Agenda packet, first session — Ontario City Council, September 15, 2026 (part 1 of 4)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER 15, 2026
City Hall
303 East B Street, Ontario, CA 91764

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

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

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

Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time.

To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to
[email protected]
. The public comment
submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. To comment by phone, please call (909) 256-2441 during the meeting.

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

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

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

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

ACCOMMODATIONS

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

ORDER OF BUSINESS

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

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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

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

PLEDGE OF ALLEGIANCE
Mayor pro Tem Porada

INVOCATION
Rabbi Stephen Epstein, Temple Shalom of Ontario
PUBLIC COMMENTS 6:30 P.M.

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

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

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

1. APPROVAL OF MINUTES
ATTACHMENT:
20260818 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. A RESOLUTION AMENDING THE APPENDIX TO THE CITY OF ONTARIO CONFLICT OF

INTEREST CODE
ATTACHMENT:
20260915 Amending_Conflict_of_Interest_Code RESO_RM.docx ATTACHMENT:
20260915 Conflict of Interest Code 3 Exhibit A
on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

AGENDA REVIEW/ANNOUNCEMENTS

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

CONSENT CALENDAR

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

Minutes for the regular meetings of the City Council and Housing Authority of August 18, 2026, and approving same as on file in the Records Management Department.

Bills August 14, 2026 through August 27, 2026, and Payroll August 9, 2026 through August 22, 2026.

That the City Council adopt a Resolution amending the Appendix to the Conflict of Interest Code to update position classification titles and filing requirements for City employees.

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

AND ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.

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

4. AN AGREEMENT WITH THE CITY OF CHINO FOR MAINTENANCE AND OPERATION OF

JOINTLY OWNED TRAFFIC SIGNALS AND INTERSECTION SAFETY LIGHTING ATTACHMENT:

Ontario-Chino_TS_Maint_Agreement__Final.pdf

5. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2027-28 THROUGH 2031-32
ATTACHMENT:

Measure I Five-Year Analysis 2027-28 Through 2031-32_01_RESO_RM ATTACHMENT:

Exhibit_A_02_pdf.pdf

6. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR

THE MISSION AND MOUNTAIN DEMOLITION PROJECT
ATTACHMENT:

Ardurra Group, Inc. - Amendment No. 7.pdf

That the City Council authorize the City Manager, or his designee, to execute an Agreement with the City of Chino for Maintenance and Operation of Jointly Owned Traffic Signals and Intersection Safety Lighting and authorize the City Manager, or his designee, to execute any future amendments and related documents.

That the City Council take the following actions:

A
.

Adopt a Resolution approving the Fiscal Years 2027-28 through 2031-32 Measure I Five- Year Capital Projects Needs Analysis (CPNA) ; and
B
.

Authorize the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2027-28 THROUGH 2031-32.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to complete and execute Amendment No. 7 to the Design Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide construction documents for the Mission and Mountain Demolition Project located at 801, 803, and 805 S. Mountain Ave. in the amount of $26,762 for a total not-to exceed contract amount of $13,258,601; 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.

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

7. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC.

FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS EMPIRE PROJECT ATTACHMENT:

RJM - Amendment No. 5.pdf

8. A QUITCLAIM DEED AND A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20534, LOCATED AT

THE NORTHEAST CORNER OF NORTH LAUREL AVENUE AND WEST D STREET ATTACHMENT:
20260915 TM-20534_01 EXHIBIT A.pdf
ATTACHMENT:
20260915_TM-20534_02_RESO_RM
ATTACHMENT:
20260915 TM-20534_03 SIA.pdf

9. AN AMENDMENT TO THE COMMON USE AGREEMENT WITH THE SAN BERNARDINO

COUNTY FLOOD CONTROL DISTRICT
ATTACHMENT:

Exhibit A.pdf

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 5 to the Design Services Agreement with RJM Design Group, Inc., of San Juan Capistrano, California, for landscape architectural services for the Ontario Sports Empire Project in the amount of $271,225 for a total not-to-exceed contract amount of $3,918,475; and B
.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Quitclaim Deed to Laurel East LLC for fee title ownership transfer of a portion of a public alley between West D Street and West E Street; and
B
.

Adopt a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map No. 20534, located at the northeast corner of North Laurel Avenue and West D Street.

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

SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20534, LOCATED AT THE NORTHEAST CORNER OF NORTH LAUREL AVENUE AND WEST D STREET.

That the City Council authorize the City Manager, or his designee, to approve an amendment to the Common Use Agreement (on file with Records Management) between the City of Ontario and the San Bernardino County Flood Control District for the operation and maintenance of storm drain facilities extending from the Grove Basin to Edison Avenue; and authorize the City Manager, or his designee, to execute the agreement and any future amendments to the Agreement.

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

10. AN IMPLEMENTATION AGREEMENT FOR THE NPDES PERMIT WITH SAN BERNARDINO

COUNTY FLOOD CONTROL DISTRICT AND OTHER CO-PERMITTEES
ATTACHMENT:

MS4 Implmentation Agreement 2026.pdf

11. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES WITH POPULOUS, INC. FOR THE ONTARIO PROFESSIONAL

BASEBALL STADIUM AND PARKING STRUCTURE PROJECT
ATTACHMENT:

Populous, Inc. - Amendment 3.pdf

12. AMERICORPS STATE CONTINUATION GRANT FOR 2026-27

That the City Council authorize the City Manager or his designee to execute the new National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement between the City of Ontario, the San Bernardino County Flood Control District, and all 16 co-permittee agencies; and authorize the City Manager, or his designee, to execute said agreement and all future amendments up to the City Council authorized budget amount.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 3 to the Design Services Agreement with Populous, Inc., of Los Angeles, California, to provide additional design and engineering services for the Ontario Professional Baseball Stadium Project in the amount of $33,795 for a total not-to-exceed contract amount of $13,848,605, and extend the Agreement to May 1, 2027; and
B
.

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

That the City Council authorize the City Manager, or his designee, to execute grant documents and accept a $368,000 AmeriCorps Continuation Grant for the October 2026 through September 2027 program year to support the Ontario Promise Corps Program.

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

13. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH K.C. RESTORATION CO., INC.

FOR THE EMMONS BUILDING (GRANADA THEATER) HISTORIC REHABILITATION PROJECT ATTACHMENT:

Granada Theater - PCO No. 7.pdf
ATTACHMENT:

2. K.C. Restoration Co. Inc. - CO No. 2.pdf

14. AMENDMENTS TO THE DESIGN SERVICES AGREEMENTS WITH ARDURRA GROUP, INC., AND FEHR & PEERS, INC., AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH HARRIS & ASSOCIATES, INC., AND MOOTE COMPANIES, LLC., AND A DESIGN SERVICES AGREEMENT WITH WESTLAND GROUP, INC., FOR THE ONTARIO RANCH ROAD AND GROVE

AVENUE CORRIDOR IMPROVEMENT PROJECT AND A RESOLUTION MAKING A

DECLARATION OF INTENT TO ISSUE TAX-EXEMPT OBLIGATIONS

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Change Order No. 2 to Construction Contract No. D&C25-003 with K.C. Restoration CO., Inc., of Gardena, California, for the Emmons Building (Granada Theater) Historic Rehabilitation Project Phase 1 in the amount of $17,667, utilizing $9,332 in available project contingency and increasing the contract amount by $8,335, for a total not-to-exceed contract amount of $1,312,825; and
B
.

That the City Council take the following actions:

A
.

Authorize the City Manager, or designee, to execute Amendment No. 6 to the Design Services Agreement with Ardurra Group, Inc. (Ardurra), of Newport Beach, California, to provide on-call design services for the Ontario Ranch Road and Grove Avenue Corridor Improvement Project in the amount of $7,455,068 for a new total revised not-to-exceed amount of $13,231,839, and a term of June 4, 2024 to June 4, 2029.

B
.

Authorize the City Manager, or designee, to execute Amendment No. 2 to the Design Services Agreement with Fehr & Peers, Inc. (Fehr & Peers), of Irvine, California, to provide on-call transportation planning and traffic engineering design services for the Ontario Ranch Road and Grove Avenue Corridor Improvement Project in the amount of $22,000 for a new total revised not-to-exceed amount of $686,211, and a term of April 2, 2024 to April 2, 2027.

C
.

Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Harris & Associates, Inc. (Harris and Associates), of Concord, California, to provide professional engineering plan check services for the Ontario Ranch Road and Grove Avenue Corridor Improvement Project in the amount of $2,394,972 for a new total revised not-to-exceed amount of $5,394,972, and a term of July 1, 2025 to June 30, 2028.

D
.

Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Moote Companies, LLC. (Moote), of Irvine, California, to provide on-call project management services for the Ontario Ranch Road CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ATTACHMENT:

Exhibit A.pdf
ATTACHMENT:
20260915 Ardurra DSA Amendment No. 6_01 AGMT.pdf
ATTACHMENT:
20260915 Fehr and Peers DSA Amendment No. 2 01 AGMT.pdf ATTACHMENT:
20260915 Harris and Associates PSA Amendment No. 1 01 AGMT.pdf ATTACHMENT:
20260915 Moote PSA Amendment No. 1 01 AGMT.pdf
ATTACHMENT:
20260915 DSA with Westland 02 AGMT.pdf
ATTACHMENT:

ORR_Bond_Resolution_RM

15. AN ORDINANCE AMENDING CHAPTER 8A OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE

RELATED TO THE WATER CONSERVATION PLAN
ATTACHMENT:

AMENDING CHAPTER 8A OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE_ORD_RM
ATTACHMENT:
20260915 Exhibit A Ch 8 Final.docx
and Grove Avenue Corridor Improvement Project in the amount of $10,359,875 for a new total revised not-to-exceed amount of $10,459,875, and a term of April 4, 2023 to March 31, 2028.

E
.

Authorize the City Manager, or designee, to execute a Design Services Agreement with Westland Group, Inc. (Westland), of Rancho Cucamonga, California, to provide design services for the Ontario Ranch Road and Grove Avenue Corridor Improvement Project for a total not-to-exceed amount of $7,540,552, and a term of September 15, 2026 to August 31, 2031.

F
.

Authorize the City Manager, or designee, to execute all documents required for the completion of the project which may include, but are not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and submitting required documents with appropriate agencies.

G
.

Consider and adopt a Resolution making a declaration of intent to issue tax-exempt obligations.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REGARDING ITS

INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS INCLUDING PROJECTS AS PART OF THE CAPITAL IMPROVEMENT PROGRAM (CIP) OF THE CITY OF ONTARIO FOR FISCAL YEAR 2025- 2026 THROUGH FISCAL YEAR 2029-2030, INCLUDING, BUT NOT LIMITED TO ONTARIO RANCH WEST INFRASTRUCTURE.

T
hat the City Council adopt an Ordinance amending Chapter 8A of Title 6 of the Ontario Municipal Code related to the Water Conservation Plan.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 8A, OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE CITY'S WATER CONSERVATION PLAN.

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

16. A REIMBURSEMENT AGREEMENT FOR CERTAIN IMPROVEMENTS BETWEEN THE CITY OF

ONTARIO AND OTC LOT B OWNER LLC
ATTACHMENT:

Ontario-LID Reimbursement Agreement RESO_RM

17. A PUBLIC HEARING TO CONSIDER ADOPTION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2025-26 ATTACHMENT:

FY 25-26 Consolidated Annual Performance and Evaluation Report

That the City Council adopt a Resolution authorizing the City Manager or Designee to negotiate and finalize remaining details for implementation of a Reimbursement Agreement (on file with Records Management) between the City of Ontario and OTC Lot B Owner, LLC. , and authorize the City Manager to execute the Agreement and all other documents required for implementation of the Agreement.

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

REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC LOT B OWNER LLC

FOR COSTS ASSOCIATED WITH THE CONSTRUCTION OF TOYOTA ARENA AND LOT B STORMWATER AND LOW IMPACT DEVELOPMENT IMPROVEMENTS.

PUBLIC HEARINGS

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

That the City Council take the following actions:

A
.

Conduct a public hearing and receive public comments on the draft Fiscal Year 2025-26 Consolidated Annual Performance and Evaluation Report (CAPER); B
.

Authorize Staff to submit the final Fiscal Year 2025-26 CAPER to the U.S. Department of Housing and Urban Development (HUD); and
C
.

Authorize the City Manager, or his designee, to execute all documents necessary to submit the CAPER.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

18. AUTHORIZE THE AGREEMENT FOR GROUND AMBULANCE SERVICES WITH CONSOLIDATED

FIRE AGENCIES (CONFIRE) AND CITY OF ONTARIO
ATTACHMENT:

Exhibit A - CONFIRE County Ground Ambulance Service Agreement ATTACHMENT:

Letter of Intent CONFIRE EMS Division City of Ontario

That the City Council authorize the City Manager, or his designee, to execute all documents related to the Agreement (on file with Records Management) between the Consolidated Fire Agencies (CONFIRE); and authorize the City Manager or his designee to negotiate all terms necessary to finalize the Agreement for implementation of ground ambulance transport services effective October 1, 2026.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

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

ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
AUGUST 18, 2026
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Counci l and Housing Authority were held on Tuesday, August 18, 2026, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

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

ROLL CALL

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

ABSENT: Council/Authority Members: None

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

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Porada.

INVOCATION

The invocation was led by Pastor Robert Rocha Jr. from Voz Church.

PUBLIC COMMENT

Assistant City Clerk Isbell announced written comments:

Sterling Cerda, regarding residential parking concerns.

Brad Neumann, regarding freedom of speech.

Mayor Leon called on the speakers:

Laurie Remington, announced a community event.

Tina Silva, gave a land acknowledgement and commented on Immigration and Customs Enforcement concerns.

Matt Munson, in opposition of general tax increase.

Dale Roberts, commented on his interactions with the Police Department.

Mel Adkins and Sheryl Stephenson, regarding Ranch Ontario Mobile Park concerns.

Donna Littleton Phares, asked about plans for Jay Littleton Ballpark. 11 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 18, 2026

Page 2 of 8 ends

Jesse Fonseca, spoke on issues at the airport.

Kizzee, requested batting cages for Little League.

Ashley Ayala, introduced herself as Assemblymember Michelle Rodriguez’s representative.

Celina Lopez, regarding trust in government.

Abijah, requested batting cages for Little League.

Chris Robles, spoke in opposition of prop 70 land being used for Grand Park.

Randy Bekendam, spoke on agricultural preservation.

Pastor Ted Burnett, regarding the need for community center in his neighborhood.

Brad Neumann, spoke on first amendment rights.

Eric Vazquez, spoke on serving youth and partnering with the community.

Tommy Mushegain, spoke on various topics.

Olga Sanchez, spoke on housing concerns.

Marty McBride, spoke on the City budget.

Consuelo Gutierrez, spoke on City Council concerns.

Joaquin Castillejas, spoke on Prop 70 land.

Claudia Cuevas, spoke on Prop 70 land and the need for green spaces.

Tayelor Moscal, spoke on parking concerns.

Sterling Serna, spoke on parking concerns.

Luz Hernandez, spoke on Prop 70 land.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa announced a Resolution was added to Item No. 15, as some City Council Appointments required appointment to be made by Resolution.

Mayor Leon brought Item No. 15 forward for discussion.

15. CITY COUNCIL APPOINTMENTS

The City Council approved the City Council appointments list as presented.

RESOLUTION NO. 2026-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, DESIGNATING CITY COUNCIL APPOINTEES TO BOARDS, AUTHORITIES, AND LIAISON POSITIONS.

Mayor Leon called on the speakers:

Jesse Fonseca, spoke in favor.

Chris Robles, spoke in favor.

Brad Neuman, spoke in favor..

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada and carried by a vote of 4-1 with Mayor pro Tem Wapner opposed, to adopt Resolution No. 2026-140, with an amendment adding the Mayor pro Tem position to the Resolution.

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Regular Meeting Minutes – August 18, 2026

Page 3 of 8 ends

CONSENT CALENDAR

Public Comment:

Chris Robles, was in opposition to Item Nos. 9, 10, 12, and 13.

Tommy Mushegain, was in opposition to Item No. 9.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a vote of 5-0, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES

Minutes for the special meetings of the City Council and Housing Authority of June 23, 2026, regular meetings of the City Council and Housing Authority of July 7, 2026 and July 21, 2026, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Bills July 3, 2026 through August 6, 2026, in the amount of $160,764,943.41 and Payroll June 14, 2026 through July 25, 2026, in the amount of $19,423,200.64.

3. AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH THE CITY OF

RANCHO CUCAMONGA FOR THE PAVEMENT RESURFACING OF VINEYARD

AVENUE AT THE EIGHTH STREET INTERSECTION PROJECT

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 1 to the Reimbursement Agreement with the City of Rancho Cucamonga for the Pavement Resurfacing of Vineyard Avenue and Eighth Street Intersection Project in the amount of $187,634 plus a ten percent (10%) engineering fee of $18,764, and a survey cost of $5,240 for a total of $211,638, and authorize the City Manager, or his designee, to execute future amendments within the authorization limits.

4. A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC.,

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

The City Council authorized the City Manager, or designee, to execute a three -year Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide construction management and inspection services for a contract amount of $800,000 per year for a total not-to-exceed contract amount of $2,400,000.

5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 199 70 GENERALLY

LOCATED ON CYPRESS AVENUE BETWEEN FRANCIS STREET AND CEDAR STREET

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Regular Meeting Minutes – August 18, 2026

Page 4 of 8 ends

The City Council adopt ed a Resolution approving an Improvement Agreement, Improvement Security, and Final Parcel Map No. 19970, generally located on Cypress Avenue between Francis Street and Cedar Street.

RESOLUTION NO. 2026 -138 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONT ARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 19970

GENERALLY LOCATED ON CYPRESS AVENUE BETWEEN FRANCIS STREET AND CEDAR STREET.

6. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA

CITIES ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING

The City Council designate d Mayor pro Tem Debra Porada as the City's voting delegate and Council Member Daisy Macias as the alternate voting delegate for the League of California Cities Annual Conference General Assembly, scheduled for September 23–25, 2026.

7. AN AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH ENVISIO SOLUTIONS, INC. FOR PERFORMANCE MANAGEMENT AND STRATEGIC

PLANNING SOFTWARE SERVICES

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 5 to the Master Services Agreement with Envisio Solutions, Inc. for continued performance management and strategic planning software services through the Polco Track add -on module in the amount of $36,000, over a 3 -year term, increasing the not-to-exceed amount to $342,025.

8. A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA26-002 REVISING AND

CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE PURSUANT TO AN EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

The City Council adopt ed an Ordinance approving File No. PDCA26 -002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions),

5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code. Introduction and first reading took place at the regular meeting of July 21, 2026.

ORDINANCE NO. 3339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA26 -002, A

DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISION S), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8.0 (SIGN

REGULATIONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE PURSUANT 14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 18, 2026

Page 5 of 8 ends

TO AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF.

9. AWARD OF 20 CONSTRUCTION CONTRACTS FOR THE CONSTRUCTION OF

THE FLIGHT TOWER RESTAURANT AT ONT FIELD

The City Council took the following actions:

A. Authorized 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 authorized 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 C eiling & 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. Rejected the bid protest from Continental Plumbing, Inc for D&C25-004 – Flight Tower Restaurant – BC21 – Plumbing as without merit; and C. Rejected 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. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, 15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 18, 2026

Page 6 of 8 ends

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.

10. 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

The City Council took the following actions:

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

11. AN AMENDMENT TO THE AGREEMENT TO RENEW THE SUBSCRIPTION FOR THE AIRHUB PREMIUM PLAN WITH AIRSPACE LINK, INC.

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 4 to the current Agreement with Airspace Link, Inc., of Detroit, Michigan, for the Airhub Premium Subscription Renewal in the amount not-to-exceed $576,000.

12. A CHANGE ORDER TO A CONSTRUCTION CONTRACT WITH NORSTAR PLUMBING & ENGINEERING, INC., AND AMENDMENTS TO THE
PROFESSIONAL SERVICES AGREEMENTS WITH ARDURRA GROUP, INC., NINYO & MOORE, INC., AND Z&K CONSULTANTS, INC., FOR THE DOWNTOWN

WATER MAIN IMPROVEMENTS PROJECT

The City Council took the following actions:

A. Authorized the City Manager, or designee, to approve Change Order No. 1 to the Construction Contract for UT1066 for the Downtown Water Main Improvements Project along “H” Street with Norstar Plumbing & Engineering, Inc., of Alta Loma, California, in the amount of $2 ,142,092 plus a 15% contingency of $321,314 for a revised total not -to-exceed amount of $11,357,981, a term of 287 days after issuance of notice to proceed.

B. Authorized the City Manager, or designee, to execute Amendment No. 1 to the Professional Services A greement with Ardurra Group, Inc., of Newport Beach, California, for construction engineering services in the amount of 16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 18, 2026

Page 7 of 8 ends

$55,442 for a revised new total not-to-exceed amount of $234,921 and a term from August 19, 2025 to August 19, 2027.

C. Authorized the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Ninyo & Moore, Inc., of San Diego, California, for geotechnical and material testing services in the amount of $62,560 for a revised new total not-to-exceed amount of $503,696 and a term from May 2, 2023 to May 2, 2028.

D. Authorized the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Z&K Consultants, Inc., of Riverside, California, for construction management and inspection services in the amount of $169,650 for a revised new total no t-to-exceed amount of $1,198,292 and a term from June 4, 2024 to May 31, 2029.

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AVANT GARDE, I NC. FOR CONSULTING AND PROJECT MANAGEMENT

SERVICES

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 1 to the Pr ofessional Services Agreement with Avant Garde, Inc., for consulting and project management services, increasing the contract amount by $460,000, for a revised total not-to-exceed amount of $560,000.

PUBLIC HEARINGS

14. A PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE SUBMISSION

OF A PROHOUSING DESIGNATION APPLICATION TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

The City Council adopted a Resolution authorizing the submission of a Prohousing Designation application to the California Department of Housing and Community Development (HCD).

RESOLUTION NO. 2026 -139 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHOR IZING THE SUBMISSION OF A

PROHOUSING DESIGNATION APPLICATION TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

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

Nicolo Lalama, spoke in favor.

Mayor Leon inquired whether any other person present wished to speak to the item.

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

17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 18, 2026

Page 8 of 8 ends

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman, carried by a vote of 5-0, to adopt Resolution No. 2026-139.

