
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
816
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
K & Z Cabinet Co., Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
817
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Exclusive Metal, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Sheet Metal & Cladding
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million and Twenty Thousand Dollars ( $1,020,000).
Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
818
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 819
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
820
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Exclusive Metal, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
821
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Commercial & Industrial Roofing Company, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Roofing & Waterproofing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Eighty – Four Thousand Dollars ( $484,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
822
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 823
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
824
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Commercial & Industrial Roofing Company,
Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
825
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Star Hardware, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Doors, Frames & Hardware
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Ninety-Nine Thousand and Four Hundred Dollars ( $199,400). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
826
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 827
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
828
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Star Hardware
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
829
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Golden Glass, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Aluminum & Glazing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Two Hundred Seventy – Four Thousand Four Hundred Twenty Dollars ( $1,274,420). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
830
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 831
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
832
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Golden Glass, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
833
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Continental Marble and Tile Company, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Ceramic Tiling
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred Thirty – One Thousand and Thirty Dollars ( $531,037). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
834
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 835
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
836
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Continental Marble and Tile Company
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
837
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Southcoast Acoustical Interiors, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Acoustical Ceiling & Treatment Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Eighty – Seven Thousand Seven Hundred Fifty – Five Dollars ( $487,755). Payment shall be made as set forth in the General Conditions.
The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
838
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 839
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
840
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Southcoast Acoustical Interiors, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
841
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and D & M Painting, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE O F 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:
Flight Tower Restaurant – Painting & Wall Covering
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a r esult 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 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Eighty – Five Thousand Seven Hundred Dollars ( $185,700). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN
WAPNER
MAYOR PRO TEM
JI
M W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAM
ES R. MILHISER
CITY TREASURER
SC
OTT OCHOA
CITY MANAGER
842
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 843
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
844
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
D & M Painting
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPRO
VED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[D
ELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CO
RPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END
OF CONTRACT
845
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Third Floor North, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Signage
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Eighteen Thousand and Fourteen Dollars ( $318,014). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
846
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 847
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
848
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Third Floor North
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
849
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Kamran and Company, LLC sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Food Service
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Four Hundred Sixty – Seven Thousand and Ninety Dollars ( $1,467,090). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
850
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 851
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
852
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Kamran and Company, LLC
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
853
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Serenity Fire Protection sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Fire Sprinkler
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Seventy – Nine Thousand and Eight Hundred Seventy Dollars ( $179,870). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
854
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 855
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
856
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Serenity Fire Protection
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
857
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Rivera Equipment dba Valley Industrial Mechanical sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Plumbing: Building
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Nine Hundred Ten Thousand Dollars ( $910,000).
Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
858
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 859
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
860
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Rivera Equipment dba Valley Industrial
Mechanical
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
861
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Simco Mechanical, Inc. sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – HVAC: Wet & Dry
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Four Hundred Seventy – Nine Thousand and Five Hundred Thirty – One Dollars ( $1,479,531). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
862
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 863
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
864
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Simco Mechanical, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
865
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and ent
ered as of , by and between City of Ontario, with its
principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Rancho Pacific Electric Construction, Inc. sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE O F 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:
Flight Tower Restaurant – Electrical & Low Voltage
Contractor is an independent con tractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a r esult 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 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Million Seven Hundred Thirty – Nine Thousand and One Hundred Dollars ( $4,739,100). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices s et forth in the
Bid Schedule.
PAUL S. LEON
MAYOR
ALAN
WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAM
ES R. MILHISER
CITY TREASURER
SC
OTT OCHOA
CITY MANAGER
866
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ART
ICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 867
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
868
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Rancho Pacific Electric Construction, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPRO
VED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[D
ELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CO
RPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END
OF CONTRACT
869
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and American Landscape, Inc. sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Landscaping & Irrigation
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Forty – Nine Thousand Dollars ( $149,000).
Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
870
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 871
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
872
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
American Landscape, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
873
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Econo Fence, Inc. sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – Ornamental Fencing
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Five Thousand Nine Hundred Fifty Dollars ( $205,950). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
874
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General 875
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
876
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Econo Fence, Inc.