STAFF MATTERS

City Manager Ochoa invited residents with questions regarding Grand Park to meet with him individually to discuss and clarify the project’s plans and scope.

COUNCIL MATTERS

Council Member Macias made no comments.

Council Member Bowman commented on Grand Park.

Mayor pro Tem Porada announced the upcoming Cruisin’ Reunion event.

Council Member Wapner made no comments.

Mayor Leon expressed satisfaction with the City continuously operating within the budget.

Council Member Macias stepped out of the chamber at 8:16 p.m.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 8:17 p.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
18 Department: Management Services
Prepared By: Claudia Y Isbell
Staff Member Presenting: Claudia Y. Isbell,
Assistant City Clerk
Approved By:

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

A RESOLUTION AMENDING THE APPENDIX TO THE CITY OF ONTARIO CONFLICT

OF INTEREST CODE

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution amending the Appendix to the Conﬂict of Interest Code to update position classiﬁcation titles and ﬁling requirements for City employees.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The proposed action has no direct fiscal impact.

BACKGROUND & ANALYSIS:

The City of Ontario originally adopted the Conﬂict of Interest Code in 1976, in compliance with Government Code Section 87000 et seq., with the last update occurring on September 17, 2024. The Political Reform Act requires every local government agency to review its conﬂict of interest code biennially to determine whether amendments or modiﬁcations are needed.

The Appendix to the City’s Conﬂict of Interest Code designates those employees, oﬃcers and consultants who make or participate in the making of decisions which may aﬀect the City’s ﬁnancial interests and therefore must disclose those interests in ﬁnancial disclosure statements. These oﬃcials and employees must also disqualify themselves from making or participating in the making of governmental decisions affecting those interests.

Staﬀ has reviewed the City’s Conﬂict of Interest Code and is recommending that the Appendix of the Code be amended to reﬂect any new or changed position classiﬁcation titles since the last update, as well as update the respective ﬁling categories. No other amendments to the Code are recommended at this time. A list of the proposed changes is attached and a full revised copy of the Appendix has been prepared and is available in the Records Management Department.

Designated Employee’ Titles Added:

Assistant General Manager – Administration and Customer Service Assistant General Manager – Utilities, Engineering and Operations 19 Assistant Human Resources Director Risk Management Director Assistant Information Technology Director
Assistant Risk Management Program Administrator
Broadband Analyst
Buyer
Chief Investment Officer
Construction Project Manager
Customer Services Supervisor
Deputy City Clerk/Records Manager
Deputy Director Innovation Performance and Audit
Deputy Finance Director
Economic Development Analyst
Emergency Medical Services Director
Executive Director Communications and Community Relations Executive Director Community Development
Executive Director Human Resources Risk Management
Facilities Maintenance Superintendent
Finance Manager
Fire Communications Manager
Fire Marshal
Fleet Services Superintendent
Fleet Services Supervisor
Government Affairs Manager
Innovation Performance and Audit Director
Integrated Waste Manager
Integrated Waste Superintendent
20 Integrated Waste Supervisor
Management Analyst (Confidential)
Museum, Arts & Culture Director
Parking Administrator
Parks and Streets Maintenance Director
Parks and Streets Maintenance Manager
Payroll Supervisor
Permit Services Supervisor
Principal Broadband Analyst
Public Works Assistant Director
Risk Manager
Senior Economic Development Coordinator
Senior Internal Auditor
Senior Public Safety Business Analyst
Systems Analyst
Utilities Director
Utilities Engineering Manager
Utilities Operations Assistant Manager
Utilities Operations Manager
Warehouse Supervisor
Wastewater Compliance Manager
Water Quality and Production Control Manager
Water Quality Programs Manager
Worker’s Compensation and Safety Supervisor
Designated Employees’ Titles to be removed:

Assistant Director Municipal Services
21 Assistant Human Resources Director
Assistant Parks and Maintenance Director
Broadband Operations Director
Building Manager
Building Plans Specialist
Chief Innovation Officer
Communications & Community Relations Director
Community Development Assistant Director
Community Improvement Manager
Database Administrator
Deputy General Manager
Economic Development Manager
Economic Development Specialist
EMS Nurse Administrator
Environmental Water/Wastewater Engineer
Executive Director Development
Executive Director Housing & Neighborhood Preservation
Executive Director Human Resources
Fire Prevention Inspector
Fiscal Services Director
General Services Director
Housing Director
Human Resources Analyst
Information Technology Applications Director
Information Technology Applications Manager
Museum Director
22 Neighborhood Improvement Specialist
Parks and Maintenance Director
Parks and Maintenance Manager
Payroll Analyst
Payroll Manager
Police Administrative Manager
Principal Risk Management/Benefits Agency Partner
Public Facilities Maintenance Manager
Public Services Project Manager
Purchasing Manager
Purchasing Team Leader
Recreation/Community Services Supervisor
Revenue Services Specialist
Revenue Services Supervisor
Risk/Safety Manager
Senior Community Information Specialist
Senior Deputy Fire Chief
Senior Human Resources Analyst
Senior Neighborhood Improvement Specialist
Senior Telecommunications Analyst
Sustainability Program Manager
Urban Forest Manager
Utilities Administrative Services and Integrated Waste Director Utilities Assistant General Manager
Utilities Operations Assistant Division Manager
Utilities Operations Division Manager
23 Utilities Project Manager
Water/Sewer Maintenance Manager
24 RESOLUTION NO. _______

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

CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX

OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974.

WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Ontario (the "City") and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and

WHEREAS, the City Council adopted a Conflict of Inte rest Code which was last amended on September 17, 202 4, by Resolution No. 2024-163, in compliance wit h Government Code Section 81000 et seq.; and

WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrai ned or prevented from acting in cases where the provisions of the Act may have been violated; and

WHEREAS, a public meeting was held upon the proposed amended Appendix of the Conflict of Interest Code at a regular meeting of the City Council on September 15, 2026, at which all present were given an opportunity to be heard on the proposed amended Appendix.

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

SECTION 1. The City Council does hereby adopt the pr oposed amended Appendix of the Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the Records Management Department along with the Conflict of Interest Code and available to the public for inspection and copying.

SECTION 2. That said amended Appendix of the Conflict of Interest Code shall become effective 30 days after adoption and approval.

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

25 PASSED, APPROVED, AND ADOPTED this 15th day of September 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

26 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held September 15, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held September 15, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

27 Resolution No. 2026-

EXHIBIT A

CONFLICT OF INTEREST CODE
OF THE

CITY OF ONTARIO

Appendix Amended September 15, 2026 – Resolution No. 2026-XXX Appendix Amended September 17, 2024 – Resolution No. 2024-163 Appendix Amended September 20, 2022 – Resolution No. 2022-141 Appendix Amended September 15, 2020 – Resolution No. 2020-152 Appendix Amended September 18, 2018 – Resolution No. 2018-128 Appendix Amended October 4, 2016 – Resolution No. 2016-097 Appendix Amended October 21, 2014 – Resolution No. 2014-101 Appendix Amended September 4, 2012 – Resolution No. 2012-071 Appendix Amended December 7, 2010 – Resolution No. 2010-098 Appendix Amended November 18, 2008 – Resolution No. 2008-115 Appendix Amended November 21, 2006 – Resolution No. 2006-113 Appendix Amended January 18, 2005 – Resolution No. 2005-006 Appendix Amended December 17, 2002 – Resolution No. 2002-124 Appendix Amended February 19, 2002 – Resolution No. 2002-027 Adopted July 20, 1999 – Resolution 99-102
28 Resolution No. 2026-XXX

APPENDIX

CONFLICT OF INTEREST CODE

OF THE

CITY OF ONTARIO

Amended September 15, 2026

EXHIBIT “A”

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act (Government Code Section 87200 et sec.). [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS

It has been determined that the positions listed below are Other City Officials who manage public investments. These positions are listed here for information purposes only.

Executive Director of Finance

Chief Investment Officer

Deputy Finance Director

Financial Consultant

Individuals holding one of the above - listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by §87200.

29 Resolution No. 2026-XXX

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

Accounting Supervisor 4

Administrative Officer 6

Administrative Officer (Confidential) 6

Administrative Specialist 6

Administrative Specialist (Confidential) 6

Assistant City Clerk/Records Management Director 6

Assistant City Engineer 2, 3, 6, 7

Assistant City Manager 1, 2

Assistant Engineer 2, 3, 6, 7

Assistant Finance Director 2, 3, 6, 7

Assistant General Manager – Administration and Customer Service 6, 7

Assistant General Manager – Utilities, Engineering and Operations 2, 3, 6, 7

Assistant Human Resources Risk Management Director 2, 3, 6, 7

Assistant Information Technology Director 1, 2

Assistant Planner 2, 3, 6, 7

Assistant Planning Director 2, 3, 6, 7

Assistant Risk Management Program Administrator 6

Associate Civil Engineer 2, 3, 6, 7

Associate Engineer 2, 3, 6, 7

Associate Landscape Planner 2, 3, 6, 7

Associate Planner 2, 3, 6, 7
30 Resolution No. 2026-XXX

Broadband Analyst 6

Broadband General Manager 2, 3, 6, 7

Broadband Operations Manager 6, 7

Building Official 2, 3, 6, 7

Building Plans Examiner 7

Business License Supervisor 6

Buyer 6

Chief Deputy 2, 3, 6, 7

Chief Human Resources Investigator 1, 2

City Auditor 2, 3, 6, 7

City Clerk 1, 2

City Engineer 2, 3, 6, 7

Combination Building Inspector 6, 7

Communications and Community Relations Manager 6, 7

Community Improvement Director 2, 3 ,6, 7

Community Information Supervisor 6

Community Improvement Officer 6

Community Improvement Supervisor 6

Community Life and Culture Officer 6

Construction Project Manager 2, 3, 6

Cross-Connection Control Supervisor 6, 7

Custodial Services Supervisor 6

Customer Services Supervisor 6

Departmental Administrator 1, 2
31 Resolution No. 2026-XXX

Deputy City Clerk/Records Manager 6

Deputy City Manager 1, 2

Deputy Director Innovation Performance and Audit 2, 3, 4, 6, 7

Deputy Fire Chief 2, 6, 7

Deputy Fire Marshal 2, 6, 7

Deputy Police Chief 2, 6, 7

Design and Construction Director 2, 3, 6, 7

Economic Development Analyst 1, 3

Economic Development Coordinator 2 1, 3

Emergency Manager 5

Emergency Medical Services Director 6, 7

Engineering Assistant 6

Engineering Assistant - GIS 6

Environmental Programs Manager 5, 7

Executive Director Communications and Community Relations 1, 2

Executive Director Community Development 1, 2

Executive Director Community Life and Culture 1, 2

Executive Director Economic Development 1, 2

Executive Director Human Resources Risk Management 2, 3, 6, 7

Executive Director Information Technology 1, 2

Executive Director Public Works 1, 2

Facilities Maintenance Superintendent 6

Facilities Maintenance Supervisor 6

Financial Analyst 5
32 Resolution No. 2026-XXX

Finance Manager 4

Fire Administrative Director 2, 3, 6, 7

Fire Battalion Chief 6, 7

Fire Chief 2, 6, 7

Fire Communications Manager 6

Fire Investigation Supervisor 6

Fire Marshal 2, 6, 7

Fire Protection Analyst 2, 3

Fire Safety Specialist 6

Fleet Services Manager 6

Fleet Services Superintendent 5, 6, 7

Fleet Services Supervisor 5, 6, 7

Forensic Manager 6

Government Affairs Manager 3

Housing Manager 6

Housing Services Director 2, 3, 6

Information Security Officer 6

Information Technology Manager 7

Information Technology Operations Director 6

Information Technology Systems Director 6

Innovation Performance and Audit Director 2, 3, 4, 6, 7

Integrated Waste Director 2, 6, 7

Integrated Waste Manager 6, 7

Integrated Waste Superintendent 6, 7
33 Resolution No. 2026-XXX

Integrated Waste Supervisor 6, 7

Internal Audit Manager 1

Internal Auditor 1

Landscape Planner 2, 3, 7

Legislative Analyst 6 3

Library Director 6

Management Analyst 6

Management Analyst (Confidential) 6

Municipal Services Director 6

Municipal Services Manager 6

Museum, Arts & Culture Director 6

Museum, Arts & Culture Manager 5, 6

Parking Administrator 6

Parks and Maintenance Superintendent 6, 7

Parks and Maintenance Supervisor 6

Parks and Streets Maintenance Director 2, 3, 6, 7

Parks and Streets Maintenance Manager 6, 7

Payroll Supervisor 6

Performance & Optimization Analyst 6

Performance & Optimization Manager 6, 7

Permit Services Supervisor 1, 3, 7

Plan Check Engineer 2, 7

Planning Director 2, 3, 6, 7

Police Administrative Director 6
34 Resolution No. 2026-XXX

Police Captain 6, 7

Police Chief 2, 6, 7

Police Lieutenant 6, 7

Principal Broadband Analyst 2, 3, 6

Principal Engineer 2, 3, 6, 7

Principal Human Resources Agency Partner 6, 7

Principal IT Analyst 2, 3

Principal Planner 2, 3, 6, 7

Principal Project Manager 6, 7

Project Coordinator 2, 3, 6

Project Manager 2, 3, 6

Public Works Assistant Director 5, 6

Public Works Inspector 6, 7

Purchasing Assistant 6

Real Estate Administrative Director 2, 3, 6, 7

Real Estate Development Assistant Director 2, 3, 6, 7

Recreation/Community Services Director 2, 3, 6, 7

Recreation/Community Services Manager 6, 7

Risk Manager 6, 7

Risk Management Program Administrator 6

Senior Associate Civil Engineer 2, 3, 6, 7

Senior Associate Engineer 2, 3, 6, 7

Senior Combination Building Inspector 6, 7

Senior Community Improvement Officer 6
35 Resolution No. 2026-XXX

Senior Economic Development Coordinator 1, 2, 3

Senior Environmental Technician 6

Senior Financial Analyst 5

Senior Financial Analyst – Confidential 5

Senior Fire Safety Specialist 6

Senior Information Technology Analyst 6

Senior Information Technology Specialist 6

Senior Internal Auditor 2, 3, 4, 6, 7

Senior Landscape Architect 6

Senior Landscape Planner 6

Senior Legislative Analyst 6

Senior Management Analyst 6

Senior Management Analyst – Confidential 6

Senior Network Engineer 2, 7

Senior Plan Check Engineer 2, 7

Senior Performance Optimization Analyst 2, 7

Senior Planner 2, 3, 6, 7

Senior Project Coordinator 2, 3, 6

Senior Project Manager 2, 3, 6

Senior Public Business Analyst 6, 7

Senior Public Safety Business Analyst 6

Senior Public Works Inspector 6, 7

Senior Recreation/Community Services Supervisor 6

Senior Systems Analyst 6
36 Resolution No. 2026-XXX

Street Maintenance Supervisor 6

Supervising Building Inspector 6, 7

Supervising Public Works Inspector 6, 7

Survey Party Chief 6, 7

Systems Analyst 6

Traffic/Transportation Manager 2, 3, 6, 7

Utilities Customer Services Director 2, 3, 6, 7

Utilities Director 2, 3, 6, 7

Utilities Engineering Manager 6, 7

Utilities General Manager 1, 2

Utilities Operations Director 2, 3, 6 ,7

Utilities Operations Assistant Manager 2, 3, 6, 7

Utilities Operations Manager 6, 7

Utilities Supervisor 6

Warehouse Supervisor 5, 6, 7

Wastewater Compliance Manager 6

Water Production Manager 6, 7

Water Quality and Production Control Manager 6, 7

Water Quality Programs Manager 6, 7

Water Quality Specialist 6, 7

Water Resources Manager 6, 7

Worker’s Compensation and Safety Supervisor 6, 7

37 Resolution No. 2026-XXX

BOARDS, COMMISSIONS AND COMMITTEES

Library Board of Trustees 2, 3, 6

Museum Board Members 6

Recreation and Parks Commission Members 2, 3, 6

Public Art Program Advisory Commission 6

CONSULTANTS

Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

38 Resolution No. 2026-XXX

EXHIBIT “B”

DISCLOSURE CATEGORIES

The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property, which the Designated Employee must disclose for each disclosure category to which he or she is assigned.

Category 1: All investments and business positions in, and sources of income from, business entities that do business or own real property within jurisdiction of the City, plan to do business or own real property within the jurisdiction of the City within the next year, or have done business or owned real property within the jurisdiction of the City within the past two (2) years.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.

Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City, plan to engage in such activities within the jurisdiction of the City within the next year, or have engaged in such activities within the jurisdiction of the City within the past two (2) years.

Category 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions.

Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department.

Category 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department, will be subject to such authority within the next year, or have been subject to such authority within the past two (2) years. 39 Department: Public Works
Prepared By: Craig Cruz
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:

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

AN AGREEMENT WITH THE CITY OF CHINO FOR MAINTENANCE AND OPERATION

OF JOINTLY OWNED TRAFFIC SIGNALS AND INTERSECTION SAFETY LIGHTING

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute an Agreement with the City of Chino for Maintenance and Operation of Jointly Owned Traﬃc Signals and Intersection Safety Lighting and authorize the City Manager, or his designee, to execute any future amendments and related documents.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2026-27 Adopted Budget includes appropriations in the General Fund for the maintenance of shared traﬃc signals with the City of Chino. Maintenance costs will be billed quarterly based on the actual costs paid by each party and allocated in accordance with the cost distribution set forth in Exhibit A. Each party shall bill the other for its respective allocated share of such costs.

BACKGROUND & ANALYSIS:

The City of Ontario and the City of Chino entered into an agreement for Traﬃc Signal Maintenance on April 3, 2001, to cover the maintenance of all shared traﬃc signal systems within City limits.

A signiﬁcant number of traﬃc signals have been added since the last agreement was approved, requiring a new agreement that incorporates both Agencies' Euclid Avenue relinquishment and the installation of new traﬃc signals in the Ontario Ranch area. This Agreement shall supersede any previous Agreements and/or Amendments for sharing incurred costs with the City for the maintenance of shared traﬃc signal systems. Exhibit A of the attached agreement shows the maintenance cost distribution.
40 AGREEMENT FOR

MAINTENANCE AND OPERATION OF JOINTLY OWNED

TRAFFIC SIGNALS AND INTERSECTION SAFETY LIGHTING

1. Parties and Date.

This agreement is made and entered into on this ______ day of _____________, 202 6, by and between the City of Ontario (“Ontario") and the City of Chino (“Chino"). Ontario and Chino are sometimes individually referred to as “Party" and collectively as “Parties" in this Agreement. THIS AGREEMENT HAS BEEN UPDATED TO INCLUDE ADDITIONAL OPERATIONAL, FINANCIAL, RISK ‑MANAGEMENT, AND COORDINATION PROVISIONS AS SET FORTH BELOW.

2. Recitals

2.1. Certain traffic signals , safety lighting facilities , electrical services, and ITS facilities have been installed at designated intersections that are jointly owned by Parties (“Facilities"). These traffic signals, safety lighting facilities, electrical services, and ITS facilities are identified in Exhibit “A” attached hereto and incorporated herein by reference.

2.2. Parties desire to set forth the specific maintenance and operations functions to be performed by each Party with regards to the Facilities, and to specify the distribution of shared costs of said maintenance and operations functions between Parties. THE PARTIES ALSO DESIRE TO ESTABLISH

CLEAR WORKFLOWS, NOTIFICATION PROCEDURES, EMERGENCY RESPONSE EXPECTATIONS,

DOCUMENTATION REQUIREMENTS, AND FINANCIAL CONTROLS TO ENSURE CONSISTENT AND TRANSPARENT MANAGEMENT OF THE FACILITIES.

2.3. THE PARTIES FURTHER RECOGNIZE THAT THE FACILITIES CONSTITUTE CRITICAL PUBLIC

INFRASTRUCTURE AND THAT PROMPT COORDINATION, TIMELY RESPONSE, AND MUTUAL

COOPERATION ARE ESSENTIAL TO ENSURE PUBLIC SAFETY AND THE EFFICIENT OPERATION OF THE TRANSPORTATION NETWORK.

2.4. THE PARTIES ACKNOWLEDGE THAT INTELLIGENT TRANSPORTATION SYSTEMS (“ITS”) DEVICES

AND COMMUNICATIONS INFRASTRUCTURE MAY INVOLVE DATA, NETWORK SECURITY, AND

OPERATIONAL CONSIDERATIONS THAT REQUIRE ADDITIONAL CLARIFICATION OF RESPONSIBILITIES, ACCESS RIGHTS, AND COST ALLOCATION.

2.5. THE PARTIES INTEND THAT THIS AGREEMENT SUPERSEDE ALL PRIOR UNDERSTANDINGS AND

PROVIDE A COMPREHENSIVE FRAMEWORK FOR ROUTINE MAINTENANCE, EXTRAORDINARY

MAINTENANCE, ITS OPERATIONS, COST SHARING, RISK MANAGEMENT, AND INTER -AGENCY COORDINATION.

3. Definitions

3.1. “Routine Maintenance Work" shall mean performance of scheduled inspections and preventative maintenance, furnish electric energy, and performing necessary repairs and replacements as required to ensure satisfactory service. The installation of additional facilities is not a maintenance function under this agreement. ROUTINE MAINTENANCE WORK SHALL BE

PERFORMED IN ACCORDANCE WITH CA MUTCD, CALTRANS STANDARD PLANS AND SPECIFICATIONS, NEC REQUIREMENTS, AND INDUSTRY BEST PRACTICES. 41 3.2. “Extraordinary Maintenance Work" shall mean work to be performed under this Agreement including the failure or malfunction of the traffic signal system when it is mainly caused by “Acts of God," civil disorder, vehicle collision, vandalism, street work such as excavations, third parties, equipment obsolescence, and/or worn -out equipment replacement when it is upgraded or replaced in like kind. Extraordinary maintenance shall also include replacement of traffic signal poles, cabinets, conduit and pull-boxes; vehicle detection system including inductive loops, video detection, or other traffic signal detection technology; adjustment, replacement or repair of intersection safety lighting and photoelectric controls; replacement of traffic signal indications; testing, adjustment or replacement of emergency vehicle preemption detection equipment; and replacement of damaged or missing signal mounted street name signs. Upgrades, modifications, and changes to the normal operation and function of the traffic signal shall be mutually approved by both Parties prior to implementation. EXTRAORDINARY MAINTENANCE WORK SHALL ALSO

INCLUDE EMERGENCY REPAIRS NECESSARY TO RESTORE SAFE OPERATION OF THE

INTERSECTION, SUBJECT TO THE EMERGENCY RESPONSE PROCEDURES SET FORTH IN SECTION

4.6 BELOW.

3.3. “ITS Facilities” shall mean Intelligent Transportation Systems which shall include communication infrastructure and related devices that can be install ed at an intersection for the purposes of providing either Party with communications to the intersection for the purposes of traffic monitoring and management of a traffic system. This can include the use of these facilities by other city departments for related uses including law enforcement related uses. ITS Facilities components shall include traffic camera devices, cabling (power, fiber optic, data cables and similar), network communication devices (network switches, data conversion devices, wireless communication devices, and related power supplies), ITS cabinets and enclosures, conduits and pull-boxes excluding those required by the traffic signal, mounting hardware, and all related appurtenances needed to establish communications to the traffic signal. As ITS Facilities are supplemental in nature to the traffic signal and require agency specific requirements and permissions outside of typical traffic signal operations and maintenance, ITS Facilities shall be separated from shared responsibility elsewhere defined in this agreement.

3.4. “ITS FACILITIES ” SHALL ALSO INCLUDE ANY FUTURE TECHNOLOGIES OR COMMUNICATIONS

EQUIPMENT INSTALLED BY EITHER PARTY FOR TRAFFIC MANAGEMENT, DATA COLLECTION, VIDEO MONITORING, OR NETWORK CONNECTIVITY. EACH PARTY SHALL RETAIN OWNERSHIP OF

ITS RESPECTIVE ITS DEVICES AND DATA, AND SHALL BE RESPONSIBLE FOR CYBERSECURITY, NETWORK SECURITY, AND ACCESS CONTROL FOR ITS OWN SYSTEMS.

3.5. “COST SHARE” SHALL MEAN THE PERCENTAGE ALLOCATION OF ROUTINE MAINTENANCE COSTS,

EXTRAORDINARY MAINTENANCE COSTS, AND ANY OTHER SHARED COSTS AS SPECIFIED IN EXHIBIT A. COST SHARE PERCENTAGES SHALL APPLY REGARDLESS OF WHICH PARTY PERFORMS THE WORK OR WHERE WITHIN THE INTERSECTION THE WORK OCCURS.

3.6. “EMERGENCY CONDITION” SHALL MEAN ANY FAILURE, DAMAGE, OR MALFUNCTION THAT

RESULTS IN A FLASHING SIGNAL, DARK SIGNAL, SIGNIFICANT SAFETY HAZARD, OR OTHER CONDITION REQUIRING IMMEDIATE RESPONSE TO PROTECT PUBLIC SAFETY.

3.7. “NOTICE” SHALL MEAN WRITTEN COMMUNICATION PROVIDED IN ACCORDANCE WITH SECTION

4.5.4, AND SHALL INCLUDE EMAIL NOTICE TO DESIGNATED STAFF FOR OPERATIONAL MATTERS

SUCH AS MAINTENANCE COORDINATION, PROVIDED THAT FORMAL NOTICES OF TERMINATION, AMENDMENT, OR DISPUTE MUST BE PROVIDED BY MAIL OR PERSONAL DELIVERY. 42 3.8. “DIRECT COSTS” SHALL MEAN ACTUAL LABOR, MATERIALS, EQUIPMENT, CONTRACTOR COSTS,

AND OTHER EXPENSES NECESSARILY INCURRED TO PERFORM THE WORK, EXCLUDING GENERAL OVERHEAD, BUT INCLUDING THE 10% FUNCTIONAL AND ADMINISTRATIVE OVERHEAD SPECIFIED IN SECTION 4.3.3.

3.9. “WORKFLOW PROCEDURES” SHALL MEAN THE NOTIFICATION, DOCUMENTATION, RESPONSE, AND COORDINATION REQUIREMENTS SET FORTH IN SECTION 4.6 OF THIS AGREEMENT.

4. Terms

4.1. Effective Date.

This Agreement shall become effective upon execution by both Parties and shall supersede any and all previous agreements pertaining to Facilities which exclusively involve the Parties. THE

PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS INTENDED TO SERVE AS A COMPREHENSIVE

AND UPDATED FRAMEWORK FOR MAINTENANCE, OPERATIONS, COST SHARING, ITS COORDINATION, AND INTER‑AGENCY COMMUNICATION.

4.2. Responsibilities of the Parties.

The party responsible for performing the maintenance and operations functions with regards to the Facilities shall be indicated in Exhibit A. Any utility -owned intersection lighting will be maintained by the utility owning the same. THE PARTIES SHALL ADHERE TO THE WORKFLOW PROCEDURES SET FORTH IN SECTION 4.6, INCLUDING NOTIFICATION REQUIREMENTS, RESPONSE TIMES, DOCUMENTATION STANDARDS, AND COORDINATION PROTOCOLS. EACH PARTY SHALL

DESIGNATE A PRIMARY AND SECONDARY CONTACT FOR ALL OPERATIONAL COMMUNICATIONS, AND SHALL UPDATE SUCH CONTACT INFORMATION AS NECESSARY.

4.3. Fees and Payments.

4.3.1. Shared Expenses.
(a) Cost of Extraordinary Maintenance Work. The amount of extraordinary expenses, such as the repair or replacement of components because of damage due to a traffic collision, shall be the Cost Share expense of the Parties based on the percentages specified in Exhibit A. These expenses shall be assessed regardless of whether the actual damage occurred within the Ontario or Chino area of the intersection. All extraordinary services or repairs shall be performed by the agency identified as the party responsible in Exhibit A. EXTRAORDINARY MAINTENANCE WORK

PERFORMED UNDER EMERGENCY CONDITIONS SHALL BE SUBJECT TO THE EMERGENCY RESPONSE PROVISIONS OF SECTION 4.6. COSTS FOR EMERGENCY WORK SHALL BE

DOCUMENTED WITH PHOTOGRAPHS, FIELD REPORTS, AND CONTRACTOR INVOICES WHEN APPLICABLE.
(b) Cost of Routine Maintenance Work. The amount of routine expenses shall be the Cost Share expense of the Parties based on the percentages specified in Exhibit A. These expenses shall be assessed regardless of whether the routine maintenance occurred within the Ontario or Chino area of the intersection. All routine services or repairs shall be p erformed by the agency identified as the party responsible in Exhibit A. ROUTINE MAINTENANCE COSTS SHALL BE 43 SUPPORTED BY DOCUMENTATION INCLUDING LABOR HOURS, MATERIALS USED, AND ANY CONTRACTOR COSTS.
(c) Cost of ITS Operations and Maintenance Work. The Party owning the ITS Facilities infrastructure shall be solely responsible for its operation, maintenance and costs associated with the device s. The identified intersection responsible party in Exhibit A shall allow for ITS devices to be reasonably installed within the shared intersection upon mutually agreed design and permitting of encroachment. This shall include power, mounting, and data cable routing through the traffic signal infrastructure. Each Party shall provide at no cost permitting rights to the other Party and their designated contractors to install, operate and maintain the ITS facilities.

The cost for providing power for all ITS Facilities shall be supplied from the traffic signal power source and be included as part of the Routine Maintenance shared responsibilities defined above. EACH PARTY SHALL BE RESPONSIBLE FOR CYBERSECURITY, NETWORK SECURITY, AND DATA MANAGEMENT FOR ITS OWN ITS DEVICES. ANY PROPOSED MODIFICATIONS TO EXISTING

ITS INFRASTRUCTURE THAT MAY AFFECT TRAFFIC SIGNAL OPERATIONS SHALL REQUIRE PRIOR WRITTEN APPROVAL FROM BOTH PARTIES.

4.3.2. Recovery From Third Parties.

Whenever extraordinary expenses are incurred as a result of damage caused by a third party, the party with jurisdiction over the location where the damage took place shall make every reasonable effort to recover the costs of said damage from the responsible third party. Any and all recovered funds, less the costs associated with the recovery effort, shall be disbursed to both Ontario and Chino as per the percentage splits shown in Exhibit A. THE PARTY PURSUING

RECOVERY SHALL PROVIDE PERIODIC UPDATES UPON REQUEST AND SHALL PROVIDE A FINAL ACCOUNTING OF RECOVERED FUNDS AND ASSOCIATED COSTS.

4.3.3. Billing.

Parties shall bill each other for the cost of services provided. The Party performing the Extraordinary Maintenance Work shall prepare an itemized invoice for the other Party. Billings shall be made quarterly as set forth in Exhibit A. The cost of maintenance referred to herein shall include all direct costs, plus a 10% functional and administrative overhead assessment to cover indirect costs incurred in providing the maintenance services. ALL INVOICES SHALL INCLUDE

SUPPORTING DOCUMENTATION, INCLUDING LABOR LOGS, MATERIAL RECEIPTS, CONTRACTOR INVOICES, AND A DESCRIPTION OF THE WORK PERFORMED. EACH PARTY SHALL HAVE THE RIGHT TO REQUEST ADDITIONAL DOCUMENTATION AS REASONABLY NECESSARY TO VERIFY COSTS.

4.3.4. Disputes.

Parties shall submit in writing any dispute in billing within thirty (30) working days after receipt of billing. Otherwise, Parties shall pay for services within thirty (30) days after receipt of billing.

IF THE PARTIES ARE UNABLE TO RESOLVE A BILLING DISPUTE THROUGH GOOD -FAITH DISCUSSIONS WITHIN THIRTY (30) DAYS, THE DISPUTE SHALL BE ESCALATED TO THE PUBLIC

WORKS DIRECTOR OF EACH PARTY FOR RESOLUTION PRIOR TO INITIATING ANY FORMAL ACTION.

4.4. Termination.
44 This Agreement shall remain in full force and effect until terminated by either party following a sixty (60) day written notice of intention to terminate. UPON TERMINATION, THE PARTIES SHALL COOPERATE TO ENSURE AN ORDERLY TRANSITION OF MAINTENANCE RESPONSIBILITIES. ALL OUTSTANDING INVOICES SHALL BE PAID WITHIN SIXTY (60) DAYS OF TERMINATION. ANY

ONGOING EXTRAORDINARY OR EMERGENCY WORK SHALL BE COMPLETED BY T HE PARTY RESPONSIBLE UNDER EXHIBIT A, UNLESS OTHERWISE MUTUALLY AGREED IN WRITING.

THE PARTIES ACKNOWLEDGE THAT TERMINATION IS SUBJECT TO NON ‑APPROPRIATION OF FUNDS AS PROVIDED IN SECTION 4.6.7.

4.5. General Terms.

4.5.1. Amendment.

No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Exhibit A may be amended, as needed, to add or delete maintained traffic signal, lighting equipment , ITS equipment or to change cost splits, as evidenced by signed approval of the respective department representatives, or their designees, by submittal of a revised Exhibit A, which shall, upon said approval become part of this Agreement and shall supersede and cancel all previous exhibits. ANY AMENDMENT AFFECTING

COST SHARING, WORKFLOW PROCEDURES, OR EMERGENCY RESPONSE REQUIREMENTS SHALL REQUIRE APPROVAL BY THE CITY ENGINEER OR PUBLIC WORKS DIRECTOR OF EACH PARTY.

4.5.2. Mutual Indemnification.
(a) Ontario agrees to indemnify, defend (with counsel approved by Chino) and hold harmless Chino and its officers, employees, agents and authorized volunteers from any and all claims , actions, losses, damages, and/or liability resulting from Ontario’s negligent acts or omissions which arise from Ontario’s performance of its obligations under this Agreement. (b) Chino agrees to indemnify, defend (with counsel approved by Ontario) and hold harmless Ontario and its officers, employees, agents and authorized volunteers from any and all claims , actions, losses, damages, and/or liability resulting from Chino’s negligent acts or omissions which arise from Chino’s performance of its obligations under this Agreement. (c) EACH PARTY SHALL MAINTAIN, AT ITS OWN EXPENSE, GENERAL LIABILITY, AUTOMOBILE LIABILITY, WORKERS’ COMPENSATION, AND EMPLOYER’S LIABILITY INSURANCE WITH LIMITS CONSISTENT WITH PUBLIC AGENCY STANDARDS. EACH PARTY SHALL PROVIDE PROOF OF INSURANCE UPON REQUEST.

4.5.3. No Third Party Beneficiaries.

Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in third parties not parties to this contract, or affect the legal liability of either party to the contract by imposing any standard of care respecting t he maintenance of the subject intersections different from the standard of care imposed by law.

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

Ontario: Chino:

Attn: City Engineer Attn: Public Works Director
303 East B Street
Ontario, CA 91764
13220 Central Avenue
Chino, CA 91710

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. OPERATIONAL NOTICES, INCLUDING

MAINTENANCE COORDINATION, EMERGENCY NOTIFICATIONS, AND WORKFLOW COMMUNICATIONS, MAY BE PROVIDED BY EMAIL TO DESIGNATED STAFF. FORMAL NOTICES OF

TERMINATION, AMENDMENT, OR CLAIMS MUST BE PROVIDED BY MAIL OR PERSONAL DELIVERY.

4.5.5. Governing Law.

This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

4.5.6. Time of Essence.

Time is of the essence for each and every provision of this Agreement . THIS REQUIREMENT APPLIES ESPECIALLY TO EMERGENCY RESPONSE, NOTIFICATION, AND BILLING DEADLINES.

4.5.7. Successors and Assigns.

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

4.5.8. Assignment or Transfer.

Neither Party shall assign, hypothecate or transfer, either directly or by operation of law, this agreement or any interest herein without the prior written consent of the other. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

4.5.9. Construction: References. Captions.

Since the Parties or their agents have participated fully in the preparation of this Agreement , the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Parties include their elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. IN THE EVENT OF A CONFLICT BETWEEN THE BODY OF THIS AGREEMENT AND 46 EXHIBIT A, THE BODY OF THIS AGREEMENT SHALL CONTROL UNLESS EXPRESSLY STATED OTHERWISE.

4.5.10. Waiver.

No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

4.5.11. Invalidity; Severability.

If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

4.5.12. Cooperation; Further Acts.

The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. THIS INCLUDES COORDINATION OF FIELD WORK, SHARING OF MAINTENANCE RECORDS, AND UPDATING OF AS‑BUILT DOCUMENTATION.

4.5.13. Attorney's Fees.

If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

4.5.14. Authority to Enter Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

4.5.15. Counterparts.

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

4.5.16. Entire Agreement.

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

INDEMNIFICATION, PAYMENT OBLIGATIONS, AUDIT RIGHTS, AND CONFIDENTIALITY OF ITS-RELATED DATA, SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

4.6 Workflow Procedures, Emergency Response, and Operational Coordination

4.6.1 Notification of Routine Maintenance

THE PARTY RESPONSIBLE FOR ROUTINE MAINTENANCE SHALL PROVIDE NOTICE TO THE OTHER PARTY AT LEAST FORTY‑EIGHT (48) HOURS PRIOR TO PERFORMING ANY NON‑EMERGENCY WORK 47 THAT MAY TEMPORARILY AFFECT TRAFFIC SIGNAL OPERATIONS, POWER, OR ITS CONNECTIVITY.

NOTICE MAY BE PROVIDED BY EMAIL TO DESIGNATED STAFF.

4.6.2 Notification of Extraordinary Maintenance

WHEN EXTRAORDINARY MAINTENANCE IS REQUIRED, THE RESPONSIBLE PARTY SHALL NOTIFY THE OTHER PARTY AS SOON AS PRACTICABLE, BUT NO LATER THAN TWENTY ‑FOUR (24) HOURS AFTER DISCOVERY OF THE CONDITION. SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF THE ISSUE, ANTICIPATED WORK, AND ESTIMATED COSTS IF KNOWN.

4.6.3 Emergency Response Procedures

IN THE EVENT OF AN EMERGENCY CONDITION, THE PARTY RESPONSIBLE UNDER EXHIBIT A SHALL RESPOND PROMPTLY AND SHALL MAKE REASONABLE EFFORTS TO ARRIVE ON‑SITE WITHIN TWO (2) HOURS OF NOTIFICATION. IF THE RESPONSIBLE PARTY IS UNABLE TO RESPOND WITHIN THIS

TIMEFRAME, THE OTHER PARTY MAY, AT ITS DISCRETION, DISPATCH ITS OWN CREWS OR CONTRACTORS TO ADDRESS THE EMERGENCY. COSTS SHALL BE SHARED ACCORDING TO THE COST SHARE PERCENTAGES IN EXHIBIT A.

EMERGENCY RESPONSE WORK SHALL BE LIMITED TO RESTORING SAFE OPERATION OF THE INTERSECTION. ANY FOLLOW ‑UP WORK BEYOND TEMPORARY RESTORATION SHALL BE COORDINATED IN ACCORDANCE WITH SECTIONS 4.3.1 AND 4.6.2.

4.6.4 Documentation Requirements

ALL ROUTINE, EXTRAORDINARY, AND EMERGENCY WORK SHALL BE DOCUMENTED BY THE PERFORMING PARTY. DOCUMENTATION SHALL INCLUDE, AS APPLICABLE:
• PHOTOGRAPHS OF DAMAGE OR FAILED EQUIPMENT;
• FIELD REPORTS DESCRIBING THE ISSUE AND WORK PERFORMED; • LABOR LOGS AND MATERIAL LISTS;
• CONTRACTOR INVOICES;
• UPDATED AS-BUILT INFORMATION IF ANY PERMANENT CHANGES ARE MADE.

DOCUMENTATION SHALL BE PROVIDED WITH THE QUARTERLY INVOICE OR UPON REQUEST.

4.6.5 Coordination Meetings
THE PARTIES SHALL HOLD AN ANNUAL COORDINATION MEETING TO REVIEW:
• THE STATUS OF ALL SHARED INTERSECTIONS;
• ANY SIGNIFICANT MAINTENANCE ISSUES;
• UPDATES TO ITS INFRASTRUCTURE;
• ANY PROPOSED CHANGES TO EXHIBIT A;
• ANY RECOMMENDED IMPROVEMENTS TO WORKFLOW PROCEDURES.
48 MEETINGS MAY BE HELD IN PERSON OR VIRTUALLY.

4.6.6 Priority of Safety
IN ALL CIRCUMSTANCES, PUBLIC SAFETY SHALL BE THE PRIMARY CONSIDERATION. BOTH PARTIES

SHALL TAKE ALL REASONABLE STEPS TO ENSURE THAT TRAFFIC SIGNALS AND SAFETY LIGHTING REMAIN OPERATIONAL AND SAFE FOR THE TRAVELING PUBLIC.

4.6.7 Non-Appropriation of Funds

THE PARTIES ACKNOWLEDGE THAT THEIR OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO THE AVAILABILITY OF APPROPRIATED FUNDS. IF EITHER PARTY FAILS TO RECEIVE FUNDING

NECESSARY TO PERFORM ITS OBLIGATIONS, THAT PARTY MAY TERMINATE THIS AGREEMENT UPON THIRTY (30) DAYS’ WRITTEN NOTICE. SUCH TERMINATION SHALL NOT RELIEVE THE PARTY

OF ITS OBLIGATION TO PAY FOR WORK PERFORMED PRIOR TO THE EFFECTIVE DATE OF TERMINATION.

4.6.8 Force Majeure

NEITHER PARTY SHALL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED BY

EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, MAJOR UTILITY OUTAGES, LABOR STRIKES, WAR, OR OTHER UNFORESEEABLE EVENTS.

THE AFFECTED PARTY SHALL PROVIDE NOTICE TO THE OTHER PARTY AS SOON AS PRACTICABLE AND SHALL RESUME PERFORMANCE WHEN THE CONDITION IS REMEDIED.

4.6.9 Confidentiality of its Related Data

TO THE EXTENT PERMITTED BY LAW, EACH PARTY SHALL MAINTAIN THE CONFIDENTIALITY OF ANY VIDEO, NETWORK, OR SECURITY ‑RELATED DATA GENERATED BY ITS OWN ITS DEVICES.

ACCESS TO SUCH DATA BY THE OTHER PARTY SHALL REQUIRE PRIOR WRITTEN APPROVAL, EXCEPT WHERE REQUIRED BY LAW OR COURT ORDER.

4.6.10 Data Ownership and Cybersecurity

EACH PARTY SHALL RETAIN OWNERSHIP OF ITS OWN ITS DATA AND SHALL BE RESPONSIBLE FOR

IMPLEMENTING APPROPRIATE CYBERSECURITY MEASURES TO PROTECT ITS NETWORKS AND DEVICES. ANY SHARED USE OF COMMUNICATIONS INFRASTRUCTURE SHALL BE SUBJECT TO MUTUALLY AGREED SECURITY PROTOCOLS.

4.6.11 Recordkeeping and Audit Rights

EACH PARTY SHALL MAINTAIN RECORDS OF ALL WORK PERFORMED UNDER THIS AGREEMENT FOR A MINIMUM OF FIVE (5) YEARS. EACH PARTY SHALL HAVE THE RIGHT TO AUDIT SUCH RECORDS UPON REASONABLE NOTICE AND DURING NORMAL BUSINESS HOURS.

4.6.12 Survival of Certain Provisions
THE FOLLOWING PROVISIONS SHALL SURVIVE TERMINATION OF THIS AGREEMENT:
• INDEMNIFICATION (SECTION 4.5.2);
49 • PAYMENT OBLIGATIONS FOR WORK PERFORMED PRIOR TO TERMINATION; • AUDIT RIGHTS (SECTION 4.6.11);
• CONFIDENTIALITY OF ITS-RELATED DATA (SECTION 4.6.9).

50 SIGNATURES ON THE FOLLOWING PAGE

51 SIGNATURE PAGE TO AGREEMENT FOR

MAINTENANCE AND OPERATION OF JOINTLY OWNED

TRAFFIC SIGNALS AND INTERSECTION SAFETY LIGHTING

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective official thereunto duly authorized.