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
877
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-1- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant is made and entered as of , by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Bogh Construction, LLC sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Flight Tower Restaurant – General Package
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 225 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Seven Hundred Ninety – Nine Thousand and Nine Hundred Seventy Dollars ( $2,799,970). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
PAUL S. LEON
MAYOR
ALAN WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
878
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-2- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $[Refer to the Special Conditions] for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
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 879
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-3- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
880
Flight Tower Restaurant (Site Improvements, Shell and
Interior Buildout)
-4- SECTION 00500 – CONTRACT FOR
CONSTRUCTION
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
Bogh Construction, LLC
By:
Its:
Printed Name:
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
REQUIRED]
END OF CONTRACT
881
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Rene Guerrero, Andrea Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:
AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR BIOLOGICAL, ARCHAEOLOGICAL, AND
PALEONTOLOGICAL SUPPORT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE GRAND PARK PHASE 1 PROJECT
CITY OF ONTARIO
Agenda Report
August 18, 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. 14 to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, for biological, archaeological, and paleontological support and construction management services for the Grand Park Phase 1 Project in the amount of $2,678,970 for a total not-to-
exceed contract amount of $9,393,809
and extend the contract to June 30, 2028; and
B
.
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:
The Fiscal Year 2026-27 Adopted Budget includes appropriations in the Park Impact Fund for the Ontario Grand Park Phase 1 Project. The recommended Amendment to the Professional Services Agreement with Transtech Engineers, Inc. is in the amount of $2,678,970 for a
total not-to-exceed contract amount of $9,393,809
. The total contract amount of
$9,393,809
includes on-call work performed for various citywide projects over multiple years.
BACKGROUND & ANALYSIS:
On December 21, 2021, the City Council approved the conceptual “Grand Park” master plan and the preliminary park design for Phase 1. Phase 1 builds upon the 882
framework established in the conceptual park master plan and is comprised of approximately 130 acres of land and occurs within the eastern portion of Ontario Ranch. This phase is bordered by Grand Park Street to the north, Eucalyptus Avenue to the south, Haven Avenue on the east, and Archibald Avenue on the west. This portion of the park contains meadows, trails, and a field for recreational use that also serves as a stormwater capture system. Core park amenities that are part of this phase include a Market Alley where farmers markets, food trucks and community events can be organized, a community barn and farm hub, a kid’s corral (a children’s playground), a 5,000- capacity amphitheater along the central plaza, and parking lots with a total of 1,095 parking spaces for park patrons.
As required by the California Environmental Quality Act (CEQA) and California Department of Fish and Wildlife and the project's Mitigation Monitoring and Reporting Program, City of Ontario's on-call construction management firm, Transtech Engineers, Inc. will provide environmental compliance services including development of a Worker Environmental Awareness Program and training materials, pre-construction biological surveys for sensitive species, biological, archaeological, and paleontological monitoring during construction. Transtech Engineers, Inc.'s efforts will ensure protection of biological/cultural resources and compliance with applicable environmental regulations, including monitoring documentation and survey reports submitted to the City throughout construction. Transtech Engineers, Inc. have been the construction manager for all previous phases of the construction of Grand Park. With Amendment No. 14, Transtech Engineers, Inc., will continue to provide construction management services for the duration of the construction of Grand Park, anticipated to be operational by Winter of 2027. 883
46700.00100\33287662.1
AMENDM
ENT NO. 14 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
TRANSTECH ENGINEERS, INC.
1. Part
ies and Date.
This
Amendment No. 14 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Transtech Engineers , Inc. , a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recit
als.
2.1 Agreement. Th e C ity and Consultant have entered into an agreement entitled “Professional Services Agreement” dated September 17, 2019 (“Agreement”).
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to provide biological, archaeological, and paleontological support services for the Grand Park Phase 1 project, extend the term of the agreement to June 30, 2028 and add compensation in the amount of $2,678,970 for a new not to exceed agreement amount of Nine Million Three Hundred Ninety- Three Thousand and Eight Hundred Nine Dollars ($9,393,809). The Parties have heretofore entered into that Amendment No. 1 dated May 29, 2020, Amendment No. 2 dated November 24, 2020, Amendment No. 3 dated October 15, 2021, Amendment No. 4 dated February 15, 2022, Amendment No. 5 dated February 15, 2022, Amendment No. 6 dated August 29, 2022, Amendment No. 7 dated September 14, 2022, Amendment No. 8 dated February 21, 2023, Amendment No. 9 dated June 13, 2023, Amendment No. 9a dated April 4, 2023, Amendment No. 10 dated April 4, 2023, Amendment No. 11 dated July 15, 2025, Amendment No. 12 dated October 30, 2025 and Amendment No. 13 dated June 16, 2026.
2.3 Amendment Authority. This Amendment No. 14 is authorized pursuant to Section 23 of the Agreement.
3. Terms
.
3.1 A
mendment. Sections 1, 2a and 5 of the Agreement is hereby amended in its entirety to read as follows:
PAUL S. LEON
MAYOR
ALAN D. W
APNER
MAYOR PRO TEM
JIM W
. BOWMAN
DEBRA PORADA
DAISY MACIAS
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAM
ES R. MILHISER
CITY TREASURER
SCOT
T OCHOA
CITY MANAGER
884
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