CITY OF ONTARIO CITY OF CHINO
By: By:

Dated: Dated:

ATTEST: ATTEST:

By: By:

City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

City Attorney City Attorney

52 EXHIBIT “A”

JOINTLY OWNED TRAFFIC SIGNAL LOCATIONS
SCHEDULE I – MAINTAINED BY CITY OF ONTARIO
Cost Share
No. Location Chino of Chino City of Ontario

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. Merrill Ave at Carpenter Ave
Merrill Ave at Hellman Ave-Vineyard Ave
Merrill Ave at Van Vliet Ave-Baker Ave
Merrill Ave at Flight Ave-Walker Ave
*Merrill Ave at Airport Truck Parking Lot
Merrill Ave at Grove Ave
Merrill Ave at SOLC Dwy
Merrill Ave at Bon View Ave
Merrill Ave at Campus Ave
Merrill Ave at Sultana Ave
Euclid Ave at Riverside Dr
Euclid Ave at Chino Ave
Euclid Ave at Schaefer Ave
Euclid Ave at Red Bud Ln
Euclid Ave at Edison Ave
Euclid Ave at Eucalyptus Ave
Euclid Ave at Merrill Ave-E. Facility Dr
*Possible future traffic signals
25%
50%
50%
50%
67%
33%
33%
33%
50%
33%
25%
50%
50%
67%
50%
50%
75%
75%
50%
50%
50%
33%
67%
67%
67%
50%
67%
75%
50%
50%
33%
50%
50%
25%
SCHEDULE II – MAINTAINED BY CITY OF CHINO
Cost Share
No. Location City of Chino City of Ontario

1. 2.

Benson Ave at Philadelphia St
Fern Ave at Riverside Dr
50%
75%
50%
25%
City of Ontario: City of Chino:

City Engineer Director of Public Works
Effective Date

53 Department: Public Works
Prepared By: Jaime Maciel-Carrera
Department: Public Works
Prepared By: Jay Bautista
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:

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

A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2027-28 THROUGH 2031-32

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Adopt a Resolution approving the Fiscal Years 2027-28 through 2031-32 Measure I Five-Year Capital Projects Needs Analysis (CPNA) ; and
B
.

Authorize the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. The CPNA is a tool to assist the SBCTA Board of Directors and Staﬀ in programming available and projected Measure I Fund revenues. The CPNA is not a budget commitment. The individual projects listed in the CPNA are either currently identiﬁed in the Fiscal Year 2026-27 Adopted City of Ontario Capital Improvement Program (CIP) Budget or will be identiﬁed in the CIP at the time that the local fund share is needed and approved by the City Council.

BACKGROUND & ANALYSIS:

San Bernardino County voters approved the passage of a thirty-year extension (2010-2040) to the Measure I program in November 2004, authorizing San Bernardino Associated Governments, now SBCTA, to impose a one-half percent sales tax on retail transactions and use tax in the incorporated and unincorporated territories of the County of San Bernardino.

Revenue from the tax can only be used for transportation improvements and traﬃc management 54 programs authorized in the 2010-2040 Measure I Expenditure Plan set forth in Ordinance No. 04-1 of the Authority. The Expenditure Plan for the San Bernardino Valley Subarea, of which Ontario is a part, requires that Measure I revenue be applied to the following programs:

Freeways 29% Freeway Interchanges 11% Major Streets 20% Local Streets (per capita pass through) 20%
Metrolink/Passenger Rail 8% Senior/Disabled Transit Service 8%
Express Bus/Bus Rapid Transit Service 2%
Traffic Management Systems 2%

The 2010-2040 Measure I Strategic Plan requires each local jurisdiction applying for revenue from the Measure I Major Street Arterial sub-program to annually adopt and update a Five-Year CPNA.

The Five-Year CPNA is not a funding commitment by either SBCTA or the City, but a tool to assist SBCTA Staﬀ and their Board of Directors in programming available Measure I Fund revenues. The CPNA is not a wish list but a ﬁnancially constrained, realistic schedule of the projects for which the agency intends to use Measure I dollars. "Financially constrained" means that the required local Development Impact Fee (DIF) match contribution will be available before the project begins or the DIF match requirement has been met by an internal Measure I loan arranged with SBCTA in accordance with the Measure I Strategic Plan.

The Five-Year CPNA covers projects in the Measure I Major Street Arterial sub-program.

This year's
Five-Year CPNA includes the following projects: Grove Avenue/Holt Boulevard intersection widening; Etiwanda Avenue/Airport Drive intersection improvements; and Vineyard Avenue from Riverside Drive to Chino Avenue.

The process requires that the City Council approve the CPNA by Resolution. Staﬀ anticipates that there may need to be changes to the CPNA during the ﬁscal year. Therefore, Staﬀ is recommending that the City Manager, or his designee, be given the authority to approve changes to the CPNA as requested by SBCTA and/or Staff, provided the changes do not conflict with the approved budget.

55 RESOLUTION NO. _______

A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF ONTARIO,

CALIFORNIA, ADOPTING THE MEASURE I FIVE -YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2027-28 THROUGH 2031-32.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004 , authorizing the San Bernardino County Transportation Authority to impose a one -half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan s set forth in Ordinance No. 04-1 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five -Year Capital Project Needs Analysis; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario, State of California, that the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2027-28 through 2031-32, attached to this resolution as Exhibit A, is hereby adopted.

PASSED, APPROVED, AND ADOPTED this 15th day of September 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK
56 APPROVED AS TO LEGAL FORM:

_______________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
57 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 20 26- duly passed and adopted by the Ontario City Council at their regular meeting held September 15, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

58 59
Nexus Project Cost 32,200,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $570,016.28
Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $927,205.50
Fund Type: MSI Arterial $ 515,526.26 $ - $ - $ - $ - $ - $ - DEV FEE $ 411,679.24 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $6,196,801.02
Fund Type: MSI Arterial $ 3,445,421.36 $ - $ - $ - $ - $ - $ - DEV FEE $ 2,751,379.66 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Costs include PA&ED of the
Grove Corridor project; and
PS&E, ROW and CON for the
Grove portion of the Holt/Grove
intersection project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Grove Corridor
Widening (Fourth St to Airport Dr)
and Holt Blvd/Grove Ave
Intersection Widening
Project Desrip: Widen Grove Ave
from I-10 to Holt Blvd from 4 to 6
lanes, W. Cuc. Crk Bridge
Current Total Project Cost
Estimate:
$15,388,045.61
Total Measure I Request:
$4,277,876.67
(Summation of Measure I)
Comments:
2028-2032 CPNA - Proj 1
60 Nexus Project Cost 48,817,215$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $570,016.28
Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $927,205.50
Fund Type: MSI Arterial $ 515,526.26 $ - $ - $ - $ - $ - $ - DEV FEE $ 411,679.24 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $6,196,801.02
Fund Type: MSI Arterial $ 3,445,421.36 $ - $ - $ - $ - $ - $ - DEV FEE $ 2,751,379.66 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $15,388,045.61
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Holt Blvd.
from 750 ft. west to 750 ft. east of
Grove Ave. from 4 to 6 lanes
Project Description: Widen Holt
Blvd from Benson Ave to
Vineyard Ave from 4 to 6 lanes
Current Total Project Cost
Estimate:

Comments:

This is a portion of Nexus Project
"Widen Holt Blvd from Benson
Ave to Vineyard Ave from 4 to 6
lanes". Costs include the PS&E,
ROW and CON for the Holt
portion of the Holt/Grove
intersection project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$4,277,876.67
(Summation of Measure I)
2028-2032 CPNA - Proj 2
61 Nexus Project Cost 5,270,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $100,000.00
Fund Type: MSI Arterial $ 55,600.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,400.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $5,182,357.00
Fund Type: MSI Arterial $ 288,139.10 $ 1,296,625.95 $ 1,296,625.95 $ - $ - $ - $ - DEV FEE $ 230,096.60 $ 1,035,434.70 $ 1,035,434.70 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $11,000,774.00
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Etiwanda Avenue
and Airport Drive Intersection
Improvements
Project Description: Spot Widen
Airport Dr from Kettering to
Etiwanda Ave from 2 to 4 lanes,
including intersection at
Current Total Project Cost
Estimate:

Comments:

City of Fontana is the lead agency
on the project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$2,936,991.00
(Summation of Measure I)
2028-2032 CPNA - Proj 3
62 Nexus Project Cost 14,370,409$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $7,876,439.00
Fund Type: MSI Arterial $ 2,189,650.04 $ 2,189,650.04 $ - $ - $ - $ - $ - DEV FEE $ 1,748,569.46 $ 1,748,569.46 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $7,876,439.00
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Vineyard Ave
Roadway Improvements
(Riverside Dr to Chino Ave
Project Description: Construction
of Vineyard Ave roadway
improvements (6-lanes) from
Riverside Dr to Chino Ave
Current Total Project Cost
Estimate:

Comments:

The project is currently under
construction.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$4,379,300.08
(Summation of Measure I)
2028-2032 CPNA - Proj 4
63 Department: Public Works
Prepared By: Gil H Mars
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: 6
SUBJECT:

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR THE MISSION AND MOUNTAIN DEMOLITION PROJECT

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The proposed Amendment No. 7 to the Design Services Agreement with Ardurra Group, Inc. is for additional construction documents in the amount of $26,762 for a total not-to- exceed contract amount of $13,258,601. If approved, additional appropriations in the Ontario Housing Authority (OHA) Fund will be included in future quarterly budget updates to the City Council as needed for site development of affordable housing.

BACKGROUND & ANALYSIS:

In December 2023, the Ontario Housing Authority (OHA) acquired

1.28 acres of real property located at 801, 803, and 805 S. Mountain Ave. for the development of aﬀordable housing. On July 7, 2026, the City Council approved a resolution declaring the City-owned property at 801, 803, and 805 S. Mountain Ave. as exempt surplus land for aﬀordable housing development. Pursuant to Government Code Section 54221(F)(1)(F), property owned by a housing 64 authority and intended for affordable housing development may qualify as exempt surplus land.

To facilitate the development of aﬀordable housing and prevent illegal dumping, trespassing, and nuisances that could negatively impact neighboring residents, the existing structures on the site must be demolished. The project will also require abandonment of existing utilities and removal of vegetation and other site debris to prepare the property for future development. To proceed with this work, the City must prepare the necessary construction documents establishing the scope, specifications, and requirements for demolition and site clearance.

Staﬀ recommends approval of Amendment No. 7 with Ardurra Group, Inc. to provide the necessary construction documents for demolition of the existing structures, utility abandonment, vegetation removal, and site clearance. This will allow the OHA to continue with their aﬀordable housing goal.

With approval of this amendment, demolition is anticipated to begin in April 2027. 65 46700.00100\33287662.1

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BB&K 2020

PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM

ALAN D. WAPNER
JIM W. BOWMAN

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 7 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ARDURRA GROUP, INC.

1. Parties and Date.

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

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Design Services Agreement” dated June 4, 2024 (“Agreement”).

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to revise the scope of services for The Mission and Mountain Demolition project and increase the compensation amount by $26,762.00 for a total contract amount not -to-exceed $13,258,601. The Parties have heretofore entered into that Amendment No. 1 dated July 16, 2024, Amendment No. 2 dated November 19, 2024, Amendment No. 3 dated October 7, 2025, Amendment No. 4 dated April 7, 2026 , Amendment No. 5 dated June 2, 2026, and Amendment No. 6 dated September 15, 2026.

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

3.37 of the Agreement.

3. Terms.

3.1 Amendment. Sections 3.1.1 and 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:

"3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and 66 46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

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

3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Thirteen Million Two Hundred Fifty Eight Thousand and Six Hundred One Dollars ($13,258,601) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "B. ” The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

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

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

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 7.

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

[SIGNATURES ON FOLLOWING PAGE]

67 46700.00100\33287662.1

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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 7 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND ARDURRA GROUP, INC.

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

CITY OF ONTARIO ARDURRA GROUP, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

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

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

68 Newport Beach El Segundo Long Beach San Diego www.ardurra.com J
uly 8, 2026
Mr. Gil Mars
Design & Construction – Project Manager
City of Ontario
1333 S. Bon View
Ontario, CA 91761
Subject: Proposal to Provide Civil Engineering Services for the Demolition of the existing improvements at 801 S. Mountain Avenue (Ave)
Dear Mr. Mars,
Ardurra Group, Inc. (Ardurra) appreciates this opportunity to present our proposal to the City of Ontario to provide civil engineering services associated with the demolition of the existing improvements within the site located at 801 S. Mountain Ave, Ontario California (Exhibit A). Ardurra’s project understanding, the proposed scope of services and the estimated fee are presented herein for your consideration.

Ardurra proposes to accomplish the work described herein for a time and material not- to-exceed fee of $26,762. Ardurra will prepare monthly invoices and will only exceed this amount with prior written authorization. A fee breakdown using our hourly billing rates is attached for your information (Exhibit B). The billing rates shown in the fee breakdown are valid through December 2026.

We look forward to the opportunity to perform this work for you. We are available to meet to discuss this proposal and the necessary tasks identified in this scope. Please contact me at (714) 458-7929 or [email protected] should you have any questions or require any additional information.

Sincerely,
Ardurra Group, Inc.

Jose Hernandez, PE, QSD/QSP
Group Leader
Attachments:

Exhibit A – Site Location
Exhibit B – Estimated Manpower Hourly Fee Breakdown
Attachment A
69 Proposal to Provide Civil Engineering Services for City of Ontario 801 S. Mountain Ave - Demolition
1 | page
Project Understanding
Ardurra understands that the City of Ontario propos es to demolish the existing improvements located at 801 S. Mountain Ave. The p roject boundary is approximately

0.40 acres located southeast of the intersection of West Mission Ave and South Mountain Avenue. The project site currently consists of a pa rking lot, an existing 5,000 square foot commercial building, and existing utilities. It is understood that the overall project will involve demolishing the existing structure, removin g of the existing pavement, cutting, and capping the existing utilities, and leaving a r ough-graded site. Ardurra’s scope is limited to the civil engineering portion of work de scribed in the scope of services. The existing structures may require hazardous material abatement that others will assess, design, and implement.

Scope of Services
Ardurra proposes to provide civil engineering desig n services including the preparation of demolition plans for the project-specific civil elements, including the sewer, water, and storm drain, the preparation of a preliminary rough grading plan, and an erosion control plan, coordination/collaboration with dry utilities (gas, electrical, and communication) for the cutting and capping of these utilities, and qua ntity take-off for the civil elements.

Ardurra will also perform internal Qa/Qc for our pr oject tasks.

Ardurra intends to perform the proposed civil engin eering design services as follows:

Project Documents:

The following is a breakdown of our understanding o f the civil engineering task services required for the civil-related portion of the work:

Task 1: Project Coordination and Meetings – This task will involve project coordination and meetings for the project. It will include three (3) design team meetings and two (2) site visits. This task will al so involve coordination with utility providers to identify the contact personnel of the individuals that the contractor will need to coordinate with for the rem oval of the on-site utilities and cutting and capping of said utilities.

Task 2: Demolition Plan – This task will involve reviewing existing documents including existing plans and as-builts, if availabl e, to develop the demolition plan for the project area. The demolition plan will reflect the existing conditions, to the extent possible and will provide the contractor with guidance in removing the civil improvements. The demolition plan will identify the existing surface features and utilities to be cut, capped, removed, and/or abandoned in place. The plan will only provide general information relative to building demolition. Detailed building demolition, including hazardous material abatement and removal, will be by others; however, Ardurra will 70 Proposal to Provide Civil Engineering Services for City of Ontario 801 S. Mountain Ave - Demolition
2 | page
coordinate with the team that will design the build ing assessment and abatement design to provide for proper site prepara tion. Since there will not be a project topographic map, Ardurra will use avai lable aerial imagery to prepare the demolition plan.

Task 3: Rough Grading Plan – This task will involve preparing a preliminary rough grading plan that will provide rough grading guidan ce to the demolition contractor so that trenches and excavations are not left on the site after the existing infrastructure is removed. The preliminar y rough grading plan will be developed using available USGS contours as existing contours and the proposed elevations will be based on assumed depths of removals from the existing improvements (pavement depth, foundations, etc.)

Task 4: Erosion Control Plan – This task will involve generating an erosion control plan that will serve as the basis for the sediment project for the site during demolition activities. The erosion control plan, i ncluded in the set will be the minimum requirements that the contractor must imple ment.

Task 5: Quantity Take-off for Civil Elements – This task will involve generating quantities for the civil-related demolition element s. The quantities will include pavement removal, approximate earthwork quantities, and utility removals. A cost estimate will not be included. Quantities or Costs for structural demolition will not be included, or they will be provided by o thers.

Deliverables:

It is anticipated that Ardurra will be provided with the project standard border for the plan sheets in AutoCAD format and that Ardurra will prod uce reproducible bond sheets. The drawings will be prepared using AutoCAD. If require d, Ardurra AutoCAD standards can be adjusted to match those of the City of Ontario, if required. It is assumed that specific standard requirements will be selected at project s tartup if an electronic submittal is required.

Ardurra anticipates no more than three (3) submitta ls of the following project documents:
• Civil Demolition Plan
• Rough Grading Plan
• Erosion Control Plan
• Quantities for Civil related demolition elements
Assumptions:
• This proposal covers only the scope outlined above.
71 Proposal to Provide Civil Engineering Services for City of Ontario 801 S. Mountain Ave - Demolition
3 | page
• Per the direction of the City, the project plans wi ll be developed using available aerial imagery and the available boundary survey pr ovided by the City. No survey information will be provided for the demolition and rough grading plans. • The demolition plan set developed by Ardurra will o nly include identification of structures to be removed and utilities (water, sewe r, and storm drain) to be cut, capped, and removed. This scope of work will not in clude specific demolition requirements for the existing structures. It will b e assumed that any hazardous material assessments, testing or abatement for the existing structures will be performed and specified by others.
• The current scope of work does not anticipate submi ttal to any other agency other than the City of Ontario.
• Technical specifications for site removal and rough grading will be provided on the plan set. Other specifications, if required, wi ll be provided by others. • The demolition plan will show cutting, capping, and removal of dry utilities; however, it is anticipated that the utility owners will remove their own utility unless directed otherwise by the utility owner.

Exclusions:

The following items are specifically excluded from the Ardurra scope of proposed services based on our current understanding of our scope:
• Project surveying services are not included in this scope of work • Cost estimate
• Geotechnical exploration or engineering
• Project utility profiles will not be included in th is scope • Necessary permit processing fees
• Environmental and Land Use permits
• Traffic/transportation engineering, including haul route plan and traffic control • Permits associated with demolition activities
• SWPPP (QSD/QSP) services are not included in this sc ope • Hazardous assessments of the existing building are not included in this scope of services
• Structural engineering services are not included
• The project documents will provide regulatory guida nce for soil/pavement disposition only
• Realignment of the existing utilities
• Support during construction

72 Proposal to Provide Civil Engineering Services for City of Ontario 801 S. Mountain Ave - Demolition
4 | page

Exhibit A – Site Location

Exhibit B – Fee Estimate

Pincipal Qa/Qc Proj. Eng Engineer II Eng. Tech Admin
$302.00 $290.00 $220.00 $170.00 $140.00 $120.00
Task 801 S. Mountain Ave - Demolition Project $26,762

1.1 Project Coordination and Meetings 8 4 4 2 18 $4,256 $4, 256

1.2 Demolition Plan 2 2 8 16 32 60 $10,144 $10,144

1.3 Preliminary Rough Grading Plan 2 2 4 8 16 32 $5,664 $5,6 64

1.4 Erosion Control Plan 2 2 4 8 16 $3,424 $3,424

1.5 Quantity take off civil related removals 2 2 2 8 14 $2 ,984 $2,984

3.1 Reimbursible expenses $290 $290
16 8 22 44 50 0 140
$4,832 $2,320 $4,840 $7,480 $7,000 $0 $26,472 $290
$26,762
$26,762
Total
Cost
Ardurra Personnel
TOTAL NOT-TO-EXCEED FEE:

Task/
Subtask Task/Subtask Description
Subtask
Labor-
Hours
Subtask
Labor Cost
Direct
Cost
73 Proposal to Provide Civil Engineering Services for City of Ontario 801 S. Mountain Ave - Demolition
5 | page

74 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: 7
SUBJECT:

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO

SPORTS EMPIRE PROJECT

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The Fiscal Year 2026-27 Adopted Budget includes appropriations in the Capital Projects - Measure Q Fund for the Ontario Sports Empire Project. The proposed Amendment No. 5 with RJM Design Group, Inc. for the additional landscape architectural services for the design of D&C23-022 Ontario Sports Empire is in the amount of $271,225 for a total not-to-exceed contract amount of $3,918,475.

BACKGROUND & ANALYSIS:

The proposed Sports Empire project includes a professional baseball stadium, soccer ﬁelds, baseball and softball tournament areas, football ﬁelds, and supporting retail facilities.

75 On March 3, 2026, the City Council approved Amendment No. 4 with RJM Design Group, Inc. to provide design services for the Ontario Sports Empire. As the project progressed through design and construction, several additional services became necessary due to evolving project requirements. These services included enhanced signage design, additional coordination and redesign to support structural engineering revisions related to RFI’s and submittals, additional ﬁeld review of domestic water lines installations involving defective gaskets and ﬁttings, additional inspections for ﬁeld turf installation, design of the dedication plaque, and revisions to the foundation designs for the whistle and soccer ball sculptures.

Additionally, during construction, Southern California Edison was unable to conﬁrm if permanent power service would be available before the Sports Empire’s grand opening. As a result, RJM Design Group, Inc. was directed to develop a contingency plan for temporary power should permanent power not be available in time.

If approved, Amendment No. 5 will authorize RJM Design Group, Inc. to provide additional design and construction support services, including the preparation of revised design and construction documents, as well as continued professional services through completion of the Ontario Sports Empire Project.
76 BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT 46700.00100\9423414
PAUL S. LEON
MAYOR
D

EBRA PORADA

MAYOR PRO TEM
A
LAN D. WAPNER
JIM W. BOWMAN

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JA
MES R. MILHISER

TREASURER
S

COTT OCHOA

CITY MANAGER
AM
ENDMENT NO. 5 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
RJM DESIGN GROUP, INC.

1. P
arties and Date.

T
his Amendment No. 5 t o the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and RJM Design Group, Inc. a corporation with its principal place of business at 31691 Camino Capistrano, San Juan Capistrano CA 92676 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Design Services Agreement” dated June 18, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement for additional architectural services to the Ontario Sports Complex – additional design services as listed on Attachment A such as the construction administration, landscape architecture, temporary power design, sculpture fabrication shop visits, and dedication plaque design for the amount of $271,225.

The Parties have heretofore entered into that Amendment No. 1 dated September 17, 2024, Amendment No. 2 dated January 21, 2025, Amendment No. 3 dated May 20, 2025, and Amendment No. 4 dated March 3, 2026.

2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section

3.37 of the Agreement.

3. T
erms.

3.1 Amendment . Sections 3.1.1 and 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:
77 BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT 46700.00100\9423414
“3.1.1 S
cope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as "Services"). The Services are more particularly described throughout this Agreement, including Exhibit “A.” All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.”
"3.10.1 C
onsultant’s Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Three Million Nine Hundred Eighteen Thousand Four Hundred Seventy-Five Dollars ($3,918,475) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions set forth in Exhibit “B.” The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.” E
xhibit “ A” – Scope of Services is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3. 2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3. 3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

3. 4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
78 BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT 46700.00100\9423414
[
SIGNATURES ON FOLLOWING PAGE]
79 BB&K (2024) 4 AGREEMENT FOR NON-CONSTRUCTION CONTRACT 46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 5 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND RJM DESIGN GROUP, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 as of the day and year first above written.

CITY OF ONTARIO RJM DESIGN GROUP, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

80 26-075 Ontario Sports Complex-Additional services Page 1 of 3 July 9, 2026
*Revised August 4, 2026
Dan Beers
Design & Construction – Principal Construction Project Manager City of Ontario - Public Works Agency
1333 S. Bon View Ave.

Ontario, CA 91761
Re: Ontario Sports Complex – Additional Services (Construction Administration, Synthetic Turf Inspections and Materials Testing, Structural Design and Detailing, Temporary Power Design, Sculpture Fabrication Shop Visits, and Dedication Plaque Design, IT Changes, Civil Engineering) Dear Dan:

Due to the rapidly evolving construction progress at OSE, our team has provided a number of additional services not currently included in our scope of work. These services include; additional construction administration time by the team to attend additional job site meetings as requested to review general construction progress, provide field directives and solutions, answer questions, place trees, perform periodic punch walks in advance of project completion, provide structural design and detailing (specifics outlined below), synthetic turf inspections and materials testing, temporary power design, in person sculpture fabrication shop visits, freeway video board sign rebrand, dedication plaque design, and civil engineering in coordination with McCarthy. Based on the below scope of work and associated fees, we will only bill for the time spent under each task.

These items are as follows:

1. Construction Administration $ 87,050.00
a. Signage (Selbert Perkins) ($ 20,250.00)
1) Ongoing shop drawing and submittal review.
2) RFI responses and design clarifications.
3) Coordination with client, design team, and contractors. 4) Periodic site visits and observation reports.
5) Punch list support at key milestones.
6) Design team coordination by RJM Design Group.
b. Landscape Architecture (RJM Design Group) ($ 66,800.00) 1) Ongoing RFI and submittal review, design clarifications. 2) Coordination with client, design team, and contractors. 3) Weekly site visits to review construction progress, onsite DW mainline inspections with ACCO, review of tree placement and orientation and preparation of observation reports. 4) Punch list support at key milestones.
5) Coordination and redesign of details to support structural engineering revisions related to RFI’s/Submittals and contractor constructability issues and requests. 6) Coordination in field to review DW lines installed with defective gaskets and fittings by ACCO for Misters and Quick Couplers not previously inspected by Transtech. Review and Coordination with Leemco, Contractors, and City to resolve gasket and joint fitting issues experienced on DW and RW mainlines and laterals.

2. Synthetic Turf Inspections and Materials Testing and Retesting (GMU) $ 57,900.00 a. Beginning May 2026, there is approximately $16,000 left in the remaining budget. Monthly billing for this Attachment A
81 26-075 Ontario Sports Complex-Additional services Page 2 of 3 task has been approximately $16,000, therefore the remaining balance will take us to June 2026. b. We believe that construction operations for our inspectors will wrap up during the 1st week of July. c. We believe that we will need $26,000 additional budget to complete inspections, materials testing, and final report.
d. Overruns – Materials testing costs have been driven with additional testing at the source related to failed sieve analysis within project specifications and after placement on site related to compaction and infiltration testing of material as required during failure events. e. Scope gap for non-athletic field area testing and observation. GMU will continue to provide these services for the family activity turf areas (not previously included) as discussed in the OAC meeting on 5/31/26. f. Design team coordination byRJM Design Group.

3. Additional Structural Designs, Detailing (GMU) $ 55,600.00 The items identified below relate to details that were not part of the original scope of work but become required based on change in scope responsibility (contractor provided shop drawings / deferred submittals), and field conditions or field encountered issues during construction. a. SK-12: Dedication Plaque Foundation – previously integrated in cmu planter wall, requested as free standing by City.
b. SK-13: Tubular Steel Fence Foundation (on slope) – required to accommodate ramping conditions. c. SK-20: Alternate Sign Foundation Details (allow existing pipes to go thru foundation to accommodate contractor).
d. SK-21: Alternate Sign Foundation Details (allow existing pipes to go thru foundation to accommodate contractor).
e. S-14: Revised Whistle Sculpture Foundation (revised 4 times based on shop drawings from signage contractor and change in scope from Conco to GMU).
f. S-15: Revised Soccer Sculpture Foundation (revised 1 time based on shop drawings from signage contractor and change in scope from Conco to GMU).
g. S-16: Revised Baseball Sculpture Foundation (revised 1 time based on shop drawings from signage contractor and change in scope from Conco to GMU).
h. SK-22: Umbrella Base in Pavers – required due to attachment method by manufacturer. i. SK-23: Retaining Wall at Ramp – modified ADA ramp condition at northern baseball fields per RFI 675. j. SK-24: Retaining Wall at Ramp – modified ADA ramp condition at northern baseball fields per RFI 675. k. SK-26A+B: Retaining Wall at Ramp – revised ADA ramp condition at northern baseball fields per RFI 675R1 (revised 2 times to aid contractor in ease of construction and reduce cost impacts) l. SK-31 and SK-17: Retaining Wall at Ramp – revised ADA ramp condition at northern baseball fields per RFI 675R1 (revised 3 times to aid contractor in ease of construction and reduce cost impacts) m. SK-25: 29' Wide Gate at Baseball Complex (revised based on already installed FW line through gate post location - 24' width previous).
n. Foundation for detail 2/S-11B – previously in contractor’s scope of work. o. SK-28: IDF on concrete pad in planting area (revised for slope condition relocation) p. SK-29: Tubular steel fence and gate detail (revised to avoid duct bank clash condition per RFI 0737. q. Design team coordination by RJM Design Group.

4. Temporary Power Design (FBA) $ 10,750.00
a. This item was requested by the City / Tilden Coil to develop temporary power solutions / design in case permanent power is not available at project opening. This created exhibits for multiple generator locations to serve the project needs.
b. Design team coordination by RJM Design Group.

5. In Person Sculpture Fabrication Shop Visits (Selbert Perkins) $ 20,900.00 a. On-site fabrication review (per visit basis – allowance for 8 separate shop visits). b. Coordination with fabricator on design intent.
c. Follow-up coordination with project team.
d. Design team coordination by RJM Design Group.

82 26-075 Ontario Sports Complex-Additional services Page 3 of 3

6. New Dedication Plaque Design and Freeway Video Board Sign Rebrand (Selbert Perkins) $ 14,200.00 a. Concept design options (plaque + integrated feature). b. (1) client presentation / review session.
c. Design Intent package (materials, layout, typography). d. Coordination with team on placement and integration including preliminary alternatives, locations. e. Shop drawing review and design intent clarification. f. Preparation of freeway video board sign rebrand.
g. Design team coordination by RJM Design Group.

7. Camera Changes by City IT (DWE) $ 5,450.00 a. Based on coordination with City IT and Contractor, plan changes necessary to modify cameras and provide additional interior building cabinets for GoCal/Toyota Arena operation. b. Design team coordination by RJM Design Group.

8. Civil Engineering (CivTec) $ 19,375.00
a. Coordination and review of submittals, RFI’s, and utility connections for McCarthy parking garage during construction.
b. Coordination and review of submittals, RFI’s, and storm drain design for SBCFCD connections during construction.
c. Design team coordination by RJM Design Group.

Please note, we assume RJM Design Group will not be responsible for record drawings and that Tilden Coil Constructors will provide project as-builts and each MEP contractor will be responsible to provide their own record drawings.

GRAND TOTAL: $271,225.00

If you have any questions or comments after reviewing these items, please do not hesitate to contact us.

Sincerely,
RJM Design Group, Inc.

Larry P. Ryan, ASLA
Principal Landscape Architect

83 Department: Public Works
Prepared By: Jeffrey Tang
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:

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

A QUITCLAIM DEED AND A RESOLUTION APPROVING A SUBDIVISION

IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20534, LOCATED AT THE NORTHEAST CORNER OF NORTH LAUREL AVENUE

AND WEST D STREET

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Adopt a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map No. 20534, located at the northeast corner of North Laurel Avenue and West D Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

Final Tract Map No. 20534, consisting of one numbered lot on approximately one acre of land, as shown on Exhibit A, was submitted by Tipping Development.

The Tentative Tract Map was approved by the Planning Commission on June 27, 2023.

As a clean-up item, prior to approval of the Final Tract Map, the City will quitclaim a portion of a public alley between West D Street and West E Street that is not needed for present or future street 84 or utility purposes. Improvements will include streets, storm drain, domestic water, sewer, street lights, and parkway landscaping with irrigation. All landscape improvements will be consistent with current City approved drought measures.

The developer has entered into a Subdivision Improvement Agreement with the City for Final Tract Map No. 20534 and posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer. 85 PREPARED BY:APPLICANT:CITY OF ONTARIOENGINEERING DEPARTMENTFILE NO. TM - 20534TIPPING DEVELOPMENT911 S PRIMROSE AVE, UNIT PMONROVIA, CA 91016PROJECT: TRACT MAP NO. 20534LAND DESIGN CONSULTANTS, INC.800 ROYAL OAKS DRIVE, SUITE 104MONROVIA, CA 91016(626) 578-7000 EXHIBIT ATRACT NO. 20534

VICINITY MAPPROJECT SITE
W 4th ST.

W G ST.W D ST.W HOLT ST.

N EUCLID AVE.N LEMON AVE.

N VINE AVE.N SAN ANTONIO AVE.

N LAUREL AVE.E D ST.E F ST.E E ST.E G ST.

TRACT NO. 205340.78 AC.

SCALE: 1"=60'W. D. STREETLAUREL AVENUE
ALLEY
ALLEY
86 RESOLUTION NO. ______

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

CALIFORNIA, APPROVING A SUBDIVISION IMPROVEMENT

AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP
NO. 20534, LOCATED AT THE NORTH EAST CORNER OF NORTH
LAUREL AVENUE AND WEST D STREET.

WHEREAS, Tentative Tract Map No. 20534 submitted for appr oval by Tipping Development, was approved by the Planning Commission of the City of Ontario on June 27, 2023; and

WHEREAS, Tentative Tract Map No. 20534 consists of one numbered lot being a subdivision of a portion of Block 21 of map of town of Ontario as per plat recorded in Book 9, Page 43 of Maps, and per final order of condemnation recorded in Book 5187,

Page 272 ends

County Recorder of San Bernardino County; and

WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20534, Laurel East LLC, a California Limited Liability Company has offered a Subdivision Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and

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

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

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

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

3. That Final Tract Map No. 20534 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

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

87 PASSED, APPROVED, AND ADOPTED this 15th day of September 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY

88 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 20 26- duly passed and adopted by the Ontario City Council at their regular meeting held September 15, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

89 46700.00100\34321548.1

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: City Engineer
(Exempt from Filing Fees – Government Code § 6103)

SPACE ABOVE THIS LINE FOR RECORDER’S USE

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 20534
between

THE CITY OF ONTARIO
a California municipal corporation
and

LAUREL EAST LLC
a California Limited Liability Company
90 46700.00100\34321548.1

-1-

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 20534
I. PARTIES AND DATE
This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this ____ day of _________, 20__, by and between the City of Ontario, a California municipal corporation ( “City”) and LAUREL EAST LLC , a California Limited Liability Company, with its principal office located at 300 PASEO TESORO, WALNUT, CA 91789 (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” II. RECITALS
A. Developer’s tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”), was conditionally approved by the Ontario Planning Commission on June 27, 2023. The tentative tract map is identified in City records as Tract Map No. 20534 (“Map”).

B. Developer has not completed all of the work or made all of the public improvements required by the City’s Municipal Code, the Subdivision Map A ct (California Government Code section 66410, et seq.) (“Map Act”), the conditions of approval for the Map, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to the City’s Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Map.

D. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final Map for the Property.

III. TERMS

1.0 Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agre ement in the Recorder’s Office of the County of San Bernardino ; (c) the approving body per the Ontario Development Code approves the final map for the Property; and (d) Developer records the final map for the Property in the Recorder’s Office of the County of San Bernardino. If any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for the Property.
91 46700.00100\34321548.1

-2-

1.1 Definitions. For purposes of enforcing this Agreement, the term “City” shall include, but shall not be limited to, City Council, Public Works Director, City Engineer, Community Development Director, Building Official, or any of their authorized representatives.

City shall have the sole and absolute discretion to determine which public body, public official, or public employee may act on behalf of City for any particular purpose.

2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Map, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Map ( “Public Improvements ”). The Public Improvements are more specifically described in Exhibit “B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any utility system or public improvement in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be perform ed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.

Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to the execution of this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2 Permits; Notices; Utility Statements . Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility that will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2.3 Pre-approval of Plans and Specifications . Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer, or his/her authorized designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

2.4 Quality of Work; Compliance With Laws and Codes . The construction plans and specifications for the Public Improvements shall be prepared in accordance with all 92 46700.00100\34321548.1

-3-

applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance . Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvement s, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

2.7 Superintendence by Developer. Developer shall require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Public Improvements.

Before starting work on the Public Improvements, each contractor and subcontractor shall submit in writing the name of the proposed foreperson, who shall be subject to the review and approval of City. Following approval by City, each foreperson shall be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. The Developer shall employ a competent construction manager that is responsible for the entire work. Each contractor or subcontractor shall contractually report to the construction manager, either directly or through a subcontract. The construction manager shall be immediately available by phone during hours when construction is in progress and shall be available in person within two hours when requested by the City. The construction manager shall coordinate the work such that construction and the associated inspection happen in an efficient manner. Should a contractor or subcontractor desire to change its foreperson, it shall provide the information specified above and obtain City’s prior written approval. City, in its sole and absolute discretion, may require any contractor or subcontractor to replace its foreperson provided that City gives the contractor or subcontractor at least forty-eight hours written notice.

Developer shall, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and shall not employ any unfit person or anyone not skilled in the 93 46700.00100\34321548.1

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assigned task. If any person employed by , the D eveloper, a contractor or subcontractor fails or refuses to carry out the directions of the City or appears to the City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person shall be removed from the project immediately upon request by the City, and such person shall not again be employed on the work. Such removal shall not be the basis for any claim of compensation or damages against the City.

In addition, Developer shall maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer ’s behalf in Developer ’s absence shall be available to be on the job within three (3) hours of being called at such office by the City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other day or time when work is being performed on the Public Imp rovements. Developer shall also provide City with a telephone number, at which Developer, or its representative, shall be available twenty -four (24) hours a day in the event of an emergency.

3.0 Maintenance of Publ ic Improvements and Landscaping . City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvement s, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City ’s acceptance of the Public Improvements.

Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City , and until the security for the performance of this Agreement is released.

Maintenance shall include, but shall not be limited to: repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. Developer shall cause the sweeping of streets to occur weekly at a minimum.

Developer shall perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer. It shall be Developer ’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Develop er and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

3.1 Landscaping and Existing Irrigation Systems . Developer shall plant and maintain parkway trees and landscaping as provided in Section 10 -2.07 of the City Municipal Code, and as directed by the Public Facilities Department. The Developer shall also be responsible for the replacement, relocation or rem oval of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system.
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4.0 Construction Schedule. Unless extended pursuant to Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final Map. At least fifteen (15) days prior to the commencement of such work, Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement of the work.

4.1 Extensions. Time is of the essence with regard to this Agreement. The City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. Requests for extension of time shall be in writing and shall be delivered to City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on City.

It is understood that by providing the security required by this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer and waive any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates approved by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City ’s reasonable discretion.

4.2 Accrual of Limitations Period . Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Property shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City ’s grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Cont rol Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in this Agreement. Developer further agrees that the indemnification as set forth in this Agreement shall extend to and include any and all grading conte mplated by this Agreement, including but not limited to, any partial or rough grading work.

6.0 Encroachment Permit. Developer shall obtain any necessary encroachment permits from the office of the City Engineer prior to start of any work within the public rights-of-way, and the Developer shall conduct such work in full compliance with the regulations and other requirements contained therein. The Developer shall be responsible for the removal of all loose rock and other debris from the public rights-of-way resulting from work done on adjacent property 95 46700.00100\34321548.1

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or within said rights -of-way. Work done within existing public rights -of-way shall be diligently pursued to completion with minimal obstruction or inconvenience to the public and pursuant to the terms of the encroachment permit and any applicable federal, state or local laws, rules or regulations. The City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all costs and expenses incurred from the Developer or its surety by any lawful means. No n-compliance with the terms of the encroachment permit or any applicable federal, state or local laws, rules or regulations may result in the City’s cessation of the work and assessment of any applicable penalties or other remedies. Prior to, and as a con dition precedent to, the issuance of any required encroachment permit(s), Developer shall provide to the City evidence satisfactory to the City of: (1) the certificate(s), endorsement(s), or policy(ies) of insurance as required by this Agreement; and (2) a ny and all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work.

7.0 Utilities. Developer shall assume all costs for and shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within the Property in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules, and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilit ies to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City , or by any other state or federal laws or regulations.

8.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to fees for the checking, filing, and processing of improvement plans and spec ifications and for inspecting the construction of the Public Improvements. These fees must be paid in full prior to approval of the final map and improvement plans. The fees referred to above are not necessarily the only City fees, charges, or other costs that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges, and/or costs.

9.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

10.0 Acceptance of Improvements; As -Built or Record Drawings . If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council s hall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial 96 46700.00100\34321548.1

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acceptance of the Public Improvements by City, the City Clerk shall file with the Recorder’s Office of the County of San Bernardino, a notice of completion for the accepted Public Improvements in accordance with California Civil Code Section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

Title to and ownership of the Public Improvements constructed under this Agreement shall vest absolutely in City upon completion and acce ptance in writing of such Public Improvements by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City ’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

11.0 Default; Notice; Remedies.

11.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Im provements and all other administrative costs and expenses.

11.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expe nse, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none, of the required or agreed upon Public Improvements at the time of City ’s demand for performance.

In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

11.3 Notice of Violation; Stop Work Order . If City determines that there is a violation of applicable federal, state or local laws, ordinances, regulations or other requirements, or the terms and conditions of this Agreement, the City and/or City Engineer may issue a Notice 97 46700.00100\34321548.1

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of Violation and Demand for Compliance and/or a Stop Work Order. The City may declare the Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall comply with the Notice of Violation and/or Stop Work Order and shall substantially commence the work required to remed y the default or violation with the time specified in the Notice of Violation. If the default or violation constitut es an immediate threat to the public health, safety, or welfare, City and/or City Engineer may provide the Notice of Violation verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

11.4 Other Remedies . No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

11.5 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

12.0 Warranty and Guarantee . Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigor ous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, sta te, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.

13.0 Security.

13.1 Prior to execution of this Agreement, Developer shall provide City with sufficient security in the amounts and under the terms set forth below (“Security”). Nothing in this Section is intended to prevent City, in its sole discretion, from requiring Developer to submit, or prevent Developer from submitting, security in a form other than bonds that may be allowed under California Government Code Section 66499, et seq. and the City’s Municipal Code, and acceptable 98 46700.00100\34321548.1

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to City. The amount of the Security shall be based on the City Engineer ’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all public landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer ’s compliance with this Section shall in no way limit or modify Developer ’s indemnification obligation under this Agreement. Security shall be on forms approved by the City for the purposes and amounts as follows:

13.1.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City security in the amount of Two Hundred and Sixty-Five Thousand, Two Hundred and Thirteen 17/100 Dollars ($265,213.17), which sum shall be not less than one hundred percent (100%) of the Estimated Costs (Bonds attached in Exhibit “C” and Engineering Cost Estimate attached in Exhibit “B”). The City may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided herein, provided that Developer is not in default on any p rovision of this Agreement or condition of approval for the Map, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period (as defined above), or any extension thereof as provided in this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map.

13.1.2 Labor & Material Bond. To secure payment to the contractor and subcontractors, laborers, material men and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City security in the amount of Two Hundred and Sixty-Five Thousand, Two Hundred and Thirteen 17/100 Dollars ($265,213.17), which sum shall not be less than one hundred percent (100%) of the Estimated Costs (Bonds attached in Exhibit “C” and Engineering Cost Estimate attached in Exhibit “B”) .. The security provided under this subsection may be released by written authorization of the City Engineer after one (1) year or within the time limits established in California Government Code section 66499.7 from the date City accepts the final Public Improvements at the discretion of City. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City ’s anticipated administrative and legal expenses arising out of such claims.

13.1.3 Monument Security. To guarantee payment by the Developer to the engineer or surveyor whose certificate appears on the final map for the setting of all subdivision boundaries, lot corners and street centerline monuments, as well as the furnishing of all centerline tie notes to the City, prior to the City’s execution of this Agreement, Developer shall deposit cash with the City in the amount of One Thousand Dollars ($1,000). Said cash deposit may be released after receipt by the City of the centerline tie notes and written acknowledgment of payment in full from the engineer or surveyor.
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13.1.4 Warranty Bond. To provide in the amount of ten percent (10%) of the Estimated Costs of the Work to guarantee and warrant the Work, for a period of one year following its completion and acceptance, against any defective work or labor done, or defective materials furnished, as required by California Government Code Section 66499.3(d). Any unused portion of the guarantee and warranty security shall be released one year after acceptance of the required improvements by the City Council.

13.2 Bond/Surety Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of no less than A:VIII, shall be authorized to do business in the State of California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys ’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

13.3 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

14.0 Lien. To secure the timely performance of Developer ’s obligations under this Agreement, including those obligations for which security has been provided pursuant to this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to this Agreement, City shall first attempt to collect against such secur ity prior to exercising its rights as a contract lienholder under this Section.

15.0 Indemnification. Developer shall defend (with counsel reasonably satisfactory to the City Attorney), indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of actio n, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement and shall not be restricted 100
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to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

16.0 Insurance.

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

16.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Developer, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Developer agrees to amend, supplement or endorse the policies to do so.

16.2.1 Commercial General Liability : Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.

16.2.2 Automobile Liability Insurance : Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence.

16.2.3 Workers' Compensation : Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

16.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Developer shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

16.3.1 Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Developer; or (4) contain any other exclusions contrary to the terms or purposes of th is Agreement. For all policies of Commercial General Liability insurance, Developer shall provide endorsements in the form of ISO CG 20 10 10 01 and 101
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20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

16.3.2 Automobile Liability : (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

16.3.3 Workers' Compensation : (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

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

16.5 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against City, and shall require similar written expres s waivers and insurance clauses from each of its contractors.

16.6 Deductibles and Self -Insured Retentions. Any deductible or self -insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

16.7 Evidence of Insurance. The Developer, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Developer shall, within ten (10) days after receipt of written notice of such ca ncellation or reduction of 102
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coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

16.11 Additional Insurance Provisions

16.11.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Developer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Developer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

16.11.2 If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Developer.

16.11.3 The City may require the Developer to provide complete copies of all insurance policies in effect for the duration of the Project.

16.11.4 Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

16.11.5 The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Developer from liability in excess of such coverage, nor shall it limit the Developer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

16.11.6 Developer shall report to the City, in addition to Developer’s insurer, any and all insurance claims submitted by Developer in connection with this Agreement. 103
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17.0 Signs and Advertising . Developer understands and agrees to City ’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordi nance, regulation, or other requirement. Removal shall be at the expense of Developer. Developer shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

18.0 Relationship Between the Parties . The Parties hereby mutually agree that neither this Agreement, any map related to the Property, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer ’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors, or its sub contractors an agent, contractor or subcontractor of City.

19.0 General Provisions.

19.1 Authority to Enter Agreement . Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

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

19.4 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this Section. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.

CITY: DEVELOPER:

City of Ontario
Engineering Department
303 East “B” Street
Laurel East LLC
300 Paseo Tesoro
104
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Ontario, CA 91764
Attn: City Engineer
Walnut, CA 91789
Attn: Robert K. Vogel

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

19.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part o f any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by the Developer without the prior written consent of the City.

19.8 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City ’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution, or performance of the Public Improvements or this Agreement.

19.9 Assignment or Transfer of Agreement . Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer ’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.

Following any permitted assignment, hypothecation, or transfer of the Public Improvements as set forth in this Section, City shall release Developer from its obligations so 105
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assigned and shall release to Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the Public Impro vements not assigned, hypothecated, or transferred.

19.10 Binding Effect . Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation.

19.11 No Third -Party Beneficiaries . There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

19.12 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19.13 Consent to Jurisdiction and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law provid ing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

19.14 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys ’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specif ic provision providing for the recovery of Costs. This Section shall survive the termination or expiration of this Agreement.

19.15 Acquisition and Dedication of Easements or Rights -of-Way. If any of the Public Improvements required by this Agreement are to be constructed on land not within the subdivision or an already -existing public right -of-way, no construction or installation shall be commenced before:

19.15.1 The irrevocable offer of dedication or conveyance to City of appropriate rights -of-way, easements, or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Public Improvements or work; or
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19.15.2 The issuance of an order of possession by a court of competent jurisdiction pursuant to California’s Eminent Domain Law. Developer shall comply in all respects with any such order of possession.

Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Developer for completion of the Public Improvements.

19.16 Prevailing Wages . Developer has been alerted to the requirements of California Labor Code section s 1720 et seq . and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.

19.17 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS]

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CITY OF ONTARIO
By:

Scott Ochoa, City Manager

LAUREL EAST LLC
By:

Signature

Print Name

Title

ATTEST:

By:

Sheila Mautz, City Clerk

By:

Signature

Print Name

Title

APPROVED AS TO FORM:

By: _________________________________
Best Best & Krieger, City Attorney

NOTE: DEVELOPER’S AND SURETY ’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF ) On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

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STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

110
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A-1

EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 20534

IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF BLOCK 21 OF MAP OF TOWN OF ONTARIO AS PER PLAT RECORDED IN BOOK 9 PAGE 43 OF MAPS, AND PER FINAL ORDER OF CONDEMNATION RECORDED IN BOOK 5187, PAGE 272 AND IN BOOK 5187, PAGE 275, BOTH OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

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B-1

EXHIBIT “B”

LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 20534
Developer shall perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his/her order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his/her opinion, are necessary or required to complete this work.

Developer is required to perform the following Public Improvements under this Agreement:

[ENGINEERING COST ESTIMATE ATTACHED BEHIND THIS PAGE]

112

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
Signature of Registered Civil Engineer
RCE No.

Exp. Date:

Approved By:

Date:

Civil Engineer Stamp

ENGINEERING DEPARTMENT
Project Cost Estimate
Attached Project Cost Estimate prepared by (or under the direction of) 1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
( EXISTING RW )
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101
Last Update: 11/1/2024
113

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
Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
(Excludes Fiber Optic, Landscape, Utility Poles)
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total
F. FIBER OPTIC Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Landscape, Utility Poles)

CONSTRUCTION INSPECTION FEE
(Excludes Landscape, Utility Poles) $164 Base Fee

SECURITY DEPOSIT
Check box if posting Refundable Cash Deposit $500 Min See Page 4 for posting of Security Bonds

PERMIT FEE

TRAFFIC CONTROL PERMIT FEE

ENCROACHMENT PERMIT FEE TOTAL

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Encroachment Permit Fee Calculation
8,643.84$
151,575.13$
116.00$
103.00$
64,152.21$
55,459.83$
-$
31,963.09$
-$
-$
8,424.84$
151,575.13$
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
114

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
(Excludes Fiber Optic, Landscape, Utility Poles)
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total
F. FIBER OPTIC Sub-Total
G. LANDSCAPE Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Utility Poles)

PLAN CHECK FEE TOTAL
Summary of Estimated Construction Cost in Public Right-Of-Way For Plan Check Fee Calculation
1/29/2026
21015-005
Laurel Ave. & D Street
TM-20534 (E202400187)

ENGINEERING DEPARTMENT
7,048.24$
55,459.83$
64,152.21$
-$
31,963.09$
-$
-$
-$
151,575.13$
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
115

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
Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
CONTINGENCY FOR UNSIGNED PLANS (10%)
Check box if plans are unsigned

TOTAL SECURITY BOND AMOUNT

SECURITY BOND AMOUNTS
Performance Bond
(100% of Total Estimated Construction Cost)
Labor and Material Bond
(100% of Total Estimated Construction Cost)
Maintenance Bond *
(10% of Performance Bond)
Monumentation Cash Deposit **
No. of Monuments to set:
* To be provided prior to release of Performance Bond
** To be provided if monumentation is not complete by the time of Final Map approval 26,521.32$
1,000.00$
265,213.17$
177,790.26$
55,459.83$
-$
31,963.09$
-$
26,521.32$
265,213.17$
265,213.17$
265,213.17$

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Security Bond Amount
(Subdivision Maps Only)
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
116

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
B. POTABLE WATER MAIN
C. RECYCLED WATER MAIN
D. SANITARY SEWER MAIN 150
E. STORM DRAIN MAIN
F. FIBER OPTIC CONDUIT

ENGINEERING DEPARTMENT
Total Length (LF)
Summary of Total Length of Utility Mains in Public Right-Of-Way Provided to Fiscal Services Department
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
117

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL
ASPHALT CONCRETE (AC) ($0.39/IN/S.F. AC & $0.19/IN/S.F. CAB) AC BASE PAVE (MINIMUM 4") THICKNESS: 6'' S.F. 2.34$ -$ CRUSHED AGREGGATE BASE THICKNESS: 8'' S.F. 1.52$ -$ AC PAVEMENT 10.5 TON 65.00$ 682.50$
AC BERM L.F. 13.00$ -$
2" GRIND S.F. 0.40$ -$
SAWCUT 720 L.F. 3.50$ 2,520.00$
IMPORT FILL (INCLUDING COMPACTION) C.Y. 25.00$ -$ PREPARATION OF SUBGRADE S.F. 0.50$ -$
AC PAVEMENT REMOVAL 720 S.F. 3.50$ 2,520.00$ SLURRY SEAL (RPM TYPE II) S.F. 0.17$ -$ TRENCH BACKFILL AND COMPACTION 110 S.F. 3.50$ 385.00$

PORTLAND CEMENT CONCRETE (PCC)
CURB & GUTTER 400 L.F. 15.00$ 6,000.00$
CURB ONLY L.F. 12.00$ -$
CROSS GUTTER/SPANDREL 215 S.F. 7.00$ 1,505.00$ SIDEWALK 3700 S.F. 4.75$ 17,575.00$
WHEELCHAIR RAMP 1 EA. 2,200.00$ 2,200.00$
TRAFFIC ISLAND S.F. 9.50$ -$
CONCRETE PAVEMENT (PCC - REINFORCED, UP TO 10" THICKNESS) S.F. 7.80$ -$

DRIVE APPROACHES
RESIDENTIAL 130 S.F. 6.50$ 845.00$
COMMERCIAL S.F. 8.50$ -$

REMOVAL
REMOVAL OF CONCRETE S.F. 3.50$ -$
REMOVAL OF BERM, A.C. OR P.C.C. L.F. 6.50$ -$

ADJUSTMENT TO GRADE
MANHOLE EA. 600.00$ -$
WATER VALVE EA. 325.00$ -$
CLEANOUT EA. 265.00$ -$

DRAINAGE
PARKWAY DRAIN 1 EA. 1,800.00$ 1,800.00$
SIGNS

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]

CONSTRUCTION ITEM DESCRIPTION
TM-20534 (E202400187)
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
118

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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
REFLECTOR SIGN AND POST EA. 175.00$ -$
STREET NAME SIGN EA. 475.00$ -$
TRAFFIC SIGN AND POST EA. 300.00$ -$

LIGHTING

STREET LIGHT
- 70, 100 WATT (INCLUDING CONDUIT & PULL BOXES) 3 EA. 6,200.00$ 18,600.00$ - 150, 250 WATT (INCLUDING CONDUIT & PULL BOXES) EA. 6,500.00$ -$ STREET LIGHT SERVICE PEDESTAL EA. 4,100.00$ -$ STREET LIGHT SERVICE DUAL PEDESTAL EA. 5,900.00$ -$

STRIPING
SIGNING & STRIPING LOCAL STREET L.F. 4.50$ -$ SIGNING & STRIPING COLLECTOR STREET L.F. 8.75$ -$ SIGNING & STRIPING ARTERIAL STREET L.F. 12.75$ -$ PAINTED LEGEND EA. 80.00$ -$ THERMOPLASTIC LEGEND EA. 165.00$ -$
TRAFFIC SIGNALS -$
NEW TRAFFIC SIGNAL EA. 355,600.00$ -$
MODIFY EXISTING SIGNAL (STREET WIDENING, PER CORNER) EA. 88,900.00$ -$ REMOVE EXISTING SIGNAL EA. 25,000.00$ -$
REPLACE/RESTORE T.S. DETECTION LOOP EA. 425.00$ -$ TRAFFIC SIGNAL INTERCONNECT CONDUIT L.F. 17.00$ -$ TRAFFIC SIGNAL INTERCONNECT CONDUIT & CABLE L.F. 20.00$ -$ ADD LEFT TURN PHASING L.S. 30,000.00$ -$
ADD LEFT TURN PHASING L.S. 30,000.00$ -$
LANDSCAPE -$
PARKWAY TREE WITH IRRIGATION 11 EA. 525.00$ 5,775.00$ PARKWAY LANDSCAPING S.F. 6.00$ -$
(INCLUDING IRRIGATION FACILITIES) -$
NEIGHBORHOOD EDGE AND/OR MEDIAN LANDSCAPING S.F. 6.00$ -$ (INCLUDING IRRIGATION FACILITIES) -$
NEIGHBORHOOD EDGE AND/OR MEDIAN TREE EA. 525.00$ -$ (INCLUDING IRRIGATION FACILITIES) -$
UTILITY POLES -$
RELOCATION OF POLE EA. 18,000.00$ -$
UNDERGROUNDING OF POWER LINES 260 L.F. 350.00$ 91,000.00$ UNDERGROUNDING OF COMMUNICATION LINES L.F. 90.00$ -$ -$
FIBER OPTIC -$
CONDUIT PLACEMENT TRENCH/BORE (INCLUDES HANDHOLES) L.F. 45.00$ -$ (ARTERIAL/COLLECTOR STREETS - MAIN BACKBONE) -$
IN-TRACT LOCAL STREETS -$
FIBER CONDUIT PLACEMENT L.F. 5.70$ -$
FIBER TRENCH L.F. 6.50$ -$
HANDHOLE - FLOWER POT (FP) EA. 125.00$ -$
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
HANDHOLE - HH-3 EA. 250.00$ -$
HANDHOLE - HH-4 EA. 375.00$ -$
-$
DRY UTILITY TRENCHING -$
BORE - AC PAVEMENT L.F. 20.00$ -$
BORE - PARKWAY L.F. 10.00$ -$
MICRO TRENCHING L.F. 8.15$ -$
DRY UTILITY TRENCH - AC PAVEMENT L.F. 56.00$ -$ DRY UTILITY TRENCH - PARKWAY L.F. 8.00$ -$ OTHER
-$
-$
-$
-$
151,407.50$
10% CONTINGENCY 15,140.75$
TRAFFIC CONTROL 1 L.S. 4,580.08$ 4,580.08$
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. 6,661.93$ 6,661.93$ 177,790.26$ STREET IMPROVEMENTS TOTAL

STREET IMPROVEMENTS SUB-TOTAL
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER / FIRE MAIN
6" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. 30.00$ -$ 8" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. 40.00$ -$ 10" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. 45.00$ -$ 8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 90.00$ -$ 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 95.00$ -$ 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 105.00$ -$ 16" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 115.00$ -$

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX EA. 1,000.00$ -$ 2" WATER SERVICE WITH METER BOX 1 EA. 2,200.00$ 2,200.00$

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. 5,400.00$ -$

AIR RELEASE / BLOW-OFF
(EXCLUDES AC REMOVAL AND REPLACEMENT)
AIR RELEASE VALVE (INC. CONNECTION) EA. 4,600.00$ -$ BLOW-OFF VALVE (INC. CONNECTION) EA. 4,500.00$ -$ BACKFLOW ($1000/IN)
RP 2" AND SMALLER 1 EA. 3,000.00$ 3,000.00$
DDC ABOVE GROUND (UP TO 6" DIAMETER) 2 EA. 7,000.00$ 14,000.00$

GATE VALVE
6" 2 EA. 550.00$ 1,100.00$
8" EA. 850.00$ -$
10" EA. 1,250.00$ -$
12" EA. 1,375.00$ -$
16" EA. 3,425.00$ -$

HOT TAP
HOT TAP WITH VALVE 3 EA. 1,750.00$ 5,250.00$
CONNECTION TO EXISTING 6" MAIN 2 EA. 3,500.00$ 7,000.00$ CONNECTION TO EXISTING 8" MAIN EA. 3,750.00$ -$ CONNECTION TO EXISTING 12" MAIN EA. 4,100.00$ -$ INSTALL TEE 3 EA. 300.00$ 900.00$
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements

CONSTRUCTION ITEM DESCRIPTION
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements
REMOVE EXISTING BLIND FLANGE EA. 475.00$ -$ CONCRETE THRUST BLOCK 3 EA. 585.00$ 1,755.00$ OTHER
85 LF $85 7,225.00$
8 LF $100 800.00$
1 EA. $4,000 4,000.00$
-$
47,230.00$
10% CONTINGENCY 4,723.00$
TRAFFIC CONTROL 1 L.S. 1,428.71$ 1,428.71$
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. 2,078.12$ 2,078.12$ 55,459.83$ POTABLE WATER IMPROVEMENTS TOTAL
6" INC. EXC. BACKFILL & PVMT RESTORATION
4" FULLY WELDED CML&C STEEL PIPE
6" WATER SERVICE WITH 3" METER

POTABLE WATER IMPROVEMENTS SUB-TOTAL
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX EA. 1,000.00$ -$ 2" WATER SERVICE WITH METER BOX EA. 2,200.00$ -$

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. 5,400.00$ -$

AIR RELEASE / BLOW-OFF
(EXCLUDES AC REMOVAL AND REPLACEMENT)
AIR RELEASE VALVE (INC. CONNECTION) EA. 4,600.00$ -$ BLOW-OFF VALVE (INC. CONNECTION) EA. 4,500.00$ -$ BACKFLOW ($1000/IN)
RP 2" AND SMALLER EA. 3,000.00$ -$
DDC ABOVE GROUND (UP TO 6" DIAMETER) EA. 7,000.00$ -$

GATE VALVE
6" EA. 550.00$ -$
8" EA. 850.00$ -$
10" EA. 1,250.00$ -$
12" EA. 1,375.00$ -$
16" EA. 3,425.00$ -$

HOT TAP
HOT TAP WITH VALVE EA. 1,750.00$ -$
CONNECTION TO EXISTING 8" MAIN EA. 3,750.00$ -$ CONNECTION TO EXISTING 12" MAIN EA. 4,100.00$ -$ INSTALL TEE EA. 300.00$ -$
REMOVE EXISTING BLIND FLANGE L.S. 475.00$ -$ 1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements

CONSTRUCTION ITEM DESCRIPTION
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\Engineering Project Cost Estimate
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements
CONCRETE THRUST BLOCK EA. 585.00$ -$
OTHER
-$
-$
-$
-$
-$
10% CONTINGENCY -$
TRAFFIC CONTROL 1 L.S. -$ -$
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. -$ -$ -$ RECYCLED WATER IMPROVEMENTS TOTAL

RECYCLED WATER IMPROVEMENTS SUB-TOTAL
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

SEWER MAIN (VCP ONLY)
8" & SMALLER IN EASEMENT AREA ONLY L.F. 40.00$ -$ (NOT IN PAVED STREET)
10" IN EASEMENT AREA ONLY L.F. 60.00$ -$
(NOT IN PAVED STREET)
12" & LARGER IN EASEMENT AREA ONLY L.F. 63.00$ -$ (NOT IN PAVED STREET)
8" INC. EXC., BACKFILL & PVMT RESTORATION 150 L.F. 70.00$ 10,500.00$ 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 75.00$ -$ 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 80.00$ -$ 15" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 90.00$ -$ 18" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 95.00$ -$ 21" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 105.00$ -$ 24" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 115.00$ -$

MANHOLE
MANHOLE 3 EA. 4,050.00$ 12,150.00$
DROP MANHOLE EA. 4,100.00$ -$
VAULT EA. 3,500.00$ -$
MONITORING FACILITY / NON TRAFFIC AREA EA. 1,750.00$ -$ MONITORING MANHOLE EA. 4,100.00$ -$
CLEANOUT EA. 1,750.00$ -$
REMOVE/ABANDON EXISTING MANHOLE EA. 1,200.00$ -$

REMOVE EXISTING SEWER
UP TO 12" DIAMETER L.F. 55.00$ -$
GREATER THAN 12" DIAMETER L.F. 70.00$ -$

LATERAL
4" HOUSE CONNECTION TO SEWER MAIN IN STREET L.S. 2,925.00$ -$ 6" & SMALLER VCP SEWER LATERAL / EASEMENT 25 L.F. 42.00$ 1,050.00$ 6" & SMALLER VCP SEWER LATERAL / PAVED STREET 25 L.F. 70.00$ 1,750.00$ SEWER CHIMNEY EA. 1,170.00$ -$
SEWER SADDLE 1 EA. 1,170.00$ 1,170.00$
WYE 4" x 8" TYPICAL EA. 115.00$ -$
OIL/GREASE INTERCEPTOR NOT IN STREET EA. 1,750.00$ -$

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
125

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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
OTHER
1 EA $350 350.00$
1 EA $250 250.00$
-$
-$
$27,220.00
10% CONTINGENCY $2,722.00
TRAFFIC CONTROL 1 L.S. 823.41$ 823.41$
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. 1,197.68$ 1,197.68$ SANITARY SEWER IMPROVEMENTS TOTAL $31,963.09

SANITARY SEWER IMPROVEMENTS SUB-TOTAL
8" SEWER CONECT TO EXISTING MANHOLE

REMOVE EXISTING CAP
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\Engineering Project Cost Estimate
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

RCP STORM DRAIN
RCP SIZE X $3.25 / INCH OF I.D. UP TO 60" DIAMETER
18'' INC. EXC., BACKFILL & PVMT RESTORATION L.F. 58.50$ -$ INC. EXC., BACKFILL & PVMT RESTORATION L.F. -$ -$ INC. EXC., BACKFILL & PVMT RESTORATION L.F. -$ -$ INC. EXC., BACKFILL & PVMT RESTORATION L.F. -$ -$ 66" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 260.00$ -$ 72" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 290.00$ -$ 78" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 305.00$ -$ 84" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 330.00$ -$ 90" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 350.00$ -$ 96" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 365.00$ -$ 102" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 470.00$ -$ 108" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 480.00$ -$

LATERAL
18" RCP OR SMALLER L.F. 45.00$ -$
INC. EXC., BACKFILL & PVMT RESTORATION
MANHOLE EA. 4,500.00$ -$

CATCH BASIN
CATCH BASIN LESS THAN 7' IN WIDE L.F. 409.50$ -$ 7' WIDE - CB WITH SCREEN INLET E.A. 3,900.00$ -$ 10' WIDE- CB WITH SCREEN INLET E.A. 4,200.00$ -$ 14' WIDE - CB WITH SCREEN INLET E.A. 4,700.00$ -$ 21' WIDE - CB WITH SCREEN INLET E.A. 4,900.00$ -$ LOCAL DEPRESSION FOR UP TO 10' WIDE CB L.S. 585.00$ -$ LOCAL DEPRESSION FOR > 10' WIDE CB L.S. 1,200.00$ -$

REINFORCED CONCRETE BOX
INC. EXC., BACKFILL & PVMT RESTORATION
4' X 6' RCB L.F. 400.00$ -$
7' X 6' RCB L.F. 470.00$ -$
7' X 8.5' RCB L.F. 560.00$ -$
7' X 9.5' RCB L.F. 575.00$ -$
8' X 11' RCB L.F. 585.00$ -$
8' X 13' RCB L.F. 600.00$ -$

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
1/29/2026
21015-005
Laurel Ave. & D Street
Land Design Consultants, Inc.
626-578-7000 x 2111
[email protected]
TM-20534 (E202400187)
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
9' X 9' RCB L.F. 610.00$ -$
9' X 12' RCB L.F. 650.00$ -$
OUTLET STRUCTURE EA. 700.00$ -$
INLET STRUCTURE EA. 700.00$ -$
TRANSITION STRUCTURE EA. 1,700.00$ -$
OTHER
-$
-$
-$
-$
-$
10% CONTINGENCY -$
TRAFFIC CONTROL 1 L.S. -$ -$
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. -$ -$

STORM DRAIN IMPROVEMENTS TOTAL

STORM DRAIN IMPROVEMENTS SUB-TOTAL
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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46700.00100\34321548.1

C-1
EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 20534
As evidence of understanding the provisions contained in this Agreement, and of Developer ’s intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

FAITHFUL PERFORMANCE BOND: $265,213.17
Surety:

Attorney-in-fact:

Address:

PAYMENT BOND: $265,213.17
Surety:

Attorney-in-fact:

Address:

GUARANTEE AND WARRANTY SECURITY
BOND:
$26,521.32
To be posted upon completion of the Public
Improvements by Developer and approval and
acceptance by the City.

CASH MONUMENT SECURITY: $1,000
Amount deposited per Cash Receipt No. ____ _______
Date: _________________

[BONDS ATTACHED BEHIND THIS PAGE]

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46700.00100\34321548.1

C-2

CITY OF ONTARIO

FAITHFUL PERFORMANCE BOND FOR

SUBDIVISION IMPROVEMENT AGREEMENT
PROJECT: TRACT MAP NO. 20534
WHEREAS, the conditions placed on the tentative/parcel map for Parcel/Tract No. _____ require that the City of Ontario, a municipal corporation of the State of California ( “CITY”), by its City Council, and ____________________________( “PRINCIPAL”) enter into an agreement (“Agreement”) whereby the PRINCIPAL agrees to install and complete certain designated public improvements (“Public Improvements”); and
WHEREAS, the PRINCIPAL is required under the terms of the Agreement to furnish a bond, in a form and from a surety acceptable to the CITY, for the faithful performance of the Agreement.

NOW, THEREFORE, PRINCIPAL and ______________________________ ( “SURETY”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto CITY in the sum of TWO HUNDRED AND SIXTY-FIVE THOUSAND, TWO HUNDRED AND THIRTEEN 17/100 DOLLARS ($265,213.17), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if PRINCIPAL, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantee s, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless C ITY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney ’s fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499, et seq., of the Government Code of California and the CITY’s Municipal Code as security for performance of the Agreement and security for the one-year guarantee and warranty of the Public Improvements. 130
46700.00100\34321548.1

C-3
SURETY, by executing this bond, warrants and alleges that it has read the Agreement, or by signing this bond shall be deemed to have read the Agreement, and knows the contents and all provisions contained therein, and shall be bound by each and every term, condition, and provision contained therein.

IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bon d which it covers.

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46700.00100\34321548.1

C-4
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

132
46700.00100\34321548.1

C-5
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

133
46700.00100\34321548.1

CITY OF ONTARIO

LABOR & MATERIAL BOND FOR

SUBDIVISION IMPROVEMENT AGREEMENT
PROJECT: TRACT MAP NO. 20534
WHEREAS, the conditions placed on the tentative/parcel map for Parcel/Tract No. _____ require that the City of Ontario, a municipal corporation of the State of California ( “CITY”), by its City Council, and ____________________________( “PRINCIPAL”) enter into an agreement (“Agreement”) whereby the PRINCIPAL agrees to install and complete certain designated public improvements (“Public Improvements”); and
WHEREAS, under the terms of the Agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with the CITY to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, PRINCIPAL and _________________________ ( “SURETY”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto CITY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the PRINCIPA L, the sum of TWO HUNDRED AND SIXTY-FIVE THOUSAND, TWO HUNDRED AND THIRTEEN 17/100 DOLLARS, ($265,213.17), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the PRINCIPAL, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said SURETY will pay the same in or to an amount not exceeding the sum specified herein.

C-7

fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code and the City’s Municipal Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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C-8

State of California
County of ____________________
On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[SEAL]

Signature______________________________________

136
46700.00100\34321548.1

C-9

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

137
46700.00100\34321548.1

C-10

CITY OF ONTARIO

SUBDIVISION MAINTENANCE BOND

GUARANTEE AND WARRANTY SECURITY
PROJECT: TRACT MAP NO. 20534
WHEREAS, the conditions placed on the tentative/parcel map for Parcel/Tract No. _____ require that the City Council of the City of Ontario, State of California, and _______________________________ ( “PRINCIPAL”) enter into an agreement by which PRINCIPAL agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance (“Agreement”); and
WHEREAS, PRINCIPAL is required under the terms of the Agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the Agreement.

NOW, THEREFORE, we, PRINCIPAL and __________________________________ a __________________________________, admitted and duly authorized to transact business under the laws of the State of California as surety ( “SURETY”), are held and firmly bound unto the City of Ontario as obligee ( “CITY”), in the penal sum of __________________________________ ($________________) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if PRINCIPAL, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys ’ fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of thi s bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The surety waives all rights of subrogation against CITY or any person employed by CITY.
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C-11

139
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C-12

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

140
46700.00100\34321548.1

C-13

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(seal)

141
Department: Public Works
Prepared By: Frederick Addison
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:

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

AN AMENDMENT TO THE COMMON USE AGREEMENT WITH THE SAN

BERNARDINO COUNTY FLOOD CONTROL DISTRICT

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to approve an amendment to the Common Use Agreement (on ﬁle with Records Management) between the City of Ontario and the San Bernardino County Flood Control District for the operation and maintenance of storm drain facilities extending from the Grove Basin to Edison Avenue; and authorize the City Manager, or his designee, to execute the agreement and any future amendments to the Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The City of Ontario has been operating and maintaining all the noted locations in compliance with permits issued by the San Bernardino County Flood Control District. No additional appropriations are required.

BACKGROUND & ANALYSIS:

The City of Ontario and the San Bernardino County Flood Control District (County FCD) entered into Common Use Agreement No. 12-594 for the Riverside Drive Storm Drain Improvements on August 12, 2012. Since then, the County FCD plans to expand the storm drain system by extending the Grove Basin Outlet Storm Drain to Edison Ave (See Exhibit A), both parties desire to amend the agreement to incorporate the proposed storm drain extension and update the limits of operation and maintenance accordingly. All other terms and conditions of the original agreement shall remain unchanged.
142
143
Department: Public Works
Prepared By: Henry D Pham
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:

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

AN IMPLEMENTATION AGREEMENT FOR THE NPDES PERMIT WITH SAN

BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND OTHER CO-PERMITTEES

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The new Implementation Agreement maintains the City of Ontario's current 9% share. The Fiscal Year 2026-27 Adopted Budget includes appropriations in the Storm Drain Maintenance Fund for the permit costs. Future appropriations will be included in subsequent years' budgets to the City Council consistent with the budget adoption process.

BACKGROUND & ANALYSIS:

The City of Ontario, the San Bernardino County Flood Control District, and 16 other agencies are co-permittees under the NPDES Permit, also known as the Municipal Separate Storm Sewer System (MS4) Permit. The original Implementation Agreement was executed in 1992 to satisfy permit requirements. The Implementation Agreement established the respective responsibilities of the co-permittees and deﬁned the cost-sharing formula used to allocate program costs among the participating agencies.

In 2010, the Implementation Agreement was amended to address ambiguities in the original cost- sharing formula that prevented the County from accurately calculating annual land use conditions as required by the agreement. The revised formula established a more equitable method for determining each co-permittee's cost share by balancing population, land area, and equal participation. This approach resulted in a fairer allocation of program costs among jurisdictions of varying sizes.
144

The proposed Implementation Agreement includes a modiﬁcation to eliminate the application of County overhead charges for County staﬀ time associated with Area-Wide Program activities. In addition, the new agreement incorporates the following administrative revisions:

Modiﬁes meeting requirements to align with the MS4 Permit, while requiring meetings at least quarterly.

Revises the agreement term so that it remains in eﬀect until superseded by a new agreement or until a party provides one year's written notice of its intent to withdraw.

Establishes a deadline for co-permittees to submit their annual cost-share contributions to ensure timely funding of Area-Wide Program activities.

Removes obsolete provisions related to grants received under the American Recovery and Reinvestment Act.

These revisions are intended to streamline administration of the agreement, improve operational eﬃciency, reduce program costs, and ensure consistency with current regulatory requirements.

The existing cost-sharing formula and the methodology used to calculate each co-permittee's share of program costs will remain unchanged.
145

1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1
STORMWATER PERMIT IMPLEMENTATION AGREEMENT 2
SANTA ANA REGION 3
4 5
This AGREEMENT entered into as of this [DATE] by San Bernardino County , (herein called 6 the COUNTY), the San Bernardino County Flood Control District (herein called the DISTRICT), 7 and the Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, 8 Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, 9 and Yucaipa (herein called the CITIES) establishes the responsibilities of each party with respec t 10 to compliance with National Po llutant Discharge E limination System (NPDES) Stormwater 11 regulations administ ered by the California Regional Water Quality Control Board , Santa Ana 12 Region (SARWQCB) by the authority granted by the federal Clean Water Act (CWA) and its 13 1987 amendments and the Water Quality Act (WQA). 14
15 RECITALS 16
17 WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 18 U.S.C.A. 1342 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate 19 regulations for applications for permits for stormwater discharges; and 20 21 WHEREAS, these permit regulations require the control of pollutants from stormwater 22 discharges by requiring a National Pollutant D ischarge Elimination System (NPDES) Permit for 23 the discharge of stormwaters into waters of the United States; and 24 25 WHEREAS, these EPA regulations require NPDES permits for discharges fro m municipal 26 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 27 28 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 29 created the San Bernardino County Flood Control District to provide for the control of flood and 30 storm waters; and 31
32 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 33 Control Act include carrying on technical and other investigations, examinations, or tests of all 34 kinds, making measurements, collecting data, and making a nalyses, studies, and inspections 35 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 36 waste, and contamination of water both within and without the DISTRICT; and 37 38 WHEREAS, the CITIES, the COUNTY , and the DISTRICT desire to develop and implement 39 an integrated stormwater discharge management program with the objective of improving water 40 quality in the Santa Ana Watershed portion of San Bernardino County; and 41 42 WHEREAS, the California State Water Resources Control Board (SWRCB) as designee of the 43 EPA has delegated authority to the Regional Water Quality Control Board – Santa Ana Region 44 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits 45 within the boundaries of their Region; and 46
146

2 47
WHEREAS, the DISTRICT, COUNTY, and CITIES have been designated as joint permittees 48 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 49 50 WHEREAS, the DISTRICT has been designated as the Principal Permi ttee in the MS4 Permit; 51 and 52
53 WHEREAS, the COUNTY and the CITIES have been designated as the Co -permittees in the 54 MS4 Permit; and 55
56 WHEREAS, cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file 57 an application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the 58 DISTRICT; and 59
60 WHEREAS, the Permittees shall establish and maintain a Management Committee to 61 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 62 Program across all jurisdictions covered by this MS4 Permit; and 63 64 NOW THEREFORE, the parties hereto do mutually agree as follows: 65 66 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 67 proceed separately by the SARWQCB) the application for an area -wide storm water 68 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 69 70 II. Management Committee . The DISTRICT, as Principal Permittee , and COUNTY and 71 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4 72 Permit requirements and implementation of the Stormwater Management Program 73 through the workings of the Management Committee. The responsibilities and structure 74 of this committee shall include: 75
76 A. The purpose of the Management Committe e shall be to develop policies, 77 (including goals, needs, and priorities) budgets, and implementation 78 strategies and plans for the area -wide Stormwater Management Program 79 to ensure compliance with the MS4 Permit. The Management Committee 80 shall evaluate implementation options an d strategies and recommend 81 implementation actions to the DISTRICT. 82
83 B. Each Permittee shall designate in writing at least one authorized 84 representative and one alternate to participate on the Management 85 Committee. Management Committee designees and alternates shall be 86 authorized by their respective city council or governing board to cast votes 87 on behalf of their jurisdiction to determine Stormwater Management 88 Program budgets and all other program elements required to implement 89 the areawide Municipal Stormwater Management Plan (MSWMP). 90 91 147

3 C. The Principal Permittee shall serve as the chairperson of the Management 92 Committee. 93
94 D. The Management Committee shall meet a t the frequency required by the 95 MS4 Permit or on a quarterly basis. 96
97 E. Ten (10) authorized representatives present in person at a scheduled 98 meeting constitute a quorum for the transaction of business of the 99 Management Committee. If a quorum is not present at a scheduled 100 Management Committee meeting, less than a quorum may adjourn the 101 meeting. For all Management Committee actions other than approval of 102 the bu dget as set forth in Section VI I.C.1. of this A GREEMENT, a 103 majority vote of the quorum shall decide any question brought before the 104 Management Committee for decision. 105
106
F. The Management Committee shall support Stormwater Management 107 Program implementation by providing guidance to the Principal Permittee 108 with respect to stormwater program administration and approving 109 elements of the area-wide MSWMP. 110
111
G. The Management Committee may establish subcommittees to support the 112 work of the Management Committee. Subcommittees shall include 113 interested members of the Management Committee, and/or other Permittee 114 staff with necessary expertise. Subcommittees may develop 115 recommendations for Management Committee consideration. Such 116 recommendations require majority approval by members of the 117 subcommittee on a one vote per Permittee basis. 118
119
H. Approval of Management Committee decisions will require a majority 120 vote of the authorized representatives or alternates in attendance, on a one 121 vote per Permittee basis. In the event that the Management Committee 122 does not approve a subcommittee recommendation, the item will be 123 directed back to the subcommittee for reconsideration. 124 125
I. All parties to this AGREEMENT achieve cost savings by working 126 collectively to implement the areawide stormwater program. To maximize 127 these cost savings, the Permittees agree that: 128
129

1. Each authorized representative shall actively participate in 130 Management Committee meetings; 131
132

2. Each Permittee shall actively participate in at least one 133 subcommittee, either through the authorized representative or other 134 authorized designee. Participation will be defined as attendance at 135 fifty percent (50%) or more of subcommittee meetings held in a 136 given fiscal year. 137
148

4 138
III. Principal Permittee Responsibilities. 139
140
The DISTRICT, acting through its Board of Supervisors, is the Stormwater Program 141 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 142 responsibilities and shall be reimbursed for its time expended on behalf of the Stormwater 143 Program. These rates include actual hourly rate including fringe benefits plus any other direct 144 cost(s). Materials are to be reimbursed at direct cost. 145 146
The DISTRICT, while acting as administrator, will strive to implement the policies, budget, and 147 required program elements according to the recommendations of the Management Committee . 148 In turn, the Management Committee will work in good faith with the DISTRICT to make 149 reasonable policy, budget and required program element recommendations to the 150 DISTRICT. The Parties recognize and acknowledge, however, that the DISTRICT, as governed 151 by the San Bernardino County Flood Control District Board of Supervisors, retains final 152 authority regarding the nature and manner in which the recommendations of the Management 153 Committee shall be executed. 154
155
In the event that the DISTRICT proposes to implement an approach different than the one 156 recommended by the Management Committee, the DISTRICT's proposed alternative action shall 157 be communicated to the Management Committee at the next available meeting of the 158 Management Committee. If the Management Committee approves the alternative action, then 159 the cost sharing provisions of this A GREEMENT shall govern the allocation of any costs 160 associated with that alternative action. If, in good faith, the Management Committee does not 161 approve the alternative action, the DISTRICT may implement the alternative action, but the 162 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the 163 alternative action. This increased cost shall be measured by the difference between the cost of 164 the alternative action and the estimated cost of the action as reasonably recommended by the 165 Management Committee. 166
167
If the DISTRICT’S proposed alternative implementation action involves an increase in program 168 costs, that alternative implementation action shall not be adopted until such time as each 169 authorized representative of the Management Committee has had 45 days to relay that alternative 170 implementation action to its various governing bodies for approval. CITIES and COUNTY shall 171 have no responsibili ty for the incremental increase in cost associated with an alternative action 172 that is not approved by the Management Committee after 45 days has passed with the governing 173 bodies failing to approve the alternative implementation action. 174 175
The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 176 Management Program contracts and agreements with all consultants, contractors, vendors or 177 other entities as recommended by the Management Committee. 178 179
The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co -180 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 181 for any awarded grant funds. 182
183
149

5 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 184 Stormwater Program as the contracting party and signatory in joint agreements with other 185 municipal stormwater programs and stakeholders for regional benefits and cooperation. 186 187
As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide 188 MS4 Permit activities and manage the Stormwater Management Program by: 189 190
A. Conducting chemical, biological and bacteriological water quality 191 monitoring on behalf of the areawide program as required by the MS4 192 Permit. 193
194
B. Implementing management programs, monitoring programs, and related 195 plans as required by the MS4 Permit. 196
197
C. Preparing and submitting to the Executive Officer (SARWQCB) unified 198 reports, plans, and programs necessary to comply with the MS4 Permit. 199 200
D. Coordinating and conducting Management Committee meetings as 201 specified in the MSWMP. 202
203
E. Taking the lead role in initiating and developing area -wide programs and 204 activities necessary to comply with the MS4 Permit. 205 206
F. Participating, as needed, in any subcommittees formed to facilitate MS4 207 Permit requirements. 208
209
G. Providing technical and administrative support and inform the Co -210 permittees of the progress of other pertinent municipal programs, pilot 211 projects, research studies, and other information to facilitate 212 implementation of Co-permittees’ stormwater program. 213 214
H. Coordinating the implementation of area -wide Stormwater Management 215 Program activities such as a monitoring program, public education, and 216 pollution prevention. 217
218
I. Gathering and disseminating information on the progress of statewide 219 municipal stormwater programs and evaluate the information for potential 220 use in the execution of the MS4 Permit. 221
222
J. Monitoring the implementation of the plans and programs required by the 223 MS4 P ermit and determine their effectiveness in attaining water quality 224 standards. 225
226
K. Coordinating with SARWQCB activities pertaining to implementation of 227 the MS4 Permit, including the submittal of all required reports, plans, and 228 programs. 229
150

6 230
L. Soliciting and coordinating public input for any major proposed 231 stormwater management programs and implementation plans. 232 233
M. Developing and implement ing mechanisms, performance standards, etc., 234 to promote consistent implementation of Best Management P ractices 235 among the Permittees. 236
237
N. Cooperating in watershed management programs and regional and/or 238 statewide monitoring programs. 239
240
IV. Co-permittee Responsibilities . The Co-permittees shall support the Principal Permittee 241 by: 242
243
A. Preparing and submitting to the Principal Permittee in a timely manner 244 all required information necessary to comply with permit reporting 245 requirements. Timely completion of Permittee annual report information 246 is considered meeting the deadline if received on or before September 247 15th of each reporting year. 248
B. Notifying the Principal Permittee immediately, in writing, of any 249 changes to the designated representative to the Management Committee. 250 C. Reviewing and commenting on all plans, strategies, management 251 programs, and monitoring programs, as developed by the Principal 252 Permittee or a subcommittee of the Management Committee. 253 D. Conducting and/or coordinating with the Principal Permittee on any 254 surveys or characterizations needed to identify pollutant sources from 255 specific drainage areas. 256
257
V. Compliance Responsibilities . The DISTRICT, COUNTY and CITIES are individually 258 responsible for implementing all MS4 Permit requirements within their respective 259 jurisdictions. The Management Committee does not assume any responsibility for 260 implementing the Stormwater Management Programs for the Principal Permittee or any 261 other Permittee or for ensuring that the Principal Permittee or the Co -permittees 262 implement programs consistent with the recommendations of the Management 263 Committee. 264
265
VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 266 the other parties to this AGREEMENT from and against any and all liability and expense 267 arising from any act or omission of the indemnifying party, its authorized officers, 268 employees, agents, and volunteers in connection with the performance of this 269 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 270 fees, claims, actions, damages, liability, and causes of action for damages of any nature 271 whatsoever; provided, however, that no party shall indemnify another party for that 272 party’s own negligence or willful misconduct. 273
151

7 274
In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 275 fault for any claim, action, loss or damage which results from their respective obligations 276 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 277 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 278 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 279 that any alleged negligence of the employee shall not be construed against the employer 280 of that employee. 281
282
The parties to this AGREEMENT are authorized self -insured public entities for purposes 283 of Professional Liability, Automobile Liability, General Liability, and Workers’ 284 Compensation and warrant that through their programs of self -insurance, they have 285 adequate coverage or resources to protect against liabilities arising out of their 286 performance under this AGREEMENT. 287
288
VII. Program Costs . The responsibilities for payment of all shared costs of equipment, 289 services, contracted analytical services, and the cost of implementing the MS4 Permit, 290 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows: 291 292
A. The DISTRICT shall contribute 5% of the annual Program Costs; the 293 other Permittees shall be responsible for the remaining 95% of the 294 Program Costs. 295
296
B. The annual budget shall separate program costs into four Program Areas: 297 298

1. Monitoring, which shall include any water quality and 299 hydrographic monitoring and laboratory analyses. 300
301

2. Public Education, which shall include all public outreach programs. 302 303

3. Program Management & Regulatory Activities , which includes 304 administrative, reporting and regulatory activities. 305 306

4. Training, which addresses any training conducted to implement the 307 stormwater management program. 308
309
C. The Principal Permittee shall p repare and implement an annual operating 310 budget with the participation of the Permittees. The budget year shall 311 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 312 313

1. The Principal Permittee will forward the annual operating budget 314 for the forthcoming year to the Co-permittees for review and 315 approval. The review period shall be from the first business day of 316 November to the first business day of December of each year. 317 During the review period, the Co-permittees may provide written 318 comments on the budget to the Principal Permittee . The Fiscal 319 152

8 Subcommittee will review the comments on the budget and 320 endorse a draft budget for Management Committee approval . The 321 Management Committee will conside r the draft budget for 322 approval at the January meeting . An affirmative response from a 323 majority of the total number of authorized representatives or 324 authorized alternates is required for approval. 325
326
D. For Fiscal Year 2025/26, the Permittees cost share shall be as follows: 327

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
E. For Fiscal Year 20 26/27, and all subsequent fiscal years t he Permittees 329 cost share shall be determined annually according to the methodology 330 provided in Appendix A. 331
F. For Fiscal Year 20 26/27, and all subsequent fiscal years, t he Permittees 332 annual cost share shall be calculated by November 1 of each year and shall 333 be included in the annual budget proposal. 334
153

9 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 335 deposit after July 1, the start of the fiscal year. Each CITY and the 336 COUNTY shall pay the deposit within 60 days of the date of the invoice. 337 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 338 share of the approved annual budget, reduced for any surplus identified in 339 the prior fiscal year-end accounting. 340
H. The DISTRICT shall make reasonable efforts to inform the Management 341 Committee during the fiscal year of potential exceedances of the approved 342 budget that may require the Parties to increase the deposits. If at any time 343 during a fiscal year the program costs exceed the sum of the deposits, the 344 DISTRICT shall submit invoices to the CITIES and the COUNTY to 345 recover the deficit. The share for each CITY and the COUNTY shall be 346 prorated according to the formula above (see Paragraphs D and E of this 347 Section). Each CITY and COUNTY shall pay the invoice within 60 days 348 of the billing date. 349
350
I. The DISTRICT shall prepare a fiscal year end accounting at the end of 351 each fiscal year and distribute copies to the Permittees for their review by 352 October 31 of that year . Permittees shall have 30 calendar days from the 353 date of their receipt of the fiscal year end accounting to dispute in writin g 354 or concur with the findings. If the fiscal year end accounting results in 355 costs exceeding the sum of the de posits (including interest earnings), the 356 DISTRICT shall invoice each CITY and the COUNTY for its prorated 357 share of the excess cost. Each CITY and the COUNTY shall pay the 358 billing within 60 days of the date of the invoice. If the fiscal year end 359 accounting results in the sum of the deposits (including interest earnings) 360 exceeding costs, the excess deposits will carry forward to reduce the 361 billings for the following year. 362
363
J. Upon termination of the program, a final accounting shall be performed by 364 the DISTRICT. If costs exceed the sum of the deposits (including interest 365 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 366 its prorated share of the excess. Each CITY and the COUNTY shall pay 367 the invoice within 60 days of the date of the invoice. If the sum of the 368 deposits (including interest earnings) exceed s the costs, the DISTRICT 369 shall reimburse to each CITY and the COUNTY its prorated share of the 370 excess (including any intere st earnings remaining) , within 30 days of the 371 final accounting. 372
373
K. Each CITY and the COUNTY shall bear the financial responsibility for 374 implementing the program within its jurisdictional boundaries, including 375 any applicable MS4 permit fees, as outlined in Section V. 376 377
154

10 L. The annual administrative costs (includes actual hourly rate including 378 fringe benefits plus any other direct cost) incurred by the DISTRICT shall 379 be included in the budget for the Areawide Program Costs and paid 380 according to this Section, Section III and Appendix A. 381 382
M. The financial responsibility for this AGREEMENT will be effective on the 383 date this AGREEMENT takes effect. 384
385
VIII. Term of the AGREEMENT . The term of the AGREEMENT coincides with the current 386 MS4 Permit (Order No. R8 -2010-0036) and subsequent MS4 Permits that list the 387 DISTRICT, COUNTY, and the CITIES as Permittees . This A GREEMENT shall take 388 effect on the date it is approved by all parties . This AGREEMENT shall terminate upon 389 the effective date of a new implementation agreement approved by all parties which will 390 supersede this AGREEMENT. 391
392
IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San 393 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the 394 provisions in this funding agreement and shall sign this AGREEMENT prior to be ing 395 included in the permit. The date of initiation, for determining participant costs for any 396 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 397 issued by SARWQCB. The cost for adding any additional Permittee to the program, 398 including additional permit and processing fees, shall be paid by the added Permittee. 399 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their 400 respective annual program operating fees for the following budget year. 401 402
X. Withdrawal from the AGREEMENT . A Permittee may withdraw from this 403 AGREEMENT at the end of any fiscal year with written notice being received by the 404 DISTRICT 1 year prior to the end of the fiscal year. A withdrawing Permittee will not be 405 allowed refunds for tasks, projects or studies already underway in which funds have been 406 obligated for the fiscal year . 407
408
The withdrawing Permittee shall be responsible for all assessed penalties a s a 409 consequence of withdrawal. The cost allocations to the remaining members will be 410 calculated in the following budget year. 411
412
XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 413 agreement. If a breach is not cured within ninety (90) days after receiving a notice to 414 cure the breach by a permittee , permittee in breach may be terminated from this 415 AGREEMENT by a majority vote of the Management Committee. 416 417
XII. Non-compliance with MS4 Permit Requirements . Any Permittee found in non -418 compliance with the conditions of the MS4 Permit within their jurisdictional 419 responsibilities shall be solely liable for any assessed penalties, pursuant to Section 420 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed 421 according to the formula in Appendix A. 422
423
155

11 XIII. Legal Action/Costs/Attorney Fees . Where any legal action is necessary to declare any 424 party’s rights hereunder or enforce any provision hereof for any damages by reason of an 425 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 426 attorney’s fees and costs incurred in conjunction with such legal action regardless of who 427 is found to be the prevailing party . This section shall not apply to those costs and 428 attorney’s fees arising from any third party legal action against a party hereto and payable 429 under Section VI, Indemnification and Insurance. 430
431
XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent of 432 a three-quarters majority of the Permittees (rounded to the nearest whole number). 433 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 434 become effective upon its execution by a majority of the Permittees as defined above. 435 436
XV. Authorized Signatories : Each Permittee will determine who will be the authorized 437 signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 438 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 439 440
XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working 441 days after deposit in the U.S. Mail, certified mail, return receipt requested. 442 443
XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 444 laws of the State of California. If any provision or provisions of this AGREEMENT shall 445 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of 446 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 447 action which arises out of or is in any way related to this AGREEMENT shall be brought 448 in the Superior Court of the San Bernardino County. 449 450
XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived and 451 no breach excused, unless such waiver or consent shall be in writing and signed by any 452 Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a 453 breach by the other whether expressed or implied, shall not constitute a consent to, 454 waiver of, or excuse for any other different or subsequent breach. 455 456
XIX. Reserved. 457
458
XX. Applicability of Prior Agreements . This document constitutes the entire AGREEMENT 459 between the Permittees with respect to the subject matter; all prior agreements, 460 representation, statements, negotiations, and undertakings are superseded hereby and 461 shall be deemed terminated upon the effective date of this AGREEMENT. 462 463
XXI. Execution of the AGREEMENT . This AGREEMENT may be executed in counterpart 464 and the signed counterparts shall constitute a single instrument. 465 466
XXII. No Separate Entity . This AGREEMENT established a framework for PERMITTEE 467 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 468 create an entity separate from the local agencies that join in this cooperative effort. 469 156

12 470
IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 471 above written. 472
473
PLEASE INSERT YOUR AGENCY’S STANDARD SIGNATURE PAGE. 474 475
157

13 APPENDIX A 476
477
A. The DISTRICT shall pay five percent (5%) of the total annual cost , and the COUNTY 478 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 479 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 480 481
B. The Permittees total annual cost share is the sum of the individual cost -shares calculated 482 for each Program Cost Area. 483
484
C. The Permittees annual cost share for each Program Cost A rea (PCAi) shall be calculated 485 using three cost factors: 486
487

1. Base, which represents the percentage of the program c osts equally applied to all 488 Permittees. The base (B) fraction is calculated as follows: 489 490
B = 1/N, where N = number of Permittees 491
492

2. Relative Population, which re presents the percentage of the program c osts based 493 on the relative population of each Permittee. Relative population (RP) of each 494 Permittee shall be calculated annually from annual population estimates issued by 495 the California Department of Finance (E-1 Table). 496
497
RPi = (Pi/Ptotal), where 498
499
RPi = relative population of Permittee (i) 500
Pi = population of Permittee (i) 501
Ptotal = total population for area covered by the area-wide permit 502 503

3. Relative Land Area , which represents the percentage of the program costs based 504 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 505 calculated as follows: 506
507
a. The calculation of relative land area within each Permittee’s jurisdiction 508 shall exclude land under tribal, state or federal jurisdiction , or any land 509 excluded by the State Water Resources Control Board . Any Permittee 510 seeking to exclude lands under this Section shall specifically request that 511 exclusion from the Principal Permittee by providing the request in writing 512 along with necessary documentation no later than October 1 to be 513 considered for inclusion in the next year’s annual budget. The requesting 514 Permittee has the burden of proving entitlement to any exemption so 515 requested. 516
517
b. The method for calculating relative land area shall be determined from the 518 Assessor’s Parcel data provided by the COUNTY Information Services 519 Department. 520
521
158

14 RLAi = (Li/Ltotal), where 522
RLAi =relative land area of Co-permittee (i) 523
Li = land area of Co-permittee (i), less excluded lands 524 Ltotal = total land area under permit jurisdiction 525
526
D. The Permittee’s cost share for each individual Program Cost Area is based on the relative 527 importance of the cost factors to the Program Cost Area. The cost share calculation for 528 each Program Cost Area is as follows: 529
530
PCAi = [(B * Xi * ABi) + (RPi * Yi * ABi) + (RLAi * Zi * ABi)] 531 532
Where, 533
534
PCAi = Permittee’s cost share for PCAi 535
ABi = Annual budget for PCAi 536
537
B = Base fraction for each Permittee 538
Xi = Percentage apportioned to the base for PCAi 539
540
RPi = Relative population of Permittee(i) 541
Yi = Percentage apportioned to relative population for PCAi 542 543
RLAi = Relative land area of the Permittee(i) 544
Zi = Percentage apportioned to relative land are for PCAi 545 546
E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 547 calculated for each individual Program Cost Area: 548
549
Permittee’s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 550 551
Table 1. Budget Year [DATE]
Program Cost Areas
(PCAi)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(Xi)
Relative
Populatio
n (Yi)
Relative
Land
Area (Zi)
Monitoring (PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA3)
30% 50% 20%
Training (PCA4) 30% 60% 10%
552
159
NPDES Stormwater Implementation Agreement – Santa Ana Region IN WITNESS WHEREOF, the AGREEMENT has been executed this 15th day and of September 2026.

CITY OF ONTARIO

Scott Ochoa, City Manager

Dated:

APPROVED AS TO LEGAL FORM

By: ____________________________
Sheila Mautz
City Clerk

By:

Best Best & Krieger LLP
City Attorney

Date:

160
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: 11
SUBJECT:

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES WITH POPULOUS, INC. FOR THE ONTARIO

PROFESSIONAL BASEBALL STADIUM AND PARKING STRUCTURE PROJECT

CITY OF ONTARIO
Agenda Report
September 15, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

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

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

The proposed Amendment No. 3 to the Design Services Agreement with Populous, Inc. is for additional design and engineering services in the amount of $33,795 for a total not-to-exceed contract amount of $13,848,605. If approved, additional budget will be considered at a Quarterly Budget Update to Council for approval in the Capital Projects – Measure Q Fund for the Professional Baseball Stadium Project.

BACKGROUND & ANALYSIS:

On August 18, 2023, the City Council awarded a Design Services Agreement to Populous, Inc. for the design of Ontario’s Professional Baseball Stadium and Parking Structure.

If approved, Amendment No. 3 to the agreement will provide additional design and engineering 161
services required during the construction phase of the project. These services include additional assessment and engineering of the pedestrian bridge to verify its safety and structural integrity.

The amendment will also provide for functional performance testing of the stadium’s mechanical equipment to confirm that the systems are properly operating and performing as designed. 162

BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100 \9423414

PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM

ALAN D. WAPNER
JIM W. BOWMAN

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 3 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

POPULOUS, INC

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Populous, Inc., a CORPORATION, (“CONSULTANT”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “DEIGN SERVICES AGREEMENT” dated August 15, 2023. (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the A greement to revise the scope of services for D&C23 -011 Minor League Stadium & Parking Structure P roject set forth in Amendment No. 3 – Attachment “A” and increase the not to exceed compensation amount by Thirty Three Thousand Seven Hundred Ninety Five Dollars ($33,795) for a total not to exceed amount of ($13,848,605) Thirteen Million Eight Hundred Thirty-Eight Thousand One Hundred Five Dollars. The Parties have heretofore entered into that Amendment No. 1 dated March 5, 2024, and Amendment No. 2 dated September 17, 2024.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section

3.37 of the Agreement.

3. Terms.

3.1 Amendment. Sections 3.1.1, 3.1.2 and 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:

“3.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work 163
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necessary to fully and adequately supply the professional architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as "Services"). The Services are more particularly described throughout this Agreement, including Exhibit “A.” All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federa l laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.”

“3.1.2 Term. The term of this Agreement shall be from July 18, 2023, to May 01, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”

“3.10.1 Consultant’s Compensation for Basic Services . City shall pay to Consultant for the performance of all Services rendered under this Agreement, with the total not to exceed amount of Thirteen Million Eight Hundred Forty Eight Thousand Six Hundred and Five Dollars ($13,848,605) (“Total Compensation”).

The total compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.”

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

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

3.3 Adequate Consideration . The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 3 TO DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND POPULOUS, INC

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO POPULOUS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

166
July 23, 2026
Mr. Tito Haes, Executive Director Public Works
City of Ontario
303 East B Street
Ontario, CA 91764-4196
RE: Ontario Ballpark: Functional Performance Testing
Proposal for Additional Services – Amendment No. 006
Populous Project No. 23.005836.006
Dear Tito,
Populous is pleased to provide our proposal for additional services to provide Functional Performance Testing as described in Henderson Building Solution’s attached proposal. This letter shall act as our agreement between Populous, Inc. (“Architect”) and the City of Ontario, a municipal corporation (“City”) for professional planning, design and engineering services in conjunction with the Ontario Ballpark, including:

1.1. Functional Performance Testing by Henderson

1.2. Coordination & Documentation by Populous
The specific description of consultant services provided are defined in Attachment A, “Scope of Services” and made a part of this Agreement.

The terms of compensation and reimbursements to the Architect for rendering these services are defined in Attachment B, “Compensation for Services,” and made a part of this Agreement. The general terms and conditions of this agreement are in accordance with the Design Services Agreement between the City of Ontario and Populous, Inc. dated August 11, 2023 “Prime Agreement", and made a part of this Agreement.

If you are in agreement with the terms and conditions above, please sign below and initial each Attachment. Upon my receipt of one signed copy of this Letter Agreement, we will begin work on your project. The conditions of this letter shall be applicable for forty-five (45) days from the date of this letter after which the Architect reserves the right to review and/or renegotiate them with the City.

We look forward to working with you on this project. Please call me if you have any questions on the above.

Sincerely,
Lyle Miller, AIA
Sr. Principal
Attachment A
167

Mr. Tito Haes July 23, 2026
City of Ontario Page 2 of 4

Initials________

ACCEPTED BY CITY:

Signature

Name

Title

Date

ACCEPTED BY ARCHITECT:

Signature

Lyle Miller, AIA
Name

Sr. Principal
Title

07,23,26
Date

168

Mr. Tito Haes July 23, 2026
City of Ontario Page 3 of 4

Initials________

ATTACHMENT A

ONTARIO BALLPARK: Functional Performance Testing
Populous Project No. 23.005836.006

SCOPE OF SERVICES

Populous is pleased to provide our proposal for Functional Performance Testing (Commissioning) of MEP equipment. Please note that this service needs to be provided by a third-party (Henderson Building Solutions), while the original MEP design was provided by Henderson Engineers.

SCOPE OF SERVICES

Populous will provide professional services in conjunction with our consultants for the following:

1. Functional Performance Testing
As described in the attached proposal by Henderson Building Solutions

2. Architectural Coordination
Populous shall coordinate the work with the above consultants and submit the final documents to the City.

169

Mr. Tito Haes July 23, 2026
City of Ontario Page 4 of 4

Initials________

ATTACHMENT B

ONTARIO BALLPARK: Functional Performance Testing
Populous Project No. 23.005836.006

COMPENSATION FOR SERVICES

Functional Performance Testing

Henderson

1.1 Functional Performance Testing 20,295

Populous

1.2 Support & Coordination 3,000

TOTAL

$ 23,295

Expenses. Included in Fees above.

By City approval of this proposal, Architect’s Compensation for Basic Services as identified in article 3.10.1 of the Prime Agreement is increased by $ 23,295. 170

ADDITIONAL SERVICE AUTHORIZATION ASA #01

TO Populous
FROM Henderson Building Solutions
DATE 7/20/2026
PROJECT Ontario Ballpark
PROJECT NO. 2330003105

DESCRIPTION OF ADDITIONAL SERVICE
Henderson Building Solutions, LLC is not obligated to perform the stated additional services until it receives the Client’s signed authorization.

This includes (1) 5-day FPT site visit, (1) 1-day back check visit, Travel Expenses, and project completion documents. This is to complete functional performance testing and complete the final report. Site visit quantity and time spent testing has been exceeded from the base contract due to incomplete or missing controls sequences and mechanical equipment set up discovered during testing. This add service has been provided to cover additional visits and will be billed at cost for expenses and at the additional service hourly rates provided in the original agreement.

COMPENSATION FOR ADDITIONAL SERVICE

$ 20,295 Site Visit FPTs & Project Completion Documents

$ 20,295 TOTAL NOT -TO -EXCEED FEE FOR ADDITIONAL SERVICE

The Not-To-Exceed fee includes reimbursable expenses.

Submitted by:

Jon Jensen, Regional Director Cx 7/20/2026
Henderson Building Solutions, LLC Printed Name & Title Date

By signing below, Client authorizes the additional services set forth herein and agrees to pay Henderson Building Solutions the additional fee set forth. The obligations under this Authorization shall be subject to the terms and conditions of any executed agreement between the parties for this Project.

Authorized by:

Client’s Representative Printed Name & Title Date

171

August 4, 2026

Mr. Tito Haes, Executive Director Public Works
City of Ontario
303 East B Street
Ontario, CA 91764-4196

RE: Ontario Ballpark: Precast Bridge Crack Assessment
Proposal for Additional Services – Amendment No. 007
Populous Project No. 23.005836.000

Dear Tito,

Populous is pleased to provide our proposal for additional services to provide Precast Bridge Crack Assessment as described in Walter P Moore’s attached proposal. This letter shall act as our agreement between Populous, Inc. (“Architect”) and the City of Ontario, a municipal corporation (“City”) for professional planning, design and engineering services in conjunction with the Ontario Ballpark, including:

1.1. Precast Bridge Crack Assessment

1.2. Coordination & Documentation by Populous

The specific description of consultant services provided are defined in Attachment A, “Scope of Services” and made a part of this Agreement.

We look forward to working with you on this project. Please call me if you have any questions on the above.

Sincerely,

Lyle Miller, AIA
Sr. Principal

172

Mr. Tito Haes July 23, 2026
City of Ontario Page 2 of 4

Initials________

ACCEPTED BY CITY:

Signature

Name

Title

Date

ACCEPTED BY ARCHITECT:

Signature

Lyle Miller, AIA
Name

Sr. Principal
Title

08,04,26
Date

173

Mr. Tito Haes July 23, 2026
City of Ontario Page 3 of 4

Initials________

ATTACHMENT A

ONTARIO BALLPARK: Precast Bridge Crack Assessment
Populous Project No. 23.005836.000

SCOPE OF SERVICES

Populous is pleased to provide our proposal for Precast Bridge Crack Assessment.

SCOPE OF SERVICES

Populous will provide professional services in conjunction with our consultants for the following:

1. Precast Bridge Crack Assessment
As described in the attached proposal by Walter P Moore

2. Architectural Coordination
Populous shall coordinate the work with the above consultants and submit the final documents to the City.

174

Mr. Tito Haes July 23, 2026
City of Ontario Page 4 of 4

Initials________

ATTACHMENT B

ONTARIO BALLPARK: Precast Bridge Crack Assessment
Populous Project No. 23.005836.000

COMPENSATION FOR SERVICES

Functional Performance Testing

Walter P Moore

1.1 Precast Bridge Crack Assessment $9,500

Populous

1.2 Support & Coordination $1,000

TOTAL

$ 10,500

Expenses. Included in Fees above.

By City approval of this proposal, Architect’s Compensation for Basic Services as identified in article 3.10.1 of the Prime Agreement is increased by $ 10,500. 175

PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES – Additional Service Request 14 Project: Ontario MiLB Ballpark and Parking Garage
Client: Populous
Client Contact: Sanjiv Bajaj
Additional Service Title: Precast Bridge Crack Assessment Additional Service Date: 08/03/2026
Base Project Number: M0923006.00

Walter P. Moore and Associates, Inc. (Walter P Moore) is currently engaged as a consultant on this project.

We are submitting this Additional Service Request based on our understanding of increased and/or modified scope of work. We propose to provide services to Client as defined below:

Additional Service Description: It is our understanding that on July 20 th, 2026, representatives from Tilden- Coil Constructors (Tilden-Coil) notified the City of Ontario and Populous about a noticeable crack on the underside of a precast pedestrian bridge connecting buildings C and D at the concourse level of ONT Field.

Walter P Moore served as the Structural Engineer of Record for the original construction project, with the precast bridge being a delegated design component.

Based on the review of the crack pattern documented by Tilden -Coil, Walter P Moore’s representatives recommended additional investigation to evaluate the bridge’s current condition, identify potential causes for the observed cracks, and determine whether remediation is warranted.

Scope of Services: The scope of services includes performing a visual assessment of the bridge condition, conduct limited non-destructive testing, and prepare a brief report summarizing our findings and recommendations.

Walter P Moore will perform one (1) site visit to complete the visual assessment of exposed and readily observable areas of the structure and conduct non-destructive testing, including a relative elevation survey of the bridge using a LIDAR Camera, acoustic sounding of the concrete (chain drag) and Ground Penetrating Radar (GPR) scanning of the top and underside of the bridge . We assume that access to elevated areas of the bridge via scissor lift will be provided by the client.

Walter P Moore will provide a brief letter report documenting the findings of our evaluation, including:
• Description of the scope of work.
• Description of the findings, including a statement of probable cause(s) of the structural distress , if such cause(s) can be reasonably determined with the available information . • Recommendations for more in-depth evaluation, if appropriate. • Schematic presentation of the measures needed, if any, to correct the problems under st udy, as can be determined with the available information.

Compensation: Walter P Moore proposes to provide the defined Scope of Services on a Lump Sum Fee basis of $9,500 including expenses.

Terms of Agreement: Terms for this Additional Service shall be in accordance with our base Proposal and Agreement for this project.

Attachments: None

176

PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES
Ontario MiLB Ballpark and Parking Garage

Page 2 of 2 ends

Ontario City CouncilSeptember 15, 2026

Ontario City Council
September 15, 2026